2007 Oregon Code - Chapter 51 :: TITLE 6
TITLE 6
JUSTICE
COURTS
Chapter 51. Justice Courts; Jurisdiction
52. Civil Actions
53. Appeals in Civil Actions
54. Juries
55. Small Claims
_______________
Chapter 51 Justice
Courts; Jurisdiction
2007 EDITION
JUSTICE COURTS; JURISDICTION
JUSTICE COURTS
ORGANIZATION AND JURISDICTION
51.010 Justice
court defined; no terms of court; court always open for business
51.020 Justice
of the peace districts; establishing and modifying boundaries; maximum number
of districts
51.025 Justice
court as court of record
51.028 Justice
court ceasing operation as court of record
51.035 Justice
of peace as municipal judge
51.037 Agreement
between city and county for provision of judicial services
51.050 Criminal
jurisdiction; transfer to circuit court
51.070 Crimes
triable in justice court
51.080 Civil
jurisdiction of justice court
51.090 Civil
jurisdiction not to extend to certain actions
51.100 Where
action may be commenced in civil cases
51.110 Records
and files of a justice court
51.120 Justice
court docket
51.130 Disposition
of docket and files; docket and files are public writings
51.140 Office,
courtroom and clerical assistance; books, office equipment and supplies
JUSTICES OF THE PEACE
51.210 Each
district to elect one justice
51.230 At
what election justice to be elected
51.240 Qualifications
for office; principal office
51.245 Continuing
education
51.250 Time
when term begins; filing certificate of election, oath of office and
undertaking
51.260 Filling
vacancy; temporary appointment; appointment during justices vacation
51.270 Form
of justices undertaking
51.280 Qualifications
of sureties; filing justification
51.300 Temporary
service by circuit court judge or other justice of the peace
FEES AND FINES
51.310 Schedule
of fees; payment of fees to county treasurer
51.340 Monthly
report of fines collected
CONSTABLES
51.440 Appointment
of constables; term; removal
51.450 Qualifications
for office
51.460 Oath
and undertaking; amount of undertaking
51.470 Form
of undertaking
51.480 Qualifications
of sureties
51.490 Filling
vacancies; qualifying for office
51.500 Deputies;
appointment; revocation; oath of office; authority and powers; compensation
51.540 Civil
fees collected in advance; payment to county treasurer
51.550 Office;
clerical assistance; books, office equipment and supplies
ORGANIZATION AND JURISDICTION
51.010
Justice court defined; no terms of court; court always open for business. A justice court is a court held by a justice
of the peace within the justice of the peace district for which the justice of
the peace may be chosen. There are no particular terms of such court, but the
same is always open for the transaction of business, according to the mode of
proceeding prescribed for it.
51.020
Justice of the peace districts; establishing and modifying boundaries; maximum
number of districts. (1) The
county court or board of county commissioners of every county may set off and
establish, or modify the boundaries of, justice of the peace districts within
the county. No more than six justice of the peace districts shall be set off or
established or permitted to remain in existence within any county. Except in
the counties of Baker, Gilliam, Grant, Harney, Morrow,
(2) At the time that the county court or
board of county commissioners of a county sets off and establishes the
boundaries of a justice of the peace district, the county court or board of
county commissioners may require as a qualification for the office that a
person serving as justice of the peace in the district be a member of the
Oregon State Bar. [Amended by 1965 c.568 §5; 1995 c.658 §53; 1997 c.801 §105;
1999 c.449 §1]
51.025
Justice court as court of record. (1) Except as provided in subsection (7) of this section, any justice
court may become a court of record by:
(a) The passage of an ordinance by the
governing body of the county in which the court is located; and
(b) The entry of an order by the Supreme
Court acknowledging the filing of the declaration required under subsection (2)
of this section.
(2) Before a justice court may become a
court of record, the governing body of the county in which the court is located
must file a declaration with the Supreme Court that includes:
(a) A statement that the justice court
satisfies the requirements of this section for becoming a court of record;
(b) The address and telephone number of
the clerk of the justice court; and
(c) The date on which the justice court
will commence operations as a court of record.
(3) The Supreme Court may not charge a fee
for filing a declaration under subsection (2) of this section. Not later than
30 days after a declaration is filed under subsection (2) of this section, the
Supreme Court shall enter an order acknowledging the filing of the declaration
and give notice of the order of acknowledgment to the county and the public.
(4) The county shall provide a court
reporter or an audio recording device for each justice court made a court of
record under this section.
(5) The appeal from a judgment entered in
a justice court that becomes a court of record under this section shall be as
provided in ORS chapters 19 and 138 for appeals from judgments of circuit
courts.
(6) As a qualification for the office, the
justice of the peace for any justice court that becomes a court of record must
be a member of the Oregon State Bar.
(7) A justice court may not become a court
of record under the provisions of this section if the court is located within
50 driving miles of the circuit court for the county in which the justice court
is located, measured by the shortest distance by public roads between the
justice court and the circuit court. [1999 c.682 §1; 2007 c.330 §1]
Note: Section 4, chapter 682, Oregon Laws 1999, provides:
Sec.
4. Sections 1 (3) and 3 (3)
of this 1999 Act [51.025 (3) and 221.342 (3)] do not affect the term of office
of any justice of the peace or municipal judge serving on the effective date of
an ordinance passed for the purpose of making a justice court or municipal
court a court of record. Any justice of the peace or municipal judge elected or
appointed after the effective date of the ordinance must, as a qualification
for the office, be a member of the Oregon State Bar. [1999 c.682 §4]
Note: Section 3, chapter 330, Oregon Laws 2007,
provides:
Sec.
3. (1) On or before June 30,
2008, any justice court that is operating as a court of record on January 1,
2008, must file a declaration with the Supreme Court that includes:
(a) A statement that the justice court
satisfies the requirements of ORS 51.025 for becoming a court of record;
(b) The address and telephone number of
the clerk of the justice court; and
(c) The date on which the justice court
commenced operations as a court of record.
(2) The Supreme Court may not charge a fee
for filing a declaration under subsection (1) of this section. Not later than
30 days after a declaration is filed under subsection (1) of this section, the
Supreme Court shall enter an order acknowledging the filing of the declaration
and give notice of the order of acknowledgment to the county and the public.
[2007 c.330 §3]
51.028
Justice court ceasing operation as court of record. (1) Any justice court that has become a
court of record under ORS 51.025 may cease to operate as a court of record only
if the governing body of the county in which the court is located files a
declaration with the Supreme Court identifying the date on which the justice
court will cease operation as a court of record. The date identified in the
declaration may not be less than 31 days after the date the declaration is
filed.
(2) The Supreme Court may not charge a fee
for filing a declaration under subsection (1) of this section. Not later than
30 days after a declaration is filed under subsection (1) of this section, the
Supreme Court shall enter an order acknowledging the filing of the declaration
and give notice of the order of acknowledgment to the county and the public.
(3) The appeal from a judgment entered in
a justice court after the date identified in a declaration filed under this
section shall be as provided in ORS 53.005 to 53.125 and ORS chapter 157. [2007
c.330 §2]
51.030 [Amended by 1963 c.614 §3; repealed by 1997
c.487 §2 and 1997 c.801 §106]
51.035
Justice of peace as municipal judge. Except as provided in ORS 3.136, any city situated wholly or in
largest part within the boundaries of a justice of the peace district may enter
into an agreement pursuant to ORS 190.010 with the county in which the justice
of the peace district is located providing that the justice court for the
district shall have all judicial jurisdiction, authority, powers, functions and
duties of the municipal court of the city and the judges thereof with respect
to all or any violations of the charter or ordinances of the city. [1975 c.713 §1]
51.037
Agreement between city and county for provision of judicial services. Any city may enter into an agreement
pursuant to ORS 190.010 with the county in which a justice of the peace
district is located for the provision of judicial services. A justice of the
peace providing services to a city pursuant to such an agreement shall have all
judicial jurisdiction, authority, powers, functions and duties of the municipal
court of the city and the judges thereof with respect to all and any violations
of the charter or ordinances of the city. Unless the agreement provides
otherwise, and subject to the provisions of ORS 153.630, all fines, costs and
forfeited security deposits collected shall be paid to the prosecuting city,
and the city shall reimburse the county providing judicial services for
expenses incurred under the agreement. The exercise of jurisdiction under such
an agreement by a justice of the peace shall not constitute the holding of more
than one office. [1989 c.679 §2; 1999 c.1051 §243]
51.040 [Amended by 1971 c.743 §312; 1979 c.777 §43;
1987 c.907 §13; repealed by 1999 c.605 §8 and 1999 c.1051 §42]
51.050
Criminal jurisdiction; transfer to circuit court. (1) Except as otherwise provided in this
section, in addition to the criminal jurisdiction of justice courts already
conferred upon and exercised by them, justice courts have jurisdiction of all
offenses committed or triable in their respective counties. The jurisdiction
conveyed by this section is concurrent with any jurisdiction that may be
exercised by a circuit court or municipal court.
(2) In any justice court that has not
become a court of record under ORS 51.025, a defendant charged with a
misdemeanor shall be notified immediately after entering a plea of not guilty
of the right of the defendant to have the matter transferred to the circuit
court for the county where the justice court is located. The election shall be
made within 10 days after the plea of not guilty is entered, and the justice shall
immediately transfer the case to the appropriate court.
(3) A justice court does not have
jurisdiction over the trial of any felony. Except as provided in ORS 51.037, a
justice court does not have jurisdiction over offenses created by the charter
or ordinance of any city. [Amended by 1963 c.513 §3; 1969 c.180 §1; 1971 c.743 §313;
1973 c.625 §1; 1995 c.658 §55; 1999 c.605 §1; 1999 c.682 §10; 1999 c.1051 §41]
51.060 [Amended by 1957 c.644 §27; 1971 c.743 §314;
repealed by 1999 c.605 §8 and 1999 c.1051 §42]
51.070
Crimes triable in justice court. A crime is triable in a justice court when, by the provisions of ORS
131.205 to 131.325, an action may be commenced therefor in the county where
such court is held. [Amended by 1973 c.836 §328]
51.080
Civil jurisdiction of justice court. (1) A justice court has jurisdiction, but not exclusive, of the
following actions:
(a) For the recovery of money or damages
only, when the amount claimed does not exceed $7,500.
(b) For the recovery of specific personal
property, when the value of the property claimed and the damages for the
detention do not exceed $7,500.
(c) For the recovery of any penalty or
forfeiture, whether given by statute or arising out of contract, not exceeding
$7,500.
(d) To give judgment without action, upon
the confession of the defendant for any of the causes specified in this
section, except for a penalty or forfeiture imposed by statute.
(2) For purposes of this section, the
amount claimed, value of property, damages or any amount in controversy does
not include any amount claimed as costs and disbursements or attorney fees as
defined by ORCP 68 A. [Amended by 1973 c.625 §2; 1979 c.447 §1; 1983 c.149 §2;
1989 c.839 §34; 1993 c.735 §10; 1997 c.801 §107; 1999 c.84 §4; 2007 c.71 §13;
2007 c.125 §4]
Note: Section 8, chapter 125, Oregon Laws 2007,
provides:
Sec.
8. The amendments to ORS
46.405, 46.425, 46.461, 51.080, 55.011, 55.095 and 133.055 by sections 1 to 7
of this 2007 Act apply to all actions commenced in the small claims department
of a court on or after the effective date of this 2007 Act [January 1, 2008],
without regard to whether the claim for which the action is commenced arose
before, on or after the effective date of this 2007 Act. [2007 c.125 §8]
51.090
Civil jurisdiction not to extend to certain actions. The jurisdiction conferred by ORS 51.080
does not extend to:
(1) An action in which the title to real
property shall come in question.
(2) An action for false imprisonment,
libel, slander or malicious prosecution. [Amended by 1983 c.673 §9; 2003 c.14 §22]
51.100
Where action may be commenced in civil cases. (1) Except as provided in this section, a civil action subject to the
jurisdiction of a justice court must be commenced in the county where one of
the parties resides.
(2) If a defendant in a civil action
subject to the jurisdiction of a justice court does not reside in this state,
the action may be commenced in any justice district of this state.
(3) If all parties reside in the same
justice district, a civil action may be brought only in the justice court for
that justice district.
(4) Motions for change of venue in justice
courts are subject to the same laws governing change of venue in circuit court.
[Amended by 1999 c.605 §2]
51.110
Records and files of a justice court. The records and files of a justice court are the docket and all papers
and process filed in or returned to such court, concerning or belonging to any
proceeding authorized to be had or taken therein, or before the justice of the
peace who holds such court.
51.120
Justice court docket. (1)
The docket of a justice of the peace is a record in which the justice of the
peace must enter:
(a) The title of every action or
proceeding commenced in the court of the justice of the peace or before the
justice of the peace, with the names of the parties thereto and the time of the
commencement thereof.
(b) The date of making or filing any
pleading.
(c) An order allowing a provisional
remedy, and the date of issuing and returning the summons or other process.
(d) The time when the parties or either of
them appears, or their failure to do so.
(e) Every postponement of a trial or
proceeding, and upon whose application, and to what time.
(f) The demand for a jury, if any, and by
whom made; the order for a jury, and the time appointed for trial.
(g) The return of an order for a jury, the
names of the persons impaneled and sworn as a jury, and the names of all
witnesses sworn, and at whose request.
(h) The verdict of the jury, and when
given; and if the jury disagree and are discharged without giving a verdict, a
statement of such disagreement and discharge.
(i) The judgment of the court, and when
given.
(j) The date on which any judgment is
docketed in the docket.
(k) The fact of an appeal having been made
and allowed, and the date thereof, with a memorandum of the undertaking, and
the justification of the sureties.
(L) Satisfaction of the judgment or any
part thereof.
(m) A memorandum of all orders relating to
security release.
(n) All other matters which may be
material or specially required by any statute.
(2) The docket of a justice court may be
maintained in electronic form. [Amended by 1999 c.788 §43; 1999 c.1051 §244]
51.130
Disposition of docket and files; docket and files are public writings. The docket and files of a justice court are
to be safely and securely kept by the justice of the peace, and by the justice
of the peace forthwith delivered to a successor in office. When any justice
court is abolished, the docket and files of that court shall be turned over to
the clerk of the circuit court for the county in which the justice court was
located. Such docket and files are public writings. [Amended by 1995 c.658 §56]
51.140
Office, courtroom and clerical assistance; books, office equipment and supplies. The county court or board of county
commissioners of the county in which the justice of the peace has been elected
or appointed:
(1) May provide for the office of the
justice of the peace the office and courtroom and clerical assistance necessary
to enable the justice of the peace to effectuate the prompt, efficient and
dignified administration of justice.
(2) Shall provide for the office of the
justice of the peace:
(a) The books, records, forms, papers,
stationery, postage and office equipment and supplies necessary in the proper
keeping of the records and files of the judicial office and the transaction of
the business thereof.
(b) The latest edition of the Oregon
Revised Statutes and all official materials published from time to time to supplement
such edition. [Amended by 1955 c.448 §1; 1957 c.180 §1]
JUSTICES OF
THE PEACE
51.210
Each district to elect one justice. Each justice of the peace district shall elect one justice of the
peace, who shall hold office for six years and until a successor is elected and
qualified.
51.220 [Amended by 1961 c.724 §25; 1965 c.510 §21;
repealed by 1997 c.487 §2 and 1997 c.801 §106]
51.230
At what election justice to be elected. The election at which a justice of the peace shall be elected shall be
the general election or, if applicable, the election specified in ORS 249.088
next preceding the expiration of the term of the incumbent of the office. [Amended
by 1991 c.719 §3]
51.240
Qualifications for office; principal office. (1) A person shall not be eligible to the office of justice of the
peace unless the person is a citizen of the
(2) Each justice of the peace shall be a
resident of or have a principal office in the justice of the peace district in
which the justice court is located. For purposes of this subsection, a principal
office shall be the primary location from which a person conducts the persons
business or profession.
(3) The residence within this state
required by subsection (1) of this section shall have been maintained for at
least three years, and the residence or principal office required by subsection
(2) of this section shall have been maintained for at least one year,
immediately prior to appointment or becoming a candidate for election to the
office of justice of the peace. [1991 c.458 §10; 1993 c.493 §88]
51.245
Continuing education. (1)
Each justice of the peace who is not a member of the Oregon State Bar shall
attend or participate in a minimum of 30 hours of educational programs every
two calendar years. The programs shall be those conducted and supervised or
approved by the Chief Justice of the Supreme Court or designee.
(2) Each justice of the peace who is not a
member of the Oregon State Bar shall submit a written annual report of the
hours of educational programs referred to in subsection (1) of this section
that are attended or participated in by the justice during each calendar year
to the Oregon Justices of the Peace Association and shall submit a copy of that
report to the governing body of the county in which the justice has been
elected or appointed. The report and copy shall be submitted not later than
March 1 of the year following the calendar year for which the report is
applicable. [1989 c.1005 §1; 1993 c.742 §39]
51.250
Time when term begins; filing certificate of election, oath of office and
undertaking. The term of
office of a justice of the peace shall commence on the first Monday in January
next following election. Before entering upon the duties of office, the person
elected thereto shall qualify by filing with the county clerk of the county
wherein the person is elected:
(1) The certificate of election of the
person.
(2) An oath of office, by the person
subscribed, to the effect that the person will support the Constitution of the
(3) Also an official undertaking, duly
approved by the county court or board of county commissioners in the penal sum
of $2,500; provided, that the official undertaking of a justice of the peace in
any district in which is located the county seat, or any part thereof, shall be
in such greater penal sum, not exceeding $10,000, as the court or board shall
designate. [Amended by 1987 c.158 §7]
51.260
Filling vacancy; temporary appointment; appointment during justices vacation. (1) If a vacancy occurs in the office of
justice of the peace, the Governor immediately shall appoint some person
possessing the qualifications for election to that office to fill the vacancy
until the next general election and until such appointees successor is elected
and qualified. The person appointed to fill the vacancy shall qualify in the
same manner as a person elected to the office.
(2) In the event of a temporary absence or
other incapacity of a justice of the peace, the county court, if it deems it in
the public interest, may appoint a sitting justice of the peace from any county
justice of the peace district within the State of Oregon, or may appoint a
person possessing the qualifications for election as justice of the peace, to
serve as justice of the peace pro tempore during the period of absence or
incapacity. An appointment under this subsection may not be for a period
exceeding one year.
(3) In the event of a temporary absence of
a justice of the peace for a period of more than 60 consecutive days, or in the
event of inability for a like period to act by reason of illness or other
cause, the Governor, if the Governor deems it necessary in the public interest
that a person be appointed to fill such temporary vacancy, shall appoint some
person possessing the qualifications for election to such office to fill the
temporary vacancy.
(4) The person appointed by the county
court or Governor pursuant to subsection (2) or (3) of this section immediately
shall qualify in the same manner as a person elected to the office, and
thereupon shall perform the duties of justice of the peace for the district
during the temporary absence or inability. During the temporary tenure, the
person shall receive the salary that the absent justice of the peace otherwise
would have received during the period. When any such appointee has qualified
and entered upon the duties of office, the appointment thereto shall not be
revoked or rescinded during the actual trial or hearing of any action or
proceeding before the appointee; but the temporary appointment may be
terminated at any other time by written notice to that effect given by the
appointing authority and filed with the county clerk of the county.
(5) Every justice of the peace is entitled
to two weeks paid vacation every year and during such absence the county court
may appoint a justice of the peace pro tempore pursuant to the provisions of
subsections (2) and (4) of this section. [Amended by 1961 c.724 §26; 1995 c.329
§1; 1995 c.658 §58]
51.270
Form of justices undertaking.
The official undertaking of a justice of the peace shall be in substantially
the following form:
______________________________________________________________________________
Whereas A B has been duly elected justice
of the peace in and for the District of ______, in the County of ______, at an
election held on the ___ day of ______, 2__, we, C D and E F, hereby undertake
that if A B shall not faithfully pay over according to law all moneys that
shall come into the hands of A B by virtue of such office, then we, or either
of us, will pay to the State of Oregon the sum of $___.
C D.
E F.
______________________________________________________________________________
51.280
Qualifications of sureties; filing justification. The sureties in the undertaking provided for
in ORS 51.250 shall have the qualifications of bail and shall be residents of
the county, and their justification must be filed with the undertaking.
51.290 [Repealed by 1953 c.306 §18]
51.300
Temporary service by circuit court judge or other justice of the peace. A judge of the circuit court for a county,
or any justice of the peace for a justice court district located within the
county, may exercise the powers and duties of justice of the peace of any
justice court in the county:
(1) At the request of the justice of the
peace of the justice court;
(2) In the event of a vacancy in the
office of the justice of the peace, until the vacancy is filled as provided by
law; or
(3) In the event of the absence,
incapacity or disqualification of the justice of the peace, during the period
of such absence, incapacity or disqualification. [1965 c.377 §2; 1979 c.69 §1;
1999 c.605 §3]
FEES AND FINES
51.310
Schedule of fees; payment of fees to county treasurer. (1) Except as provided in ORS 105.130, the
justice of the peace shall collect, in advance except in criminal cases, and
issue receipts for, the following fees:
(a) For the first appearance of the
plaintiff, $30.
(b) For the first appearance of the
defendant, $22.50.
(c) In the small claims department, for a
plaintiff filing a claim, $22.50; and for a defendant requesting a hearing,
$15.
(d) For transcript of judgment, $6.
(e) For transcript of judgment from the
small claims department, $5.
(f) For certified copy of judgment, $3.50.
(g) For issuing writs of execution or
writs of garnishment, $5 for each writ.
(h) For taking an affidavit of a private
party, $1.
(i) For taking depositions, for each
folio, 70 cents.
(j) For supplying to private parties
copies of records and files, the same fees as provided or established for the
county clerk under ORS 205.320.
(k) For each official certificate, $1.
(L) For taking and certifying for a
private party an acknowledgment of proof of any instrument, $3.
(m) Costs in criminal cases, where there
has been a conviction, or upon forfeiture of security, $5.
(2) Not later than the last day of the
month immediately following the month in which fees set forth in subsection (1)
of this section are collected, the justice of the peace shall pay all such
fees, other than those for performing marriage ceremonies, over to the county
treasurer of the county wherein the justice of the peace was elected or
appointed, for crediting to the general fund of the county, and shall take the
receipt of the treasurer therefor. [Amended by 1965 c.619 §25; 1979 c.447 §2;
1987 c.829 §1; 1989 c.583 §10; 1991 c.458 §2; 1997 c.801 §132; 1999 c.1051 §245;
2003 c.687 §1]
51.340
Monthly report of fines collected. Justices of the peace in each county shall report to the county
treasurer once in each month the amount of all fines collected by them, from
whom collected, and what the fine was for, and at the same time pay to the
county treasurer in money the full amount of the fines collected. If the
justices of the peace have collected no fines, they shall report that fact to
the county treasurer.
51.350 [Repealed by 1983 c.77 §1 and 1983 c.310 §21]
51.360 [Repealed by 1983 c.77 §1 and 1983 c.310 §21]
51.410 [Repealed by 1965 c.624 §12]
CONSTABLES
51.440
Appointment of constables; term; removal. (1) The county court or board of county commissioners may appoint a
constable for any justice of the peace district in the county.
(2) An appointed constable shall hold
office for a term of not more than four years to be set by the county court or
board of county commissioners.
(3) An appointed constable may be removed
for cause by order of the county court or board of county commissioners.
(4) An order of appointment or removal
under this section shall not take effect until filed with the county clerk. [Amended
by 1965 c.624 §1; 1971 c.136 §1; 1995 c.658 §59]
51.450
Qualifications for office. A
person shall not be eligible to the office of constable of a justice of the
peace district unless the person is an elector registered in the county in
which the court is located. The county court or county commissioner may
designate the constable as the constable for one or more justice of the peace
districts within the county. [Amended by 1965 c.624 §3; 1983 c.83 §3; 1995
c.658 §60]
51.460
Oath and undertaking; amount of undertaking. Before entering upon the duties of the office of constable, the person
selected shall qualify by filing with the county clerk an oath of office
subscribed and to the same effect as required of a justice of the peace, and
also an official undertaking, duly approved as in the case of a justice of the
peace, in the penal sum of $2,500; provided, that the official undertaking of a
constable of any justice of the peace district in which is located the county
seat, or any part thereof, shall be in such greater penal sum, not exceeding
$10,000, as the county court or board of county commissioners shall designate. [Amended
by 1965 c.624 §4; 1995 c.658 §61]
51.470
Form of undertaking. The
official undertaking of a constable shall be in substantially the following
form:
______________________________________________________________________________
Whereas A B has been duly selected
constable of the District of ______, in the County of ______, we, C D and E F,
hereby undertake that if A B does not faithfully execute and return all process
to A B directed and delivered, and pay over according to law all moneys that
shall come into the hands of A B by virtue of office, then we, or either of us,
will pay to the State of Oregon the sum of $___.
C D.
E F.
______________________________________________________________________________
[Amended by 1965
c.624 §5; 1995 c.658 §62]
51.480
Qualifications of sureties.
The sureties in the undertaking provided for in ORS 51.460 shall have the
qualifications of bail and shall be residents of the county; and their
justification must be filed with the undertaking.
51.490
Filling vacancies; qualifying for office. If a vacancy occurs in any office of constable, the county court or
board of county commissioners may appoint some person possessing the
qualifications prescribed by ORS 51.450 to fill the vacancy until the expiration
of the term. The person so appointed to fill the vacancy shall qualify in the
manner and form prescribed by ORS 51.460. [Amended by 1965 c.624 §6]
51.500
Deputies; appointment; revocation; oath of office; authority and powers;
compensation. With the approval
of the county court or board of county commissioners, a constable may have one
or more deputies, who shall be appointed by the constable in writing. Each such
appointment shall be filed with the county clerk of the county, and shall be
revocable at any time by the constable, by a writing signed by the constable
and filed with the clerk; and, upon the filing, the term of the deputy or
deputies therein named shall cease. Every person appointed deputy shall, before
entering upon the duties of the office, take and file with the county clerk an
oath of office of like effect to that taken and filed by the constable. Each
deputy shall have authority and power to perform any duty or act that the
appointing constable has the authority and power to perform, and the constable
shall be responsible on the official bond of the constable for any act or
omission of any deputy. Each deputy shall receive monthly from the county such
salary as may be fixed by order of the county court or board of county
commissioners. The salary shall be payable in the same manner as the salaries
of county officers are paid, and shall be in full compensation for all official
duties and services performed and rendered by the deputy; and no other
compensation, commissions or fees whatever shall be allowed to, or received or
retained by the deputy. [Amended by 1965 c.624 §7]
51.520 [Repealed by 1953 c.306 §18]
51.530 [Amended by 1965 c.624 §8; repealed by 1973
c.393 §4]
51.540
Civil fees collected in advance; payment to county treasurer. The constable shall collect in advance in
civil cases for each service performed in the execution of official duties the
fees fixed by law to be charged for the same or a similar service by the
sheriff of the county wherein such constable has been selected. The constable
shall, not later than the 15th day of the month following the month in which
such fees are collected, pay them over to the county treasurer of the county
wherein the constable has been selected, for crediting to the general fund of
the county, and take the receipt of the treasurer for them. [Amended by 1965
c.624 §9]
51.550
Office; clerical assistance; books, office equipment and supplies. (1) The constable of a justice of the peace
district shall have office in and with that of the justice of the peace,
without charge.
(2) The county court or board of county
commissioners of the county wherein a constable has been selected shall provide
the constable with such office space and clerical assistance as shall be
necessary to enable the constable promptly and efficiently to perform the
duties of office, and also with such books, records, forms, papers, stationery,
postage and office equipment and supplies as may be necessary in the proper
transaction of the business of such office. [Amended by 1965 c.624 §10]
51.610 [Amended by 1965 c.134 §1; 1965 c.624 §11;
repealed by 1971 c.136 §3]
51.620 [Repealed by 1971 c.136 §3]
51.630 [Amended by 1959 c.621 §1; repealed by 1971
c.136 §3]
51.640 [Amended by 1965 c.613 §26; repealed by 1971
c.136 §3]
51.650 [Repealed by 1953 c.306 §18]
51.660 [Repealed by 1965 c.510 §24]
51.670 [Amended by 1965 c.510 §22; repealed by 1965
c.624 §12]
51.680 [Repealed by 1953 c.306 §18]
51.690 [Repealed by 1953 c.306 §18]
51.700 [1965 c.624 §2; repealed by 1971 c.136 §3]
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