bailiffs for the term as may be necessary, and said bailiffs shall be executive officers of the court. The legal fees of such clerk, crier, and bailiffs for attendance on the court shall be ascertained by the court, and directed to be paid by an order of the court. The amount of such fees so ascertained and ordered are payable out of the state treasury, and it is the duty of the proper officer, on the presentation of a certified copy of such order, to draw his warrant on such treasury therefor. [L. 1862; D. Cd. § 863; L. 1889, p. 139; H. C. § 877.] $ 886. Salary of Clerk- Deputies Allowed, and Salaries. The clerk of the supreme court of Oregon shall receive an annual salary of three thousand dollars, and shall be allowed one deputy at Salem, at a salary of seventy-five dollars per month, and one deputy to reside at Pendleton, at a salary of fifty dollars per month; both of such deputies to be appointed by him with the consent of the court. The salaries of the clerk and deputies to be paid quarterly in the same manner as the salaries of other state officers are paid. [L. 1899, p. 167, § 1.] § 887. Sums in Lieu of Fees Required From Parties in Supreme Court. The appellant in a civil case, upon filing his transcript in the supreme court, shall pay to the clerk thereof, in advance, the sum of fifteen dollars, which shall be in lieu of all fees heretofore required by law to be paid by him, except as trial fee; and the respondent in such case, upon entering his appearance in the appellate court or filing his first brief therein, shall pay to such clerk, in advance, the sum of ten dollars, in lieu of all fees heretofore required by law; and the party entitled to costs and disbursements on such appeal shall recover of and from his opponent the amount so paid. For making and certifying to a copy of any opinion, pleading, judgment, decree, paper, or record of his office for private parties and not in the cause of the regular court proceedings, the clerk shall charge and collect the sum of fifteen cents for each folio thereof, and all such sums so charged and collected, together with all other fees, sums, and moneys received or collected by said clerk by virtue of his office, shall be paid over to the state treasurer, as hereinafter required. [L. 1899, p. 168, § 2; L. 1901, p. 115, § 1.] The power to relieve from the fees provided for by this section not being granted, the supreme court has no power to relieve therefrom: Therkelsen v. Therkelsen,, 35 Or. 78, 57 Pac. 373. § 888. Charges Collected by Clerk to be Paid to State Treasurer. The fees and charges so required to be paid to and collected by the clerk shall be by him paid over to the state treasurer monthly, to be credited to the general fund, and the secretary of state shall not draw his warrant for the payment of the salary of such clerk until such officer shall first file in the secretary's office a verified, itemized statement of the fees so collected and paid over to the state treasurer. The salary provided for the clerk of the supreme court by the act of 1899 is in lieu of the per diem provided for in § 2338 of Hill's compilation, which section is expressly repealed by the act referred to. Sec [L. 1899, p. 168, § 3.] tion 875, Hill's compilation provides the method by which such per diem shall be ascertained and for а warrant on the treasurer thereof, and is omitted from this compilation. Section 873, Hill's compilation, provides that the duties and jurisdiction of the supreme court and the judges thereof shall be such as are provided by the constitution and laws. Such an act, of course, adds noth ing to the efficacy of the constitution and laws which confer jurisdiction on the court, and this section and § 874, which is included in § 877, are also omitted. § 889. Clerk Not to Practice in Supreme Court. The clerk of the supreme court is prohibited, during his continuance in office, from acting, or having a partner who acts, as an attorney in said court. [L. 1874, p. 47, § 3; H. C. § 876.] CHAPTER II. OF THE CIRCUIT COURTS. § 890. Circuit Court Organization, Etc. The circuit courts are created and organized, and their several jurisdictions limited and defined by the organic law of the state, article VII of the constitution. The terms of the court are either those appointed by law, or others appointed by the judge of the court. [L. 1862; D. Cd. § 864; H. C. $ 878.] Sections 879 (L. 1878, p. 32), 880 (L 1882, p. 63), 881, (L. 1885, special section, p. 19,) and 882 (L. 1885, p. 28,) of Hill's compilation, and the various acts creating new districts and providing for prosecuting attorneys and additional judges, confer such jurisdiction as is provided by the constitution and the laws. These provisions are super fluous, since it does not require a law to § 891. Apportionment of Business Between the Judges in the First District. The duties and judicial labors of the judges of the first district shall be divided and apportioned as they may agree between themselves: Provided however, that one of said judges shall reside east of the Cascade range of mountains and the other west of said range of mountains during their term of office. [L. 1891, p. 123, § 3.] $ 892. Additional Judge Required to Perform Judicial Duties in Other Districts. The duties and judicial labors of the judge provided for by section 2487, in addition to those already enumerated in section 891, shall be to hold such terms of court and perform such other judicial duties in any of the judicial districts of this state other than the first as may be required of him by the governor of this state: Provided, that when such duties are required of him in any judicial district of this state other than the first, the county judge of the county wherein such duties are required shall make an application to the governor stating the reason and the necessity of such duties, and the governor may in his discretion thereupon direct the said judge to go and perform the same. [L. 1891, p. 123, § 6.] § 893. Apportionment of Business Between the Judges in the Third District. The business of the circuit courts of the several counties in the third district shall be divided into two divisions, one of which shall be designated as department number one, and the other as department number two. All actions at law pending in any of said circuit courts at the time when a circuit judge shall first qualify under this act, or that may thereafter be pending, including all actions at law commenced therein, or that may be brought there by appeal, or otherwise, from any inferior court, officer, or tribunal, or any other court, shall be heard and determined in department number one, in the same manner, to the same extent, and with like effect as though this act had not passed, except as herein otherwise expressly provided. All suits in equity, and all applications to the equity side of the court so pending, as aforesaid, in any of said courts, or that may thereafter be commenced, or otherwise pending there, including appeals from the county courts in the nature of equitable proceedings, and all suits or proceedings in divorce, and for the dissolution of the marriage contract, and partition, shall be heard and determined in department number two, in the same manner, to the same extent, and with like effect as though this act had not passed, except as herein otherwise provided. All indictments so pending as aforesaid in any of the said courts, or that may thereafter be found or pending therein, and all criminal proceedings, and all business relating to criminal proceedings of every nature or description commenced or brought into said court, shall be transacted, heard, and determined in department number two, in the same manner, to the same extent and with like effect as though this act had not passed, except as herein otherwise provided. [L. 1893, p. 63, § 3.] The provisions of this section, providing for the division of business, are merely directory, and the judge of department number one may preside in a criminal pro ceeding, although the act provides that criminal proceedings shall be heard and determined in department number two: State v. Gardner, 33 Or. 150, 54 Pac. 809. § 894. Transfer of Business From One Department to the Other-Clerks to Arrange Files. It shall be the duty of the clerks of said circuit courts to arrange the papers and files of their respective offices so as to carry out the purpose of this act; and all business found in one department belonging to the other, according to the above classification, may be transferred, by order of the court, so as to be heard and determined in the proper department; but it shall be lawful to do any of the business of said courts in either department. [L. 1893, p. 64, § 4.] $895. Seniority of Judge, How Determined. The judge then longest in continuous service, or if at any time they shall then have been in continuous service the same length of time, the senior judge in age shall act in department number one, and the other judge in department number two, but either judge may act in either department; and said judges shall jointly and severally have power to make all needful rules and regulations not inconsistent with law to effectuate the objects of this act and facilitate the transaction of business. [L. 1893, p. 64, § 5.] § 896. Apportionment of Business and Procedure in Fourth District. The business of the circuit court of the fourth district may be apportioned among the several judges thereof, and for convenience one division thereof shall be designated as department number one; one division as department number two; one division as department number three; one division as department number four; and 1. The judges of the circuit court in the fourth judicial district of this state, or any two or more of them, may act in joint session for the trial or determination of any matter before the court, including the trial of jury cases. The judges, or a majority of them, shall provide by rule or otherwise who shall act as presiding judge at joint session. If the judges acting in joint session are equally divided in opinion, then the opinion of the presiding judge shall prevail, otherwise the decision of the majority shall be the decision of the court. Process may be tested in the name of either one of the judges; 2. The said judges, or a majority of them, may divide the business of the said court between the said judges, and may otherwise regulate said business by rules or otherwise, and each of said judges may separately try actions at law, suits in equity, criminal action, appeal, and all other cases and proceedings hereafter brought in said court during the same term or at the same time as may be ordered by said judges, or a majority of them; 3. All actions at law, suits in equity, criminal actions, appeals, special proceedings, and all cases hereafter brought in said court, shall be numbered in the regular and consecutive order of the filing thereof; 4. Actions at law, suits in equity, criminal actions, appeals, and all cases now pending in said circuit court, may be divided or assigned for hearing and trial as a majority of said judges may order, by rule or otherwise; 5. The judges of said court, or a majority of them, shall jointly have power to make all needful rules and regulations, not inconsistent with law, to render effectual the provisions of this section and facilitate the transaction of business. [Oregon Const. Art. XVIII, § 11; L. 1878, p. 31; L. 1885, p. 28; H. C. § 883; L. 1893, p. 49; L. 1901, p. 85.] $ 897. Business May be Transferred and Done in Either Department. All business found in one department belonging to the other, according to the above classification, may be transferred by order of the court, so as to be heard and determined in the proper department; but it shall be lawful to do any of the business of said court in either department. [L. 1885, p. 29, § 4; H. C. § 884.] $ 898. Duties of the Clerk. It shall be the duty of the clerk of said court to arrange the papers and files in his office, so as to carry out the purposes of this act. [L. 1885, p. 29, § 5; H. C. § 885.] $899. Judges May Make Rules. The judges of said court shall jointly and severally have power to make all needful rules and regulations, not inconsistent with law, to effectuate the object of this act and facilitate the transaction of business. [L. 1885, p. 29, § 6; H. C. § 886.] $ 900. Departments, What Judge to Act. The judge who shall be sitting as judge of department number one, as now constituted in said district, at the date when this act goes into effect, shall preside over department number one, as constituted by this act, until his successor is elected and qualified; and the judge who shall be sitting as judge in department number two, as now constituted at the date when this act goes into effect, shall preside over department number three, as constituted by this act, until his successor is elected and qualified. It shall be the duty of the governor, within twenty days after this act goes into effect, to appoint two circuit judges to fill the offices created by this act, both of whom shall not be members of the same political party; and in making such appointment he shall designate which judge shall preside over department number two and which shall preside over department number four, and such judges so appointed shall, within ten days thereafter, qualify in the same manner as other circuit judges, and thereupon such judges shall preside over their respective departments so designated until their successors are elected and qualified: Provided however, that any of the judges in said district may act in any one of said departments; and in case of the absence or disability of a judge in any department, it shall be the duty of the judges of the other departments, so far as practicable, to act in said department. The judges of said court shall jointly and severally have power to make all needful rules and regulations, not inconsistent with law, to effectuate the object of this act and facilitate the transaction of business. [L. 1885, p. 29, §7; H. C. § 887; L. 1893, p. 50, § 4.] $ 901. Term of Court Appointed by Judge. When a term of the court is appointed by a judge it shall be done by a general order to that effect, made and entered in the journal during term time, or by a special order, made and filed in vacation, for the trial of a particular cause or the transaction of certain business therein specified; a certified copy of which latter order shall be served on the parties to the cause or business specified ten days prior to such term. In the former case, at the court so appointed, any business may be transacted as if the same were a term appointed by law, but in the latter case only such as may be specified in the order. [L. 1862; D. Cd. § 865; H. C. § 891.] § 902. Appointment of Its Officers, and Mode of Payment. Each circuit court has the power to appoint a crier and such number of bailiffs as may be necessary for the term: Provided, that in counties where the circuit court is in session for ten months or more of each year the bailiffs may be appointed for the year at a monthly salary. The legal fees of such crier, bailiff, and other officers of the court for attendance thereon shall be |