cause pending therein, to all intents and purposes as if made by the circuit judge of the said district: Provided, that the question shall not have been presented to or passed upon by any other circuit judge in this state. [L. 1880, p. 48, § 2; H. C. § 926.] $ 945. Orders, how Enforced. All such orders may be enforced in the district where the same are pending by any of the circuit judges of this state. [L. 1880, p. 48, § 3; H. C. § 927.] 946. Nonjudicial Days - What Legal Business May be Done On. The courts of justice may be held, and judicial business transacted, on any day, except as provided in this section. No court can be opened nor can any judicial business be transacted on a Sunday, nor on the first day of January, nor on the twenty-second day of February, nor on the thirtieth day of May, nor on the fourth day of July, nor on the first Monday in September, nor on the twenty-fifth day of December, nor on a day on which an election is held throughout the state, nor on a day appointed by the president of the United States or by the governor of this state as a day of fasting, thanksgiving, or holiday, except for the following purposes :— 1. To give instructions to a jury then deliberating on their verdict; 2. To receive the verdict of a jury; 3. For the exercise of the powers of a magistrate in criminal actions, or proceedings of a criminal nature. Whenever any nonjudicial day created by this act, except Sundays, falls upon a Sunday, the next succeeding Monday shall be and be observed as such nonjudicial day. [L. 1862; D. Cd. § 899; L. 1880, p. 45; L. 1887, p. 86, § 2; H. C. § 928; L. 1893, p. 103, § 2.] The amendatory acts of 1893 (L. p. 103,) designates the section amended as § 899, that being its number in the Deady Code. See "Legal holidays," post, §§ 3918, 3919. The court is not authorized to discharge a jury on Sunday because of their failure to agree on a verdict; and such authority can not be obtained by consent of the parties in a criminal case. If the jury is discharged on Sunday in such a case for such a reason, it is a bar to any further pro ceedings: Ex parte Tice, 32 Or. 180, 49 Pac. 1038. Service of process upon a legal holiday is irregular, and may be pleaded in abatement, or set aside on motion, but a notice of contest of election is not technically "process," but is more in the nature of a mere notice informing the defendant that an action has been commenced against him and that he is required to answer it within a specified time: Whitney v. Blackburn, 17 r. 570, 21 Pac. 874, 11 Am. St. Rep. 857. § 947. If Court Appointed or Adjourned for Such Day to be Deemed for Next Judicial Day. If any of the days mentioned in the last section happen to be a day appointed for holding a court, or to which it is adjourned, it is deemed appointed for or adjourned to the next judicial day. [L. 1862; D. Cd. § 900; H. C. § 929.] § 948. Courts, where to be Held. Every court of justice shall sit at the place designated by law for that purpose, except as provided in the next two sections. [L. 1862; D. Cd. § 901; H. C. § 930.] During the regular term of the Circuit Court of the State of Oregon for Baker County, the district judge presiding and conducting a trial with the jury drawn from the regular panel, a jury was drawn by another judge from another judicial district, and the trial of this cause had in the same town, but in a place other than the courthouse. Defendant appeared, and without objecting to the jurisdiction of the court, asked for a continuance, which was granted; upon reappearance the defendant objected to the further proceeding. A jury was impaneled and trial had. Held, that there was no authority for holding more than one circuit court at the same time in the same county; that the judgment should be reversed, as it appears that the trial was not had at the place designated by law, and it does not appear that the place where it was had, had been properly selected or designated: Baisley v. Baisley, 15 Or. 183, 13 Pac. 888. $ 949. When Trial May be Elsewhere than at Courthouse. Upon the agreement of the parties to a civil action, suit, or proceeding, filed with the clerk or entered upon the journal, the court may direct that the trial of an issue of law or of fact, or any other proceeding therein, be had elsewhere within the county than at the courthouse. [L. 1862; D. Cd. $902; H. C. § 931.] $ 950. When and How Judge May Change Place of Holding Court. A judge authorized to hold or preside at a court may, by an order filed with the clerk thereof, and published as he may prescribe, direct that the court be held or continued at any other place in the county than that appointed, when war, pestilence, or other public calamity, or the danger thereof, may render it necessary; and may, in the same manner, revoke the order, and in his discretion appoint another place in the same county for holding the court. [L. 1862; D. Cd. § 903; H. C. § 932.] $ 951. When Court May Order Sheriff to Provide Accommodation for Court and Jury. If the proper authority neglects to provide any court with rooms, furniture, fuel, lights, and stationery, suitable and sufficient for the transaction of its business, and for the jury attending upon it, if there be one, the court may order the sheriff to do so, at the place within the county designated by law for holding such court; and the expense incurred by the sheriff in carrying such order into effect, when ascertained and ordered to be paid by the court, is a charge upon the county. [L. 1862; D. Cd. § 904; H. C. § 933.] $ 952. Persons Bound to Appear at Place Appointed by Judge. When a court is held at a place appointed as provided by section 950, every person held or required to appear at the court shall appear at the place so appointed. [L. 1862; D. Cd. § 905; H. C. § 934.] § 953. When Judge Does not Attend, how Court Adjourned. If no judge attend on the day appointed for holding a court, before four o'clock in the afternoon, the court shall stand adjourned until the next day at nine o'clock; and if no judge attend on that day, before four o'clock in the afternoon, it shall then stand adjourned for the term. [L. 1862; D. Cd. § 906; H. C. § 935.] $ 954. Proceeding not Affected by Failure of Term or Vacancy in Office. No proceeding in a court of justice, in any action, suit, or proceeding pending therein, is affected by a vacancy in the office of any or all of the judges, or by the failure of a term thereof. [L. 1862; D. Cd. § 907; H. C. § 936.] $ 955. Application to Court or Judge, How Addressed. An application or other proceeding addressed to a court shall be addressed to it by its style as given in this code; an application or other proceeding addressed to a judicial officer shall be addressed to him by his name, without any other title than his style of office. [L. 1862; D. Cd. § 908; H. C. § 937.] § 956. Proceedings to be in English. Every writing in any action, suit, or proceeding whatever, in a court of justice of this state, or before a judicial officer, shall be in the English language; but such abbreviations as are now commonly used in that language may be used, and numbers may be expressed by figures or numerals, in the customary manner. [L. 1862; D. Cd. § 909; H. C. § 938.] § 957. Power of Court or Judge to Adjourn Proceedings. A court or judicial officer has power to adjourn any proceeding before it or him, from time to time, as may be necessary, unless otherwise expressly provided by this code. [L. 1862; D. Cd. § 910; H. C. § 939.] § 958. Means to be Used by Court to Execute its Powers. When jurisdiction is, by the organic law of this state, or by this code or any other statute, conferred on a court or judicial officer, all the means to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceeding be not specifically pointed out by this code, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code. [L. 1862; D. Cd. § 911; H. C. $940.] All common-law remedies are preserved under our system of jurisprudence in some form or another. They are not in all cases specifically pointed out, nor do we have any mode for devising or framing writs, but under this section, where there is a right, the courts may adopt a suitable process or mode of proceeding: Aiken v. Aiken, 12 Or. 207, 6 Pac. 682. Where the right to enforce a remedy is not pointed out, the circuit court has jurisdiction thereof, and may adopt appropriate proceedings to carry out such remedy: Aiken v. Aiken, 12 Or. 207, 6 Pac. 682. This section authorizes the court to give judgment in garnishment proceedings for the value of the property to the amount of the judgment against the principal debtor, with costs of the proceeding, to be satisfied out of such property wherever found, or, in case it can not be found, or enough thereof to satisfy such judgment, that the balance due thereon be satisfied out of the property of the garnishee not exempt from execution: Carter v. Koshland, 13 Or. 615, 12 Pac. 58. Where the circuit court is invested with jurisdiction of a certain class of cases, but no provision is made for an appeal, proper proceedings most conformable to the spirit of the code may be adopted for such appeal proceedings, since the supreme court has jurisdiction to revise all final decisions of the circuit court, unless the right of appeal in such a proceeding is taken away by statute: Mitchell v. Powers, 16 Or. 487, 19 Pac. 647. The practice as to proceedings by which a mortgagor, or his grantor of the equity of redemption, shall contest the claims of such of his codefendants as set up liens against the mortgaged property, is not specifically pointed out by statute, and suitable proceedings may be adopted by the court: Ladd v. Mason, 10 Or. 315. The appellate court having jurisdiction of the subject-matter of an action is authorized to make an order requiring the appellant to advance the trial fee; and where appellant refuses to pay, although there is no remedy pointed out, the court, under this section, may dismiss the appeal and affirm the judgment of the court below: Bailey v. Frush, 5 Or. 140. The question as to whether this section authorizes the appointment of elisors in a case in which the sheriff and coroner are disqualified from drawing the jury is raised but not decided: State v. Savage, 36 Or. 200, 60 Pac. 610. TITLE XIII. OF PERSONS SPECIFICALLY INVESTED WITH POWERS OF A JUDICIAL NATURE. CHAPTER I. OF JURIES AND THE QUALIFICATIONS AND EXEMP- 959 V. OF COMMISSIONERS TO TAKE AFFIDAVITS, AND THE 989 CHAPTER I. OF JURIES, AND THE QUALIFICATIONS AND EXEMPTIONS § 959. Jury, Definition Of. OF JURORS. A jury is a body of men temporarily selected from the qualified inhabitants of a particular district, and invested with power,— 1. To present or indict a person for a public offense; or, 2. To try a question of fact. [L. 1862; D. Cd. § 912; H. C. § 941.] § 960. Different Kinds of Juries. A jury is of three kinds : 1. A grand jury; 2. A trial jury; 3. A jury of inquest. [L. 1862; D. Cd. § 913; H. C. § 942.] § 961. Grand Jury, Definition Of. A grand jury is a body of men, seven in number, drawn by lot from the jurors in attendance upon the court at the particular term, and sworn to inquire of public offenses committed or triable within the county. [L. 1862 ; D. Cd. § 914; H. C. § 943.] $ 962. Trial Jury, Definition Of. A trial jury is a body of men, twelve in number in the circuit court, and six in number in the county court and courts of justice of the peace, drawn by lot from the jurors in attendance upon the court at a particular term, and sworn to try and determine a question of fact; but in a justice's court the jury is drawn according to the mode specially provided for such court. [L. 1862; D. Cd. § 915; H. C. § 944.] § 963. Jury of Inquest, Definition Of. A jury of inquest is a body of men, six in number, summoned from the qualified inhabitants of a particular district, before the sheriff, coroner, or other ministerial officer, to inquire of particular facts. [L. 1862; D. Cd. § 916; H. C. § 945.] § 964. Other Juries Abolished Number of Jurors, Etc. All other juries than those herein described are abolished. A grand jury may present or indict a person with a concurrence of five of their number, and not otherwise. The verdict of a trial jury shall be unanimous, but the verdict of a jury of inquest is sufficient if two thirds of the jurors concur therein. [L. 1862; D. Cd. § 917; H. C. § 946.] § 965. Who are Competent to Act as Jurors. A person is not competent to act as a juror unless he be, 1. A citizen of the United States; 2. A male inhabitant of the county in which he is returned, and who has been an inhabitant thereof for the year next preceding the time he is drawn or called; 3. Over twenty-one years of age; 4. In the possession of his natural faculties and of sound mind. Nor is any person competent to act as a juror who has been convicted of any felony, or a misdemeanor involving moral turpitude. No person shall be summoned as a juror in any circuit court more than once in one year, and it shall be sufficient cause of challenge to any juror called to be sworn in any cause that he has been summoned and attended said court as a juror at any term of said court held within one year prior to the time of such challenge, or that he has been summoned from the bystanders or body of the county, and has served as a juror in any cause upon such summons within one year prior to the time of such challenge. [L. 1862; D. Cd. § 918; L. 1882, p. 61; H. C. § 947.] The provision of this section requiring that jurors who have served within a year may be challenged applies only to petty jurors, and has no application to grand jurors: State v. Brown, 28 Or. 151, 41 Pac. 1042; United States v. Clark, 46 Fed. 633. This section is constitutional within Art. VII, § 18, requiring grand jurors to be selected from the most competent of the per manent citizens of the county, since this section of the constitution does not prescribe the method of determining the most competent of the permanent citizens, nor grant the right to challenge the array or individual juror, and it was, therefore, proper for the legislature to provide the exclusive method of determining their qualifications: State v. Carlson, 39 Or. 19, 62 Pac. 1016. § 966. Who are Exempt From Jury Duty. A person is exempt from liability to act as a juror if he be,- |
