Page images

2. They shall not exceed five hundred acres in extent, and shall include the courthouse and the office of the county clerk;

3. A description of their boundaries and extent shall be contained in the order establishing them;

4. The boundaries and limits shall be designated by visible and permanent objects. [L. 1862; D. Cd. § 973; H. C. § 1004.]

§ 1023. Alteration of Jail Liberties.

Subject to the restrictions and limitations prescribed in the last section, the county court may alter the jail liberties not oftener than once in two years. A certified copy of the order establishing or altering the jail liberties shall be immediately delivered by the county clerk to the sheriff, who shall post the same in some conspicuous place in the county jail. [L. 1862; D. Cd. § 974; H. C. § 1005.]

$1024. Admission of Prisoner to Jail Liberties.

A person in the custody of the sheriff, in a civil action, suit, or proceeding, by virtue of an order of arrest, or an execution, or upon a surrender in exoneration of bail, or upon a commitment for not paying money, may go at large within the jail liberties, with the consent of the sheriff. He must, however, be admitted to the jail liberties, upon giving security therefor, as provided in the next section. [L. 1862; D. Cd. § 975; H. C. § 1006.]

§ 1025. Undertaking for Jail Liberties.

The security for the jail liberties is taken by the sheriff, and shall be by written undertaking, executed by one or more sufficient sureties, to the effect that the prisoner will not go beyond the jail liberties until legally discharged, or that the sureties will pay to the person at whose suit the prisoner is in custody a sum mentioned in the undertaking, and which must be as follows:

1. If upon an order of arrest, or a surrender in exoneration of bail in a civil action, suit, or proceeding, before judgment or decree, the sum recovered therein, not exceeding that mentioned in the writ of arrest, with interest and the sheriff's fees;

2. If upon an execution in a civil action, suit, or proceeding, or a commitment for not paying money, a sum not exceeding that mentioned therein, with interest and the sheriff's fees. [L. 1862; D. Cd. § 976; H. C. § 1007.]

$ 1026. If Security Insufficient Prisoner to be Recommitted.

The sheriff is to determine the sufficiency of the sureties in the undertaking, and if at any time after the giving of the undertaking he discover that the sureties are insufficient, he may recommit the prisoner to jail until other sufficient surety be given. [L. 1862; D. Cd. § 977; H. C. § 1008.]

§ 1027. Surrender of Prisoner.

The sureties, at any time before the judgment against them upon their

undertaking, may surrender the prisoner, or he may surrender himself to the sheriff or jailor, in exoneration of his sureties from a future liability, but not from a liability incurred before the surrender. The sheriff or the jailor shall thereupon, on the written request of the sureties, receive the prisoner into custody, and shall indorse the surrender upon the undertaking, and if required, give the sureties a certificate thereof. [L. 1862; D. Cd. § 978; H. C. § 1009.]

§ 1028. Retaking Prisoner After Escape.

If a prisoner, allowed by the sheriff to go at large within the jail liberties, go beyond them, the sheriff in whose custody he is may pursue and retake him, as if he had escaped from jail. [L. 1862; D. Cd. § 979; H. C. § 1010.]

§ 1029. Action May be Maintained Against Sheriff or Sureties.

An action for the escape of a prisoner confined in a jail, or admitted to the jail liberties, for either of the causes mentioned in section 1024; may be maintained by the party entitled thereto, against either the sheriff or the sureties for the jail liberties; but the election to sue the sureties discharges the sheriff. [L. 1862; D. Cd. § 980; H. C. § 1011.]

§ 1030. Judgment Against Sheriff, When Evidence Against Sureties.

If the action mentioned in the last section be commenced against the sheriff, and he give written notice thereof to the prisoner or his sureties, a judgment in such action against the sheriff is conclusive evidence of his right to recover against the prisoner or his sureties, as to any matter which was or might have been controverted in the action against the sheriff; and such judgment is evidence of the damages sustained by the sheriff, whether the same has been collected of him or not; and he is also entitled to recover his costs and reasonable expenses in defending the action against him, as part of his damgaes. [L. 1862; D. Cd. § 981; H. C. § 1012.]

§ 1031. Sheriff who Connives at Escape Guilty of Misdemeanor.

A sheriff, jailor, or other officer, who demands or receives a reward or gratuity to aid or assist, or who connives at, the escape of a prisoner in his custody, for any of the causes mentioned in section 1024, is guilty of a misdemeanor. [L. 1862; D. Cd. § 982; H. C. § 1013.]



§ 1032. Notice of Qualification to Former Sheriff, and Effect Thereof.

When a new sheriff is elected or appointed, and has qualified, the county clerk shall give him a certificate of that fact, under his seal of office. When

ever thereafter the new sheriff is authorized by statute to enter upon the duties of the office, he shall serve such certificate upon the former sheriff, from which time his powers cease, except when otherwise specially provided. [L. 1862; D. Cd. § 983; H. C. § 1014.]

The powers of a sheriff cease when served with a certificate under this section, and the pendency of a contest does not affect this result: Warner v. Myers, 3 Or. 218. § 1033. Delivery of Jail, Process, and Prisoners to New Sheriff.

Within one day after the service of the certificate upon the former sheriff, he shall deliver to his successor

1. The jail of the county, with its appurtenances and the property of the county therein;

2. The prisoners then confined in the county jail;

3. The process or other papers in his custody, authorizing or relating to the confinement of the prisoners, or if they have been returned, a written memorandum of them and the time and place of their return;

4. All process for the arrest of a party, and all papers relating to the summoning of jurors which have not been fully executed;

5. All executions and final process, except those which he has executed, or has begun to execute, by the collection of money or a levy on property;

6. All process or other papers for the enforcement of a provisional remedy not fully executed. [L. 1862; D. Cd. § 984; H. C. § 1015.]

§ 1034. Assignment of the Same, and Where Filed.

He shall also at the time deliver to the new sheriff a written assignment of the property, process, papers, and prisoners delivered. The new sheriff shall thereupon acknowledge in writing, upon the assignment, the receipt of the property, process, papers, and prisoners therein specified, and furnish the former sheriff a certified copy thereof, and file the original in the county clerk's office. [L: 1862; D. Cd. § 985; H. C. § 1016.]

$ 1035. Executions and Return of Process by Former Sheriff.

The former sheriff shall return all process, whether before or after judgment or decree, which he has fully executed, and shall complete the execution of all final process which he has begun to execute: Provided, that in all cases where real property has been or may be sold under execution by any sheriff, and he shall fail or neglect during his term of office, by virtue of the expiration thereof, or otherwise, to make or execute a proper sheriff's deed conveying said property to the purchaser; or if through mistake in its execution, or otherwise, any sheriff's deed shall be inoperative, the sheriff in office at any time after such purchaser shall be entitled to a deed shall execute such conveyance, and such conveyance so executed shall have the same force and effect as if made by the sheriff who made the sale. [L. 1862; D. Cd. § 986; L. 1878, p. 99; H. C. § 1017; L. 1899, p. 71, § 1.]

See $250 for conveyance by sheriff.

A sheriff's deed may be executed by the sheriff who is in office at the time the deed is due after the time of redemption has expired: Moore v. Willamette Transp. Co. 7 Or. 359.

VOL. I.-30.



§ 1036.

Persons Committed Under Process from Courts of the United States to be Received and Kept by Sheriff - Compensation Therefor.

The sheriff shall receive and keep in the county jail every prisoner who is committed thereto under civil or criminal process issued by a court of the United States, until he be discharged according to the laws thereof, as if he had been committed under process issued by the authority of this state. He may also receive for his own use the sum payable by the United States for the use of the jail. [L. 1862; D. Cd. § 987; H. C. § 1018.]

§ 1037. Liability of Sheriff for United States Prisoners.

A sheriff or jailor to whose custody a prisoner is committed, as provided in the last section, is answerable for his safe-keeping in the courts of the United States, according to the laws thereof. [L. 1862; D. Cd. § 988; H. C. § 1019.]

§ 1038. Direction of Party, Unless in Writing, Does not Excuse Sheriff.

No direction or authority by a party or his attorney to a sheriff or his officer, in respect to the execution of process or the return thereof, or to any act or omission relating thereto, can be shown to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it be contained in a writing signed by the party to be charged or affected thereby or his attorney. [L. 1862; D. Cd. § 989; H. C. § 1020.]

§ 1039. Compensation of Sheriff for Service to State.

When a sheriff is legally required to perform a service on behalf of the state, which is not chargeable to his county or some other person, his account therefor must be audited by the secretary of state, and paid out of the state treasury. [L. 1862; D. Cd. § 990; H. C. § 1021.]

$ 1040.

Sheriff Justified by Process Regular on its Face.

A sheriff is jusified in the execution of process regular on its face, and appearing to have been issued by competent authority, whatever may be the defect in the proceedings in which it was issued. [L. 1862; D. Cd. § 991; H. C. § 1022.]

See note to § 1014, ante. In an action against a sheriff for a conversion, an answer which sets up an attempted justification by virtue of a seizure under a writ of attachment is defective and should be stricken out, unless it is alleged that the defendant under the attachment was the owner of the property taken, or had some interest therein. Failure to

strike out such portion of the answer, when the plaintiff's title is denied, and a general verdict is given in favor of the defendant, will not warrant a reversal, unless it affirmatively appears that such verdict was founded upon the attempted plea of justification: Krewson v. Purdom, 11 Or. 266, 3 Pac. 822.

§ 1041. In Executing Process, When Bound to Show It.

A sheriff executing process of any kind is then, and at all times subsequent, so long as he retains it, bound to show the same, with all papers attached, to any person legally interested therein. [L. 1862; D. Cd. § 992; H. C. § 1023.]

§ 1042. Not to Act as Attorney, nor have a Partner who Does.

A sheriff, or any sheriff's officer, is prohibited during his continuance in office from acting or having a partner who acts as an attorney. [L. 1862; D. Cd. § 993; H. C. § 1024.]

§ 1043. Papers Directed to Prisoners to be Delivered by Sheriff.

A sheriff or his officer upon whom a paper in a judicial proceeding, directed to a prisoner in his custody, is served, shall forthwith deliver it to the prisoner, with a note thereon of the time of its service. For a neglect to do so, the sheriff is liable to the prisoner for all damages occasioned thereby, and by a willful omission in this respect, the sheriff or his officer upon whom the paper is served is guilty of a misdemeanor. [L. 1862; D. Cd. § 995; H. C. § 1025.]

§ 1044. Sheriff May Appoint Jailor, for Whose Acts he is Responsible.

The sheriff may appoint a keeper of the county jail, to be denominated the jailor, for whose acts as such he is responsible. The appointment shall be in writing, and the sheriff shall file a certified copy thereof in the office of the county clerk. [L. 1862; D. Cd. § 995; H. C. § 1026.]

Though this section authorizes the appointment of a jailor, it does not provide for the payment of his services by the county, and the county is not liable therefore: Crossen v. Wasco County, 6 Or. 215.



$ 1045. Coroner, General Powers and Duties Of.

A coroner has power, and it is his duty,—

1. When he is informed that a person has been killed or dangerously wounded by another, or has suddenly died, under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by criminal means, or has committed suicide, to inquire, by the intervention of a jury, into the cause of the death or wound, and to perform the other duties incidental thereto, in the manner prescribed by statute;

2. To execute any process in any action, suit, or proceeding, when the sheriff is a party, as prescribed in this chapter;

3. To exercise the powers and perform the duties conferred and imposed upon him by other provisions of this code or other statute. [L. 1862; D. Cd. § 996; H. C. § 1027.]

« PreviousContinue »