Feb. 17, 1885, $3. Feb. 17, 1885, $4. Division of circuit in fourth district. Feb. 17, 1885, $5. Same. Duties of clerk. Feb. 17, 1885, $6. Same. Judges may make rules. Feb. 17, 1885, $7. Same. this act had not passed, except as herein otherwise expressly provided. Laws of 1885, p. 28. See note to last section. § 884. 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. Laws of 1885, p. 28. See note to § 882. § 885. 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. Laws of 1885, p. 28. See note to § 882. § 886. 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. Laws of 1885, p. 28. See note to § 882. § 887. The senior judge in commission, or if other [their] commissions are of even date, the senior judge in Departments, age, shall act in department No. 1, and the other judge in department No. 2; but either judge may act in either department. what judge to act. Feb. 16, 1887, 1, p. 11. Additional district. Laws of 1885, p. 28. See note to § 882. § 888. In addition to the circuit judges now provided for by law, there shall be elected on the first Monday of judge for sixth June, 1888, and on the same day of June every six years thereafter, a circuit judge in and for the sixth judicial district of the state of Oregon, who shall possess the qualifications prescribed by law for circuit judges of this state, and whose term of office shall begin on the first Monday of July, 1888, and who shall hold office and discharge the duties thereof for six years from said day, and until his successor is elected and qualified. This act is entitled "An act to provide an additional judge for the sixth judicial district," and took effect from the date of its approval. $2. § 889. The duties, powers, and jurisdiction of said Feb 16, 1887, judge shall be such as are prescribed by the constitution. Same. and laws of this state, and his salary shall be the same as Duties and that of other circuit judges of this state, and payable in powers. the same manner. See the note to the preceding section. p. 12. Same. duties and judges of sixth § 890. The duties and judicial labors of the judges of Feb. 16, 1887, §3, said district shall be divided and apportioned as they may agree between themselves; provided, that each judge Division of of said district shall perform as nearly as possible one labors of half of the judicial duties of said district; provided fur- district. ther, that nothing in this act shall be construed to interfere with or abrogate any of the powers or duties vested in or required of Hon. Luther B. Ison, present circuit judge of said district, except as to division of labor, as herein provided. See the note to § 888. 865. Term of, by judge. § 891. [865.] When a term of the court is appointed Oct. 11, 1862, by a judge it shall be done by a general order to that effect, made and entered in the journal during term time, apppointed 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. of its officers, payment. § 892. [866.] Each circuit court has the power to Feb. 20, 1891, § L appoint a crier and such number of bailiffs as may be Appointment necessary for the term; provided, that in counties where and mode of the circuit court is in session for ten months or more of each year the bailiffs may be appointed for the year St. 1891, p. 181. at a monthly salary. The legal fees of such crier, bailiffs, and other officers of the court for attendance thereon shall be ascertained by the court and directed to be paid by an order thereof, and not otherwise. Upon the Feb. 20, 1891, Ø 1. presentation of a certified copy of such order to the proper officer of the county wherein such court is holden, it shall be the duty of such officer to draw his warrant on the treasurer of such county for the amount therein specified. § 897. In judicial proceedings by or against the county, the county is represented by the county court. § 898. Proceedings to be transferred to circuit court when county judge in $ 900. § 901. When business continued on account of equal division of the court § 902. When cause removed by appeal from county court, and when by review. § 903. Oct. 11, 1862, 867. County court, and jurisdiction of. Order of docketing and disposition of business. § 904. For what business court always open. § 905. Has such other jurisdiction or authority as may be expressly given. § 893. [867.] The county court is created by the organic law of the state, article VII. constitution, and its organization organization is provided for, and its jurisdiction limited and defined, by such organic law, and the provisions of this title. The court is held by the county judge, except when county business is being transacted therein, and then it is held by such judge and two commissioners designated by law, or a majority of such persons. Oct. 11, 1862, 868. Actions at law, § 894. [868.] The county court has jurisdiction, but not exclusive, of actions at law, and all proceedings jurisdiction of therein, and connected therewith, where the claim or subject of the controversy does not exceed the value of five hundred dollars, and exclusive jurisdiction of actions for forcible entry and detainer, without reference to the value of the property. 6 Or. 311. Jurisdiction of county courts. -County courts are courts of general and superior jurisdiction as to mat ters over which the statutes, under this section, have vested in them original and exclusive jurisdiction; and as to such matters the records of the county court is entitled to all the legal presumptions that belong to those of other courts of general and superior jurisdiction: Russell v. Lewis, 3 Or. 380; Tustin v. Gaunt, 4 Id. 305; Monastes v. Catlin, 6 Id. 119; Holmes v. O. & C. R. Co., 6 Saw. 262: Gager v. Henry, 6 Id. 237. But in the exercise of its jurisdiction over the subject of laying out and opening roads, and the conduct of county business generally, under § 896 [870], post, the county court is a court of special and limited Oct. 11, 1862, The county court has no jurisdic- Jurisdiction in probate matters: See the next section. § 869. § 895. [869.] The county court has the exclusive ju- Oct. 11, 1862, risdiction, in the first instance, pertaining to a court of probate; that is, 1. To take proof of wills; Probate matters, jurisdiction of. 5 Or. 505. 6 Or. 180. 2. To grant and revoke letters testamentary of admin- 6 Or. 190. istration and of guardianship; 11 Or. 30. 17 Or. 599. 19 Or. 183. 11 Or. 60. 3. To direct and control the conduct and settle the 20 Or. 77. accounts of executors, administrators, and guardians; 4. To direct the payment of debts and legacies, and the distribution of the estates of intestates; 5. To order the sale and disposal of the real and personal property of deceased persons; 6. To order the renting, sale, or other disposal of the real and personal property of minors; 7. To take the care and custody of the person and estate of a lunatic or habitual drunkard, and to appoint and remove guardians therefor; to direct and control the conduct of such guardians, and to settle their accounts; 8. To direct the admeasurement of dower. McDaniel, 12 Id. 108. The constitu- Oct. 11, 1862, 869. Oct. 11, 1862, $870. unless the contrary appears, the language of the constitution is to be construed in the sense in which it was understood in the country at the time the constitution was adopted. And probate jurisdiction, as understood in the territory at that time, included the power to decree specific performance by the administrator of contracts made by the deceased person for the conveyance of land. A statute, therefore, providing for the exercise of such power by the court of probate is not unconstitutional: Adams v. Lewis, 5 Saw. 229. The appointment of guardians for infants and insane persons is the exercise of jurisdiction pertaining to probate courts: Monastes v. Catlin, 6 Ör. 119. The county court having exclusive jurisdiction in the first instance to grant and revoke letters testamentary, the granting of administration out of the order provided in section 1053 of the code would be erroneous, but not a nullity. The persons entitled to precedence could only take advantage of the error by applying for the appointment within the time specified in said section; otherwise they waive their right: Ramp v. McDaniel, 12 Id. 108. Since the county court has jurisdiction over the distribution of personal property of deceased persons, if there be an antenuptial contract which affects such property, it should be proved before such court, and the rights of the parties thereunder determined by such court: Winkle v. Winkle, 8 İd. 193. County courts have no authority to determine what persons are entitled to realty, and to make partition of the real estate of decedent: Hanner v. Silver, 2 Id. 336. In Trutch v. Bunnell, 5 Id. 504, it is held that under subdivision 6, § 895 [S69] of the code, which confers upon county courts jurisdiction "to order the renting, sale, or other disposal of the real and personal property of minors," the county court is authorized to order the mortgaging of a minor's real estate; but in the same case, on another hearing, in 11 Id. 58, the contrary is held. Where a suit was begun by petition in a county court to contest the validity of a will, and to revoke letters testamentary, and the petition was demurred to on the ground that the court had no jurisdiction, held, that the demurrer was properly overruled: Clark v. Ellis, 9 Or. 128. The proceedings and judgments of county courts in probate matters import absolute verity, and whenever they come in question collaterally cannot be impeached by evidence aliunde the record; but may be impeached by evidence appearing upon the face of the record showing a want of jurisdiction in the court: Tustin v. Gaunt, 4 Or. 305; Holmes v. Oregon & Cal. R. R. Co., 6 Saw. 262; Hubbard v. Hubbard, 7 Or. 42. And when an order of the county court for sale of real and personal property of deceased persons appears to have been regularly made, reciting all the jurisdictional facts necessary to authorize the order, no presumption will be indulged against the recitals, and extrinsic evidence of their truth is not necessary, but the burden of showing that the court has not acquired jurisdiction is on the party who disputes the truth of the recital: Russell v. Lewis, 3 Id. 380. Before a will can be admitted as evidence, it must be admitted to probate by the county court: Jones v. Dove, 6 Or. 188. And so a deed cannot be admitted in evidence to establish title under a will until such will has been admitted to probate in the county court: Willamette Co. v. Gordon, 6 Id. 175. It is the duty of the county court of each county in which there shall be an organized volunteer company, upon application to the commanding officer thereof, to provide an armory and armorer, and to audit, allow, and cause to be paid the necessary expense of the same to an amount not exceeding fifty dollars per month; and if the county court shall refuse so to do, its proceedings may be reviewed, by writ of review, as provided for in the code: Mountain v. Multnomah, 8 Or. 470. $ 896. [870.] The county court has the authority and powers pertaining to county commissioners, to transact ness, authority county business; that is, County busi and power to transact. 1. To provide for the erection and repairing of court |