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FORMS OF PROCEEDINGS IN CRIMINAL CASE8.

Form of Warrant.

State of Oregon, \ , .

County of es:
To the Sheriff, or any constable of said county:

Whereas, A. B. has this day complained in writing, under oath, to the undersigned, one of the justices of the peace in and for said county, that on the day of , 18 , at 7 in said county: %. insert the substance of the complaint, whatever it may be..] Therefore, in the name of the o of the state of Oregon, you are commanded forthwith to apprehend the said o D. and bring him before me to be dealt with according to aW.

Given under my hand, this day of , 18 .

J. P., Justice of the Peace.

Form of an Erecution.

State of Oregon,

County of 5
To the Sheriff, or any constable of said county;

Whereas, at a justice's court held at my office in said county, for the trial of C. D., for the offence hereinafter stated, the said C. D. was convicted of having, on the day of • 18 , in said county, committed [here state the offence], and upon conviction, the said court did adjudge and determine that the said C. D. should pay a fine of dollars, and dollars costs; and whereas the said fine and costs have not been paid: These are, therefore, in the name of the people of the state of Oregon, to command you to levy on the goods and chattels, &c. [as in eaecution in civil cases.]

Form of Certificate of Conviction.

State of Oregon, \ ...

County of g of st At a justice's court held at my office in said county, before me, one of the justices of the peace in and for said county, for the trial of C. D. for the offence hereinafter stated, the said C. D. was convicted of having, on the day of , 18 , at , in said county of [here insert the offence], and upon conviction the said court did adjudge and determine that the said C. D. should pay a fine of dollars [or, be imprisoned, as the case may }} and the said fine has been paid to me.

Given under my hand, this day of , 18 .
J. P., Justice of the Peace.

Form of Commitment upon Sentence.

State of Oregon,

County of y To any constable, and the keeper of the common jail of said

county:

Whereas, at a justice's court, held at my office in said county, for the trial of C. D. for the offence hereinafter stated, the said C. D. was convicted of having, on the day of 18 , in said county, committed [here state the offence], and upon con: viction, the said court did adjudge and determine that the said C. D. should be imprisoned in the common county jail of said county for days: Therefore you, the said .. are COmmanded, in the name of the people of the state of Oregon, forthwith to convey and deliver the said C. D. to the said keeper; and you, the said keeper, are hereby commanded to receive the said C. D. into your custody in the said jail, and him there safely keep until the expiration of said days, or until he shall thence be discharged by due course of law.

Given under my hand, this day of , 18 .

y P., Justice of the Peace.

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Form of Warrant to keep the Peace.

State of Oregon, l is.

County of of es:
To the sheriff, or any constable of said county:

Whereas, A. B. has this day complained in writing, under oath, to the undersigned, one of the justices of the peace in and for said county, that he has just cause to fear, and does fear that C. D., late of said county, will [here state the threatened injury or violence, as sworn to]: Therefore, in the name of the people of the state of Oregon, you are commanded to apprehend the said C. D. and bring him forthwith before me, to show cause why he should not give surety to keep the peace, and be of good behavior toward all the people of this state, and the said A. B. especially, and further to be dealt with according to law.

Given under my hand, this day of , 18 .

J. P., Justice of the Peace.

Form of Commitment to answer in the District Court.

State of Oregon, U... County of y | SS : To any constable, and to the keeper of the common jail of said county: Whereas, on the day of 18, , A. B. made complaint in writing, and on oath, before the undersigned, one of the justices of the * in and for said county, charging C. D. with having, on the day of , 18 , committed the crime of larceny [or other crime, as the case may be], and the said C. D. having been brought before and examined by me, and it being sufficiently roved to me that the said C. D. as, in said county, committed the crime of larceny [or other crime], by stealing one bay horse, of the value of dollars, of the goods and chattels of the said A. B. ; and he, the said C. D., having failed to give bail for his appearance to answer at the next term of the District Court, in the sum of dollars, as required by me: Therefore, in the name of the people of the state of Oregon, you; the said constable, are commanded forth with to convey and deliver the said C. D. to the said keeper; and you, the said keeper, are hereby commanded to receive the said C. D. into your custody, in the said jail, and him there safely keep, until he be discharged by due course of law. Given under my hand, this day of , 18 . . P. Justice of the Peace.

Form of Search Warrant.

State of Oregon, ) is:

County of , s “’
To the sheriff, or any constable of said county:

Whereas, A. B., has this day made complaint on oath, to the undersigned, one of the justices of the peace in and for said county, that the following goods and chattels, to wit: [here describe them, the property of the said A. B. have within days past [or, were on the day of l, by some person or persons unknown, been, taken and carried away out of the possession of said A. B. in the county aforesaid; and also that the said A. B. verily believes that the said goods or a part thereof are concealed in, or about the house of C. D., in said county [describing the premises to be searched:] Therefore, in the name of the people of the state of Oregon, you are commanded that, with o necessary and proper assistance, you enter the said house [describe the premises to be searched], and there diligently Bearch for the said goods and chattels, and if the same, or any part thereof be found on such search, bring the same, also the i. C. D., forthwith before me, to be disposed of according to

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Given under my hand this day of A. D. 18 J. P. Justice of the Peace.

Form of Commitment when Justice, on the Trial, shall find that he has no Jurisdiction of the Case.

State of Oregon, SS:

County of , “ To any constable, and to the keeper of the common jail of said

county :

". C. D., of &c., has been brought this day before the undersigned, one of the justices of the peace in and for said county, charged, on the oath of A. B., with having, on the day of . , 18 , in said county, committed the offence of [here state the qffence charged in the warrant], and in the pro

ess of the trial of said charge, it appearing to the said justice that the said C. D. has been guilty of the offence of [here state the new offence found on the trial, committed at the time and place aforesaid, of which offence the justice has not final jurisdiction]; and whereas the said C. D. has failed to give bail in the sum of dollars, for his appearance to answer at the next term of the District Court, as required by me: Therefore, in the name of the people of the state of Oregon, &c., [as in the last

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THE term landlord is applied to one who furnishes the use and occupation of lands or tenements to another, who is called the tenant, for a compensation or return, which is termed rent. The right and condition or estate of the tenant, is called a tenancy. The respective relations of the parties are determined by the contract between them, which is named a lease or demise. When such contract is expressed in writing, the written instrument is itself called a lease, and the parties described therein, are respectively denominated lessor and lessee. The period of time mentioned in the lease, for which the tenant or lessee is to have the use of the property is called the term. If the term be for one year or less from the time of making the contract, a verbal lease or agreement to let, will be sufficient to bind the parties; but if the term be fixed for any longer period than one year, the lease must be expressed in writing duly executed under seal." If there be any agreement to make a lease at a future time, or if there be a lease made to commence at a future day, and such lease is for such a period of time that it will not expire within one year from the time of the contract, it must be in writing.” Tenancies are for life, for years, at will, and at sufferance. A transfer of lands or tenements, for the use of the tenant during his life, or the life of any other person, is a tenancy for life. The ordinary tenancy which is held under the usual lease or agreement to let, is called a tenancy for years; which may be for

* Wood's Dig, art. 394, 896,400. * Statutes of Oregon, p. 526, §§ 6, 8.

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