the sum of dollars, to him duly paid, hath sold, and by

these presents doth grant and convey to the said party of the second part, and his assigns, the following described goods, chattels, and property [describe them part icularly or refer to them in the schedule, to be annexed, signed by the mortgagor], now in my possession at the town of aforesaid, together with

the appurtenances, and all the estate, title, and interest of the said party of the first part therein. This transfer" is intended as a security for the payment of five hundred dollars, with interest, on or before the expiration of one year from the date hereof, and the additional sum of one hundred dollars, with interest, on the day of , 1800, whichpayments, if duly made, will

render this conveyance void. [Trie following clause may be added, if necessary:] And it is agreed that, until default by the party of the first part in the performance of the conditions aforesaid, it shall and may be lawful for him to keep possession of the property above mentioned and described, and to use and enjoy the same; but if the said party of the first part shall attempt to sell the same, or any part thereof, or to remove the same out of the county of without notice to the said

party of the second part, or his assigns, and without his or their assent to such sale or removal, to be expressed in writing, then it shall be lawful for the said party of the second part, or his assigns, to take immediate possession of the whole of said property to his or their own use.

In witness whereof, the said party of the first part hath hereunto set his hand and seal, the day and year first above written.

Signed, sealed, and delivered,) A. 13. [l. S.]

in presence of W. P. T. j

Affidavit to Chattel Mortgage in Oregon {to be made by Mortgagee, his'agent, or attorney, and annexed to the instrument or copy on file, within thirty days next preceding the expiration of the year).

State of Oregon, 1 , County of Multnomah, j

C. D., the mortgagee [or E. F., the assignee of C. D., the mortgagee, or G. H., the agent or attorney of C. D., the mortgagee] named in the annexed [or within] mortgage [or copy mortgage,] being duly sworn, says, that he is still the owner of said mortgage, and that there is due to him thereon the sum in said mortgage named, to wit, one hundred dollars, which sum constitutes the interest which deponent has in the property mentioned in said mortgage.

Sworn to before me, June 7, 1859. C. D.

M. N.j Justice of the Peace.

Notice of Sale on Chattel Mortgage for Oregon.

Mortgage Sale.

By virtue of a chattel mortgage executed by A. B. to C. D., dated the day of , 18 , and filed in the office of

the recorder of the county of , on the day of ,

in the year aforesaid, and upon which default has been made, I shall sell the property therein mentioned and described, viz. [mention the articles], at public auction, at the house of , in the city [or, town] of aforesaid, on the day of

instant [or, next], at ten o'clock in the forenoon of that day. Dated at , the day of , 18 .

C. D., Mortgagee,

[or, E. i., Assignee].




The county clerk is chosen by the electors of the county, to serve for two years, and enters upon the duties of his office on the first Monday of October subsequent to his election.1

He is required to keep his office at the county seat of the county, and take'eharge 'of, and safely keep, or dispose of, according to law, all books, papers and records, which may be filed or deposited in his office.'., ...

In San Francisco he is required to keep his office open for the transaction of business on all judicial days (Sunday, New Year's Day, the Fourth of July, Christmas and Thanksgiving Days, being non-judicial days), during the following hours: from March 20th to September 20th, from nine A. M. to five P. M., and the remainder of the year from ten A. M. to four P. M.'

In some counties the county clerk has the additional duties of other officers, as county auditor and county recorder, and in some counties he is clerk of the board of supervisors.

Beside being clerk of the county court, he is made by statute ex officio clerk of the District Court, the Probate Court, and the Court of Sessions of his county; and he is required, either in person or by depnty, to attend each term of either of said courts held in his county.4

He shall issue all writs and process required to be issued from any court of which he is clerk; he shall enter, under the directions of the court, all orders, judgments, and decrees proper to be entered; and shall keep in each of said courts a docket, in which

[ocr errors][merged small]

shall be entered the title of each cause, with the date of its commencement, a memorandum of every subsequent proceeding in said cause, with the date thereof, and a list of all the fees charged in the cause, and shall keep such other books of record as may be required by law or by the rules of the court.1

Each county clerk may appoint one or more deputies, who shall have the same power, in all respects, as their principal. The appointment shall be in writing, and signed by the county clerk, and shall be filed in the office of the recorder of the county; he may revoke the appointment of any deputy at will, by writing, filed in the same office. Each deputy, before entering on his duties, shall take the oath of office, which shall be endorsed on his appointment.'

The county clerk may take from each of his deputies a bond, with sureties for the faithful performance,of>his olutiqs; but the - clerk.and the sureties on .his official bond shall Tie liable'fal <#i the official acts of each deputy.'

All process issued by any dejna^ty^erk shall be issued in the name of the principal.1

No clerk or deputy clerk shall be^permitted to practise as an attorney or counsellor at law in any action or proceeding in any court whatever; for violating the provisions of this section he shall be deemed guilty of a misdemeanor.'

Authority is given to him as clerk to take and certify acknowledgments. He is also authorized to administer oaths and affirmations,4 and to certify the attestations of certain officers.

By various statutory enactments, other duties fall under the province of the county clerk. He receives the election returns of his county, estimates the vote, issues certificates of election, and makes report to the secretary of state.6 He is required to certify to the governor certain vacancies in office,' also, to notify the governor of applications made under the act concerning applications for pardon of criminal offences.' It is his duty to assist in the drawing of jurors,' to record the bonds of public

'Wood's Dig. art. 231. » Wood's Dip. art. 2144-2153.

» id. 27& • id 2875 and 2898.

• id. 2S4. 'id. 2902-2904.

* id. 1157 and 1175; See chapter on Aoknowl- * Sot chapters on Jurous, Officers, Cospora

EDOMENrs TliiNfi.

officers, that are required by law to be filed in his office,' to record certificates of incorporation of religious and benevolent associations,' to file with the county recorder for registry, a statement of any decree of divorce granted, or any letters testamentary, or of administration issued,' and to furnish certified copies of papers or records under his charge. The records of a justice of the peace of the county are deposited with him, when a vacancy in that office occurs,' and upon the filing of a transcript of judgment from a justices' court, he may be required to docket such judgment in the county court judgment docket, and issue execution thereon into any other county of the state/ He is also required to deliver the writ of habeas corpus to the sheriff, or other ministerial officer of the court, when the writ is directed to such officer,' and to furnish a bill of items of any fees charged by him when demanded.' He is entitled to charge fees, as regulated by law, except in a few instances, for all services required of him; nor cau he be compelled to perform any service, until the fees fixed by law for such service have been paid or tendered to him. For the collection of any fees due him for services rendered, he may have execution in his own name against the party for whom the services were performed.'

The following sections of the act in relation to proceedings in civil cases as amended,' contain the statutory provisions in regard to sealing and certifying records.

Sec. 449. A judicial record of this state or of the United States may be proved by the production of the original, or a copy thereof, certified by the clerk or other person having the legal custody thereof, under the seal of the court, to be a true copy of such record.

Sec. 450. The records and judicial proceedings of the courts of any other state of the United States may be proved or admitted in the courts of this state by the attestation cf the clerk and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief-justice or presiding magistrate, as the case may be, that the said attestation is in due form.

[ocr errors]
« ForrigeFortsett »