$ 129.

Appeal from

for stay of pro

§ 2182. [132.] Either party may take an appeal from Oct. 21, 1864, a final judgment given in an action to recover the possession of a mining claim, and the restrictions and judgment. limitations upon the right of appeal in civil actions, elsewhere provided in this act, do not apply thereto. The undertaking for a stay of proceedings upon the Undertaking judgment, when the appeal is taken by the defendant, ceedings. must be in such an amount as may be deemed sufficient to compensate the plaintiff for the use or profits of the claim during the pendency of the appeal, and for costs and disbursements of the action. The amount of the undertaking must be determined by the justice, and he may hear evidence to enable him to make such determination.

18 Or. 337.

$ 130.

Action to be

§ 2183. [133.] Except as in this chapter otherwise Oct. 21, 1864, provided, an action to recover possession of a mining claim must be commenced and proceeded in to the final determination, and the judgment therein enforced, or appealed from or reviewed, as other civil actions in justices' courts.

governed by law regulating other civil ac

tions, except, etc.

CHAPTER XIV.

OF THE PUNISHMENT OF CONTEMPTS.

§ 2184. Title 4 of chapter 7 of the Code of Civil Procedure to apply to contempts in justices' courts.

§ 2185. Punishment for contempts, extent of.

131.

Title IV. of

§ 2184. [134.] Title IV. of chapter VII. of the Code of Oct. 21, 1864, Civil Procedure, defining contempts, and the proceeding for punishing a party guilty of a contempt, shall apply to justices' courts, except as in this chapter otherwise specially provided.

chapter VII. of Procedure, to

Code of Civil

apply to contempts.

132.

§ 2185. [135.] The punishment for a contempt in a oct. 21, 1864, justice's court shall be by fine or imprisonment, or both, Punishment but such fine shall in no case exceed twenty-five dollars, for contempt. nor the imprisonment ten days.

66

FORMS

IN CIVIL PROCEEDINGS IN JUSTICES' COURTS.

Summons, form of.

Writ of arrest, form of.

[Summons.]

JUSTICES' COURT FOR THE PRECINCT OF

State of Oregon, County of

A B

C

VS.

D.

Civil action to recover money (or a penalty, or personal
-as the case may be).
property,

To CD, the above-named defendant:

In the name of the state of Oregon, you are hereby required to appear before the undersigned, a justice of the peace for the precinct aforesaid, on the

o'clock in the

day of 18—, at -noon of said day, at the office of said justice, in said precinct, to answer the above-named plaintiff in a civil action.

The defendant will take notice that if he fail to answer the complaint herein the plaintiff will take judgment against him for dollars (or for such other relief as is demanded in the complaint, as the case may be). Given under my hand this day of, 18—.

E F, Justice of the Peace.

N. B. If the complaint is made orally, the justice must indorse on the summons the substance of the same: See § 22 of procedure in justices' courts.

To the sheriff of said county or any constable of such precinct,

GREETING:

In the name of the state of Oregon, you are hereby commanded to take the body of the above-named de

form of.

fendant, if he be found within the precinct aforesaid, Writ of arrest, and bring him forthwith before the undersigned, a justice of the peace for such precinct, at the office of such justice in such precinct, to answer the above-named plaintiff in a civil action; and you are further commanded to give due notice thereof to such plaintiff, his agent or attorney; and of this writ make legal service and due return to me.

In the name of the state of Oregon, you are hereby required to appear before the undersigned, a justice of the peace for the precinct aforesaid, at the office of such justice, in such precinct, on the day of 18-,

at o'clock, in the

noon of said day, to testify as a witness on behalf of the plaintiff (or defendant, as the case may be) in the above-entitled action.

Given under my hand, etc.

N. B. —If books, papers, or other things under the control of the witness are also desired, there should be added to the above, "and you are further required to bring with you" (naming or describing the books, papers, or other things desired with reasonably particularity).

[Jury Order.]

JUSTICES' COURT FOR THE PRECINCT OF

State of Oregon, county of

A- B

VS.

C- D.

Civil action to recover money (or as the case may be).

To the sheriff of such county or any constable of such precinct,

GREETING:

In the name of the state of Oregon, you are hereby commanded to summon six good and lawful men of the

Subpoena, form of.

Jury order, form of.

Jury order, form of.

precinct aforesaid, qualified to serve as jurors in the above-entitled action, to be and appear before the undersigned, a justice of the peace for such precinct, at the office of such justice, in such precinct, forthwith (or at a day or hour named, as the case may be), and of this order make legal service and due return to me.

Given under my hand, etc.

N. B. In case of a select jury, omit the words "six good and lawful men of the precinct aforesaid, qualified," and insert the names of the jurors selected.

Execution against prop erty, form of.

[Execution against Property.]

JUSTICES' COURT FOR THE PRECINCT OF

State of Oregon, county of

To the sheriff of such county or any constable of any precinct therein,

GREETING:

Whereas A B has obtained a judgment against C D for the sum of (here state the amount of the judgment and the disbursements only of the party recovering the same) before the undersigned, a justice of the peace for the precinct aforesaid, on the — day of 18-;

Therefore, in the name of the state of Oregon, you are hereby commanded, that of the personal property of the said C D, excepting such as the law exempts, you cause to be made, by levy and sale according to law, the amount of such judgment and disbursements and expenses that may accrue; and of this writ make legal service and due return to me within thirty days from the date hereof.

Given under my hand, etc.

N. B. — If the judgment was given by the predecessor in office of the justice who issues the execution, or if the judgment was given in another county and docketed with the justice who issues the same, the above should be varied as follows: "before E F, a predecessor in office of the undersigned, a justice, etc., as above"; or, 'before E F, a justice of the peace for the precinct of in the county of, on the day of —, 18, and a transcript thereof filed with the undersigned, a justice of the peace for the precinct first above mentioned, on the day of 18-."

[Execution against the Body.]

JUSTICES' COURT FOR THE PRECINCT OF

State of Oregon, county of·

To the sheriff of such county or any constable of any precinct

therein,

GREETING:

Whereas A B has obtained a judgment against C D for the sum of (here state the amount of the judgment and disbursements only of the party recovering the same) before the undersigned, a justice of the peace for the precinct aforesaid, on the 18-, and whereas it appears from an affidavit by the said A B, filed with me, that (here state the cause of issuing the execution as set forth in the affidavit on file);

day of

Therefore, in the name of the state of Oregon, you are hereby commanded to take the body of said C D to the jail of the county aforesaid, there to be safely kept in the custody of the jailer until the amount of said judgment and disbursements and expenses that have and may accrue shall be paid, or he be otherwise legally discharged; and of this writ make legal service and due return to me within thirty days from the date hereof. Given under my hand, etc.

N. B. If the cause of arrest appear from the record, as where it appears by the complaint that the cause of action is also a cause of arrest, the above should be varied as follows: "And whereas it appears from the record of the action wherein such judgment was given, that " (here state the cause of issuing the execution as it appears by the record). See section 278 [275, Code Civ. Proc.], ante.

[Execution for the Delivery of Property.] JUSTICES' COURT FOR THE PRECINCT OF

State of Oregon, county of.

To the sheriff of such county or any constable of any precinct therein,

GREETING:

Whereas A B has obtained judgment against C D for the possession of the following personal property, namely,

Execution against the body, form of.

Execution for delivery of personal property.