Page:Federal Reporter, 1st Series, Volume 8.djvu/221

BPEIGG -y. STOMP; 20T; �of this city in the light of these casea by the Supreme court of the United States, I cannot say there was a laok of powef in the cityto make this issue. �The finding of the court will, therefore, be the issues for the plaintif. > ' ���Spbigg V. Stump, (Circuit Court, D. Oregon. August 10, 1881.) �Adjudication op Inbanitt. �An order of a county court adjudging a person insane, under the asylutn act of September 27, 1862, (Or. Laws, 620,) is valid, and authorized the subsequent appointment of a guardianfor such person, as insane, although the apphcation for such order was not verifled, and such insane persOn was brought bef ore said court, upon the order thereof , by being taken into the custody of the sheriff, without cause being shown theref or upon oath or affirmation. �Wakhant. �The warrant prohibited by section 9 of, art. 1 of the constitution of Oregon from issuing, without cause being shown tiierefor on oath ot affirmation, is pro- cess for the arrest of a person on a criminal charge for the purpose of bring- ing him to trial or anewer therefor, and does not include an order of a county court requiring an alleged lunatic to be brought bef ore it for examination, for the purpose of being committed to an asylum ; and if such order and the arrest were invalid, as not being made on oath, that would not render the Subsequent inquisition of lunacy, commitment to the asylum, and appbiutment of a guard- ian invalid. �DrBECTOHT Statute. �Section 21 of the act of June 4, 1859, (Sesg. Laws, 12,) providing that the pro- ceedings of the county court in law cases, probate and county business, shall be kept and entered in separate books, is only direotory, and an order or judg- ment of said court entered in any of its book? of record is nevertheless valid ; and, quœre, does the inquisition of lunacy «illthorized by the asylum act of September 27, 1862, (Or. Laws, 620,) to bB had by audbefore the conntj judge on the "application of any citizen in writing," belong to either of these three classes of business, and may not the action of the judge therein be duly shown by orders reduced to writing and signed by him, and flled in the county clerk'a office? �Sale of Lands bt Guardian. �A county court has jurisdiction to license the sale of lands by a guardian appointed by itself , upon the presentation by such guardian of a verifled peti- tion therefor, stating the condition of the ward's est'ate and the ciroumstances tending to show the necesaity or expediency of such sale; and the petition is sufficient to give jurisdiction when the order granting the license is attacked collat.erally, if it appears therefrom, or by reasonable inference from the facts stated therein, that the ward had no income, and that it was necessary to sell his land to maintain him in the insane asylum as provided by law.; ' �JUDQMENT NUNC PKO TdMC. ; ,' : . . ' �When and under what circumstances it may be entercd. , , Motion for New Trial. ; + ;, . ��� �