Provisional and Territorial Records Guide
Historical County Offices and Duties
Board of
Equalization
Under the provisional government, taxes were equalized
by the county courts, which served as ex officio boards of
equalization. These boards remained unchanged until
legislation passed in 1854 revised board membership to
include the county assessor, county auditor (clerk), and
county judge. The board received assessment rolls from the
assessor, reviewed them for omissions and errors, and
returned the corrected rolls to the assessor.
Circuit Court
The provisional government created the first circuit
court in 1845. All counties formed one circuit, which was
served by a single judge appointed by the legislative
assembly. Circuit court jurisdiction was original in all
civil suits, all actions for money involving more than 150
dollars, and all criminal cases. Circuit courts also had
appellate jurisdiction from justice courts.
Although circuit courts were dissolved in 1848 by the Act of Congress which established Oregon Territory, most continued to operate through the spring of 1849. The Oregon Constitution re established circuit courts in 1859. These courts assumed the duties held by US District Courts. Circuit courts were also granted the authority to naturalize residents. Appeals from the circuit courts are heard in the Oregon Supreme Court.
County Assessor
The office of county assessor was created in 1845. It
was the assessor's duty to determine the amount of real and
personal property owned by county residents; the value of
that property; and the amount of county, territorial, and
school taxes due. This information was placed on given rolls
and transmitted to the county sheriff for collection.
Assessors have also been members of the county boards of
equalization since 1854.
County Clerk
During the provisional and territorial governments,
county courts employed clerks for each of the courts of
record. The duty of these clerks was to maintain court
records. The office of county clerk was first established in
1846. County clerks served both the county and circuit
courts and acted as recorders of conveyances. In 1850,
county clerks were authorized to record all land claims
except donation land claims, which were recorded by the US
Surveyor General from 1850 to 1859.
From 1853 to 1859, county clerks were renamed "county auditors." While this term implies fiscal responsibilities, the duties of county auditors were identical with those of county clerks. The office of county clerk was reestablished by the Oregon Constitution.
County Coroner
The office of county coroner was created in 1847. County
coroners performed preliminary investigations of deaths by
violence or under suspicious circumstances. Coroners had the
authority to order inquests, autopsies, or both.
County Court
In 1843, the provisional legislative assembly vested the
judges of the provisional supreme court with probate
jurisdiction. In 1845, the legislative assembly created
district (later county) courts to handle probate matters and
to administer county business. When justice courts were
established in 1846, they were given the power to act as
probate courts and as boards of county commissioners.
The Act of Congress which established Oregon Territory in 1848 designated a three member county court as a supervisory board for each county. This court was given jurisdiction over juvenile cases and insane commitments and could appoint county election officials. In 1853, the probate duties of the county court were separated from the administration of county business with the election of a probate judge distinct from the three member board of county commissioners.
County
School Superintendent
Oregon Territory's first county school official, the
county school commissioner, was elected in 1850 to fulfill
requirements of the act which created the common school
system. The commissioner received school reports, recorded
them, and transmitted copies to the territorial school
superintendent. County school commissioners were abolished
in 1851 and their duties passed to the county court. In
1855, legislation created the office of county school
superintendent. The duties of this office were the same as
those of the earlier school commissioner.
County Sheriff
From 1843 until 1845, county law enforcement was
provided by territorial peace officers. In 1845, however,
the legislature created the office of county sheriff.
Sheriffs served as conservators of the peace and ministerial
officers of the court. Their law enforcement duties included
arresting suspects; executing judgments in criminal cases,
including the death sentence; taking custody of prisoners;
transferring prisoners to territorial and state
penitentiaries; serving civil processes; and executing civil
judgments. Sheriffs could appoint deputies, jailers, and
jail matrons.
County sheriffs also served as ex officio tax collectors. Tax collectors received assessment rolls from the assessor, collected current and delinquent taxes, and gave the revenue to the county treasurer.
County Surveyor
Until 1854, all surveying in Oregon was performed either
by the territorial surveyor or the US Surveyor General.
County surveyors were created in legislation passed in 1854
and again by the Oregon Constitution of 1859. The surveyor
surveyed land parcels upon request, apportioned fees for
surveys, approved plats of land lying outside the corporate
limits of towns and cities, and maintained records of
surveys performed.
County Treasurer
The provisional government created the office of county
treasurer in 1843. Treasurers received taxes collected by
county sheriffs; distributed revenue to schools, districts,
and county sub units; remitted tax revenues to the
territorial treasurer; and received and distributed license
fee revenues. County treasurers were also responsible for
maintaining accurate records of their financial
transactions.
District Attorney
From 1843 until 1853, the duties of district attorneys
were performed by the provisional and territorial
prosecuting attorneys. In 1853, the legislative assembly
established the office of district attorney in each judicial
district. District attorneys issued criminal indictments,
conducted prosecutions, served as legal counsel to all
county officers, and served as defense attorney on behalf of
individual counties.
Justice Court
Justices of the peace were first appointed at the
Mission Meetings in 1841 and were incorporated into county
governments when the provisional government was formed in
1843. Justice courts were given original jurisdiction in
civil cases which did not include land disputes or sums
exceeding 150 dollars. Justice court appeals were made to
the circuit courts and to the US District Courts. In 1851,
legislation allowed each county election precinct to elect a
justice of the peace. The Oregon Constitution did not
significantly alter the role of justice courts.
US District Court
The Act of Congress which established Oregon Territory
in 1848 replaced the existing county circuit courts with US
District Courts. The territory was divided into three
judicial districts and each of the three supreme court
justices was assigned to a district. US District Courts were
established in every county in each judicial district and
the presiding justice rotated through the courts under his
jurisdiction.
Territorial legislation passed in 1849 gave US District Courts original jurisdiction in all common law and chancery suits where the demand was greater than 100 dollars, in all felony cases, and in misdemeanors punishable by penitentiary sentence. US District Courts had appellate jurisdiction from justice courts, probate courts, and county courts. They were also empowered to issue any writs necessary to fulfill these responsibilities.
US District Courts were replaced in 1859 with county circuit courts under the provisions of the Oregon Constitution.
On to individual county histories