129 P. 768 | Or. | 1913
Opinion by
“It shall be the duty of the sheriff at least twelve days before any election hereunder to post said notices in public places in the vicinity of the polling place or places. Thereupon the clerk and sheriff shall each briefly enter, of record their compliance with the provisions of this section, and such record shall be prima facie evidence that all the provisions of this section have been complied with.” Section 4926, L. O. L.
It is evident that it was not the intent that the old and cumbrous method employed in proof of posting highway notices should be employed. The sheriff is required to “briefly” record his compliance with the provisions of the section. The act presupposes that the sheriff has intelligence enough and a sufficient knowledge of his county to know a public place when he sees it, and that his common honesty will require him to post his notices at such places, and that, this being an official duty, he
Other errors are specified, but we do not deem them important, nor do we find any error in any ruling of the court during the trial.
The judgment is affirmed. Affirmed.