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About Oregon spectator. (Oregon City, O.T. [i.e. Or.]) 1846-1855 | View Entire Issue (Jan. 7, 1847)
AN ACT for the StUMWiaieat of a Pilotage on
me uar or we ismihrdm kitst, ana rmn Uienoo to
to the limit of navigation the Colombia mJ WU
lamotta Hirer, Oregon Territory.
$ 1. Zfe fl enacted fry the House of Rep.
rcscntalives of Oregon Territory, That tho
Governor, with tho advloo and consent of
four commissioners, to bo by him selected
und appointed, may cxamino candidates for
tho pilotage, arid appoint ono or more auita
bio iMsraon to bo pilot on tho bar of tho Co
liimbia rivor, and to tho houd of navigation
on that and tho Willamotto rivcra, giving
each of tho said pilots a branch or warrant,
for tho execution of hia office, with amhority
to appoint deputies in tho nasAx. in im mwat.
fied in auch branch or warrant ; provided
iach pilot ahall report hia, said deputies for
tho approbation of tho Governor.
! 2. Evorynuch pilot and deputy, ahall,
ore entering upon hi office, give Iwnd
with auffioient surety, to tho Governor crtho
Territory, in the sum of two thousand dol
lar, forrthe faithful performance of tho du.
tiea of hia office.
$ 3. Erory auch branch pilot, is author
ized and directed, by himsolf or hia deputy,
to take chargoof any veaaela bound into the
Columbia river, except vessels of less than
ono hundred tona burthen, engaged in the
coasting trade, tho aaid pilot tint allowing
hia branch or warrant to tho master of any
auch vessel, if required ; tho autliority to take
charge having effect only from outside or on
tho bar, to Bakor'a Day.
4. Tho pilot or pilot appointed, ahall
always keep one decked boat in good repair,
and one or more suitable row boats, a may
5. The Governor, with tho advice of
tho commissioners, is authorized to determine
the fee of pilotage of tho pilot pilot by
him appointed, and to pocify the sumc in
their respective warrants.
0. If any vessel, while under tho
charge of a branch or warrant pilot, or hia
deputy, ahull be lost or run aground, or sus
tain any damage, through the negligence, or
utiskillfulncss of auch pilot or deputy, such
pilot ahall be liable, both for himself and his
deputy, to pay all damage sustained by any
person interested in auch vessel or her cur
go, mid may moreover be removed from his
7. Any maator of a vesaol, other than
such oa aro excepted in tho third section
of this act, who may chooae to pilot his
own vessel from outsido tho Columbia bar to
Maker's Bay, across said bar, ahall be permit
ted to do so, but he ahull no vithstanding,
when bound into tho river, pay -to such pilot
as shall firat come on board hia vessel, out.
aide of the bar, one half the pilotage, ac
cording to tho fees specified in his warrant ;
but in case no pilot shall come on board his
vessel outside or on tho bar, ho ahull bo ex
empt frorn paying any fees for pilotage
8. It ahall bo optional with ahip mas.
tors, to take pilots when outward bound, and
no payment shall bo demanded, unless a pi.
lot shall have been employed.
y 0. Tho Governor and commissioners
aro authorized to hear and dotermino all
complaints exhibited against the pilots up
pointed by him, aa aforesaid, and their depu
ties, and to suspend, or remove thorn, and
appoint others in their place.
6 10. Should any ship master omit, or
refuse to pay tho pilotago foes in any Instance
where, by this law he has become liable,
theh hia consignees shall becomo liable for
tho aamo. '
11. The pilot who shall board and
bring a vessel into port, shall have tho pre
ference to tako Haiti vessel out to sea upon
her departuro, provided tho master of said
vossol cannot prove misconduct or inoompo.
tency on his part.
12. That all penalties, forfeitures, and
complaints incurred under this act, ahall be
tried and determined in any court of record
having cognizance of tho aamo.
v 13. It Bhall be tho duty of the Secre
tary to publish a oopy of thia act in the Ore.
gon Spectator as soon aa praotioable.
14. Thia Act to tako effect, and be in
force from and after its passage.
Attest, A. L. Lovbjoy, Speaker.
N. Hubkx, Clerk.
Approved, Oregon City, 19th Deo. 1840.
v i "., 1'
M Westward the Ste? of Empire talus lie way."
Vol. I. Oregon City, (Ortfon Tor,) Ttaniay, Jajtwuy 7, 1S47.
AN ACT to prevent Desertion, and for tho recere
ry ot deserting or abacondlnf Beatnen.
1 . Be it enacted by the House of Repre
sentative of Oregon Territory, That when it
ahall bo made to appear to any Justice of tho
j'caoo, hy the amdavit ot any person, that
any person has deaorted or absconded from
tho service of any master or captain of a
vessel claiming tho services of such desert
ing or absconding person, upon contract or
agreement made and entered into, either in
thii or a foreign country, tho aaid Justice
of tho I'eacu ahallUamediately iaauo his war
rant for tho apprehension of such deserting
or abcorling ponton, and cause tho accused
to he brought before him, or somo other Jus
ticoof tho Pence of the county in which the
original writ issued.'
2. The officer having the warrant,
or any other person who may bo duly
authorized to servo strid warrant, may arrest
said accused deserting or absconding person
in any county in this Territory, and bring
him forthwith before tho Justice of tho
Peace who issued the warrant, or .some other
Justice of the Peace of the Jtume county.
3. Upon the trial of the cuuc, if it shall
appear that the master or captain of said
vessel is entitled to the further services of
suid deserting or ubseouding person, it shall
be trc duty of tho Justice of the Peace, or
the court trying the same, to cause said do
sorting or absconding person to be delivered
up to tho master or captain of said vessel,
and all costs shall bo adjudged against said
deserting or absconding person, and a ccrtifi
cate of the samo shall be delivered to the
said master 6 captain, who shall thereupon
pay the samo.
4. Any person who shall entice a sea
man to leave his ship, or who shall knowing
ly harbor, secrete, employ, or in anywise as
sist a deserting or absconding seaman, shall,
upon conviction thereof, bo fined any sum
not exceeding fivo hundred, nor less than
vcnty.five dollars for eaoh ofieucc ; and all
fines collected, yidor tho provisions of this
Act, shall bo paid into tho county treasury,
and bo recovered cither by indictment or ac
tion of debt, in tho name of tho county.
5. That every ship master or captain,
on the desertion of any of his crew, shall bo
bound in the penal sum of fifty dollars, to
give immediate information of the same to
tho proper authority.
0. That if tho mate or first officer un
der the captain or master, and a majority of
the crow of any voasel or shin lying in any
port of Oregon Territory, shall discover that
said ship or vessel is too leaky, or othorwiae
unfit in her crow, body, tackle, apparel, fur
niture, provisions, or stores, to proceed to
sea, and shall require such unfitness to be
inquired into, the mastoror captain shall, up
on the request of tho mate, or other officer)
and such majority, forthwith apply to tho
presiding Judgo of tho county court, either
in term timo or vacation, and thereupon,
said Judge is horeby authorized and requir
ed to issue his precept, directed to three per
sons, the most skillful in maritime affairs
that can bo procured, requiring them to re
pair on board suoh vessel or ahfpjand to ex
amine tho samo m respect to the defects or
insufficiencies complained of, and to make
report to tho aaid Judgo in writing undor
their hands, or tho hands of two of them,
whether in any, or in what respect, tho said
ship or vessel is unfit to proceed to sea, and
what addition of men, provisions or stores,
or what repairs or alterations in the body,
tackle, or apparel will.he necessary, and up
on auoh report the aaid Judge shall ad
judge and determine and endorao on the aaid
report hia judgment, whether the said ship or
veaael Is fit to proceed to sea or not, and the
master or captain, and crew, shall in all
things conform to tmrsaid judgment. If the
complaint ob tho mate and majority of said
orew, ahall upon said report and judgment,
be deemed 'just and, well founded, the maa-
tor or captain of said ahip 'or vessel shall
pay all costs of auch view report, and judg
ment, and bo taxed and'.Unw, . f.7.
copy thereof, certified by saM Judae, but if
... wiimmt u. uiu hiu crew anau appear
upon the said report and judgment to have
been without foundation, then the 'said mas
ter, or cantain. or tht nwnmr n nfisjLce
auch ship or vessel, shall 'dedubiijieost
no rcasonauie damage tonne detention
( to be ascertained bv aaid Jnriaift ' f ik.
wages coming due to the sail o(n$ lalnlrig
iiibiu biiu nusinen or manners.
i 6 7. It shall bo the duty of the Territo
rial Secretarv to oiuh nnnv nr:tM.'ri,
to be publish! in the Oregon Spectator; 'and
me oannwicn laiana papers, as soon as prac
ticable. $ 8. This act to tako effect and be in
force from and after its passage.
Attest, A. L. Lovejot, Speaker.
N. HtBBB, Clerk.
Appboved, Oregon City, 19th Dec. 1846.
AN ACT to be entitled aa Act to eetablkh Cir
cuit Courts and preacribo their powers and jurisdic
tion. 1. Be it enacted by the House of Rep.
resentatices of Oregon Territory, That the
several counties in Oregon Territory ahall
form one Circuit, and there shall be elected
by tho House of Representatives, one Cir
cuit Judge, who shall be commissioned by
the Governor, and shall take and subscribe
the oath required by law, and hold his office
for tho term of two years, and receive as a
full compensation for his salary,- per annum,
tho sum of five hundred dollars, to be paid
out of tho Territorial treasury, quarterly,
and-cach court held in tho respective coun
ties, shall be called and styled
hU be Clerfc
ble to said
Circuit Court," according to the name of the
county in which it may be holden.
2. Such Circuit Court, In the respec
tive counties, shall havo original jurisdiction
of all civil suits, plaints, pleas and matters,
real, personal, and mixed, and between
party and party, which shall bo legally
brought before them; and of all" actions for
tho recovery of money or other valuable
things, where tho amount shall exceed ono
hundred and fifty dollars, and shall 'havo
criminal jurisdiction of all criminal oases in
the respective counties, to hear, try, and dc
tcrmino upon all indietmeaU in the. counties
where they may be found ; to have exeroiso
and control over all matters of law and equi
ty, that is now legally given to County-Courts.
3. The terms of the Circuit Court in
each county in this Territory shall com
mence as follows :
In Polk County, on tho first Monday of
March, and September.'
In the County of Champoeg, on the sec
ond Monday of March, and September.
In Yamhill County, on the third Monday
of March, and September.
In the County of Tuality, on the' fourth
Monday of March, and September. a '
In the County of Clackiunaa, on the first
Mbnday of April, and .October. -
In the, County of Vancouver, on the sec
ond Monday of April, and October. i
In the County of Clatsop, on the third
Monday of April, and October, ,
In the County of Lewi, on the firat Man
dav of May, and November.
$ 4. That all. suiuvplaiata, pleas, and
matters now pending ,in. the present estab
lished County Court,rbJab does, not relate
to county business,'' and all writs fcueout
of the County Coujrt, shall (be transferred,
and bo made returnable to the CirouitCourt,
and the said Court shall hear, try,' and de
termine aaid causes, the same as ifjheyha4
been oriiiriallv.broUBh't or issued bv said
Circult'Court, and all jaws and! parts of law,
now 'in foroo. or hereafter to' become in ferae.
applicable or.ooncernlhg County "CouHi, aa
liwn uigui(.vu, npui m oavujtmvu v yvw
Cemly Com ahall be
iNjfd of the Circuit
ef the Comity Court.
of the Circuit Court, a is
it the next term thereof.
nsrc m nturoeUepen the first, day. of tho
rocceedtagtcrm of the Circuit Court of their
respective Counties, as by this Act establish
ed, the sarrw am (f, they had been issued re
turnable therein, n ' ,.
5. This. Aettei take effect, aad be In
force from and after' Hs passage)
Attest, A. L. LovEJOT,
Arr6vBB, Oregon CHy,' 10th Dec. 1840.
. ,i, .GEO. ABERNETHY.
AH ACT to fix hW aaJarjraf Case Jam sal ftr
f .. BeUjHjkk h the House of Rep.
reseniatheiuof Oregon, Ttrriltn, That from
and after the passage of this Act, the Circuit
frfo. ill"eVfPMlwy of eight hun
dred dollars pet; annum, to be paid out of
tho .Territorial Treasury, quarterly; all
laws and, pahs of laws contrary te the fore.
going Act, be and the "samo, are hereby re
2. That fn all suits, plaints, pleas, and
other 'matters pending in the Circuit Court
when the said Circuit Judge shall be inter
eated, either by having been employed, or in
any manner interested personally, it shall be
the duty of tho Governor to appoint some
person skilled in the law, who shall not be
interested in said auit, plaint, plea, or mat
ter, and the percon so appointed as said Cir
cuit Judge, shall hear, try, and detenauae
said euit .njaint, plea, or matter, at seaoe of
tbdrregular terms of said .Court to be apfjoiat
ed at least one term previously t the .trying
the same, and the said Judge so appointed,
shall receive the same pay in proportion
to the Circuit Judge, if he, had not been in
terested. . , " j
Attest, A. L. Lovbjoy, Speaker, '
N. Hubeb, Clerk. , -,
ArPKovED, Oregon City, 19th Dec. 1848.
ANACTOrgaaWaf Probate Cowta.
1. Be U enacted ly the House of Refre.
tentative of Oregon' Territory. That the seve
ral Justices of, the P&ace, m their respective
counties, shall, - at their nseesioB, elect
one of their number as presiding Judge "of
the County Court, wrhose duty it ahall lis, to
reside at each term of the .County Court,
rid do and perform all 'things that are re- '
quired to be, done, by ihe 'presiding Judge of
the County Court. ,, ' 7 '
2. ' tho said presiding Judge sball
Judge of Probate and 'all law and parts of
laws now in force, and' applicable, to Oregon
Territory, applying to; or in any 'manner r
lating to probate business,' be and the same
is hereby construed as applicable t9 the
Probate Court by this Act established, 'aad
the jurisdiction given to the Probate Court as
established and organized in this Territory
by law, is given to the Probate Court by this
Act established. ' '
Attest, A. L. Lovxjot, Speaker.
N. Hcbbb, Clerk. '
Approved, Oregon City, 19th Dec. 18461
AN ACT aatftlod aaaot to aapaal tho Act aaaah
taaaXriaaiaalCasit. n i
1. BeM emmcied bt, tke.Hmu of Mem:
resentahves of.Ortgen Territory Thai' the
Act establishing a Criminal Court in Oregon,
be and Jhe same ia hereby repealed;
Thia Act to v take .efleot, and. , be in font
from and a.fter it passage 4bl t x
Attest,. A.'.X. )Lovwat-aeaber.
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frond a,nrthe . n'Wflf Juttg.1
'WfhteeK hundred tdMWM "7' '
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