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About Oregon spectator. (Oregon City, O.T. [i.e. Or.]) 1846-1855 | View This Issue
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AN ACT entitled an Act lo regulate (he Manu
acture ami Sale of Wliio aud UUtllled Bpiritoue
$ I. ' cnictnl by the Home of Rsp.
raentiliret of Orrgnn Territory, That any
ponoii or p-rsons hcrraftor wishing to eMab.
ii-di or curry on u distillury for tho nntiufno
turn mil huIii of sniritnus I in norm in unv
fjmnlity, ruil I-sh tliui five gallons, shall
first mu'o application to tin presiding Judge1
ol tim Comity Court, ol the i.onnty inwhiub
such distillury is to lie carried on, cither in
vacation or i'i term time, Tor a liu"ns' ho to
do, thi wid J u Igo ns aforesaid hIiuII be, and
lio is hereby uutlnrizcd. on tho said nppli
cuntn )ro'luuiii'.r to nid presiding Judge tho
cortifiuati! ofthu Territorial treasurer, thnt
such aipli(!ant lias pail into the Territorial
treasury, tho Minn of thrco 'hundred i loll urn,
t' procMiil to grant a lieensc no to do, for
the turn) of twulvu months, and tho nail
Jud'jo shall ho entitled to reed va thruo'dol.
lurs fur every licence ho granted, to lie p.. id
hy nucli applicant.
$ 2. Tint any ponton or jH'rsons desir
ous of Helling wine or. distilled spritou
liiiors, in any oumilitv not less thin five
g'tlhns, and slrill produce the receipt of the
TrruHitrcr of the Territory, for two hundred
d tllars, thill receive a licence so to do, for
thu term rd' twelve urmtln, in live manner
and form us provided in the first section of
$ '.I. Tli it bnv person or persons, desir
om of (telling win" or distilled spiritous
liquors in a h-a quantity than five gallons
uu I -hall proliiee the C'Min'y Treasurer's
r cipt for one hundred d i'lur, in tlie nun
ir r ami firm as privld'd in the first section
of this ue sh ill receive n Iin iw to keep u
ilia ii dnp fir tie1 term of six iii'mi'Ih. hut
s'ii Ii Ii ns" si ii'l not .ttith'ir!." mtr h p rvin
m' j rnoiis t i !rrp a dram shop at m nv
Inn iii ' p'ae at tur kitnn liine, nnr stiull
such tic iwi lie .isir'ii d or truuloni'd".
$ I. Thn ifnnv poponnr priislicetisMi
In k p u dra'it sh 'p.-dia'l liive y or indirect,
ly Miliar anv of the uols hr t'lin'H sjK'cified
in this section, to lie danv in or nlwut his
dram slnp, orthc prcmis nth reiinto belong
ing. sued ocn n sh ill h" ritisld'Ti'd as keep.
iug a disorderly h,us,, wi h'n tho intent and
meanin': of this Ac, nod tho i-ondition of
such parson's h'jnd, slnll he considered as
broken, nnd he and his securities liahlc to
tho p-niltv iliereof. Fire', ifmiuh p-rson
slnll suT r any kind of giuihling device of
whatever trimo or dfMjnption to lie used for
ih" purpos" of gaining, to b"t, win or lo" mo.
n-y or property on any game played, or with
any .-ambling duvice, or shall' Miller any
person to play nt any game of chance for
any money or other proerty In tho shop, or
on tho premises thereto belonging, nnd he
tlc-reof convicted such porwui shall ho con
sid Ted as keeping a disord rly house.
Second, if Htioli person hIiiII. on the first
diy of tho week commonly called Sunday,
oithnr dircc'ly or indirectly, wj or barter
any wine or distilled spiritous liquors, to any
person except for medicinal purposes, and be
convicted thorcof, hucIi person shall bo con.
nidnrrd as keeping a disorderly house.
Third, if such pirson shall suffer a tumult
uous noiso in his dram shop, to thodisturb
ance, or unnoynncc of any parson per.
sons living contiguous thereto, and bn con
v'ctrd thcr of, such person shall bo consid
cud as keeping a disorderly house.
fi. That any penion applying for a II.
censo to keep a dram shop, shall, before such
license is dciivcrrd to him, cuter into a bond
wilh sccuritv, to bo approved by (ho presi
ding Judgoof tho County Courts, in the pro.
per coun'y, payable to tho Territory of (Jr.
cgon, in the penal sum of 1,000 dollars, con
ditioned that such person will keep an order
ly house, and not sutler any act, or thing to
bo done in or about such dram shop, which
in prohibitrdJy this Act ; which bond shall
bo filed in thooflicoof tho dork of the Coun
ty Court. "
fl. That ony person not duly licensed
so to do, who shall cithor directly or indircot
ly, sell, barter or give away, wilh intent to
ovado this Act, any wino or distillrd spirit,
omi liquor to any person within this Territory,
shall, upon eonviction thereof, forfeit and
pay for tho use of Oregon Territory, a sum
not more than one Jiundrrd and fifty dollars,
nor less than twenty-fivo dollars, for each
and ivory oflrnco.
7. Tjiat if any person shall sell, barter or
give, either directly or indirectly, any wine
or distilled plritouas liquor, to any Indian
f " A.
WMtwwd the 8tar of Empire i< (u wk.-l'r: -
.j.. r. . . i ' - ft '-
Vol. I. Oragoa City, (Ortgon Tcr.) Thursday, Janmtry 11, 1M7, Ho. 26.
within this 1 erntory, every person so often 1-1 fl. It shall', be fh duty of tho grand
ing. shall, upon conviction thereof, w fined jrjcs of the sevoral counties to take notice
in any sum not more than 300 dollars, nor . 0f all violations of this act, and if the fact
less than 5 dollars. J he proved, they shall find a true bill.
8. 1 hat all forfeitures, penalties and . $ n. That the sum- of one hundred dpi.
fines incurred by violation orthis Act, rray be I Jars be and the same is lioreby appropriated,
n covered cither by indictnrnt in the County to Iks paid out of any money in tho T,reasu.
Cnirl, or hy un action of debt instituted in ! ry, to carry this act into fleet.
he name of Oregon I erntory, kfore unv $7. That this act take cfilct. and bo in
ourt having Tngnlzanco th'-rr of, and any ; force from and after iu passage.
person is hereby authorized to institute said
ft. That all fines, penalties and for
feitnres. incurred by the violation of any of
the provision of this Act, shall bo piid into
the county treasury of the county where such
iiidiet:n"iit is found, or olKnc committed,
for the use of said county.
10. Tint whenever the condition of
the bond pnvidnd fir in the fifth section. of
this Act, nil ill bn broken, it shall lie the du
ty of the clerk of the County Court of the
county in wlrch such bond shall he filed, to
!iHtittlc suit thereen.
1 1. That it shall hi lli duty of tho
pn siding Judge of thn County Court, at each
i-egnlar term therrof, to give this Act in
elnrge to th" grand jury.
1-2. That the Act rn'itlrd on Act to
prevent the manufacture, introduction, and
ali; of ard'nt spiris. passed 24th Juno, 1814,
Ik nnd tho' same is hereby repealed.
Attest, A. L. Lovejov, Speaker.
N. IIuiieh. Clerk.
Passed by a majority of two thirds,
Dec. 16:h, 1810,
AN ACT to rrjrulto Wright uud Mrtaam, Ave
I . Bz H enacted by the Home of Rrp.
rexentatiee of the Territory of Oregon, That
tho Secretary of the Territory aforesaid, be
and ho is hereby authorized and required to
procuro for tho Territory, and at the expense
thorcof, n set of tho following weights and
measures for tho uso of said Territory, to wit :
One incasiiro of ono foot or twelve inches in
length, Kii'.dish measure so called: also, one
measure of three feet or thirty six inches in
length, as aforenaid : also, one half bushel
measure for dryrmeasure, which shall con
tain one thousand seventy-five and one 'fifth
solid inches: also, one gallon measure which
shall contain two hundred and thirty-one
solid inches, which measures aro to bo of
wood, or anv metal the Secretary may
think best to procure. Also, ono set of
weights, avoirdupois weight, and scaled with
the iiame or initials of, Oregon Territory, in"
scribed thereon, which measures and weights
shall bo kept by the Secretary of the Terri.
tory, for tho purpose of trying nnd sealing
tho weights and measures used in said
2. "S-Vsoon as the S-c'rctary shall have
furnished tho weights and measures afore
said, he shall cause notice thereof to be giv
en by advertising tho same one month in tho
Oregon Spectator, and any pcrsonfor persons
who shall thereafter buy or sell any com-
modify whatsoever, by measure or weight,
that shall not correspond with the aforesaid
measures' and weights, shall for every such
offense, being legally convicted thereof, for.
fek and pay1 tho Hum of twenty-fivo dollars,
for tho Uso and benefit of tho 'Territory; al
ho the cost accruing thereon. '
3. Ifvery person desirous of having
thoirjveightsand measures tried by the "'INtr
Fitbrial standard, shall apply to tho Socre'a
ryaforosafd, and if he find it to correspond
with the Territorial standard, ho shall seal
tho same with the seal provided for that pur
pose, and said Secretary shall be allowed to
chargo und receive for his sendees, fifty
cents for each measure or weigfit he shall
seal with said seal.
4c In tho payment of debts due fhe
Territory, or individuals or companies, or
other arrangements, unless a special contract
to thaoontrary. sixtv rounds ahal) b rtaetv
i et t-.ii. . i;r 'f i. . ,
eaaa one Dunei,cany mtnjr ma, as
Notion to tho oontrary notwithstanding.
Attest, A. L. Lovrjoy, Speaker.
N. Huder, Clerk.
Appboved, Oregon City, 12th Dec. 1846.
AN ACT providing Tor the Election of County Judges.
1. Be it enacted hy the Houtc of Rep.
resentnlires of Oregon Territory, That the
county Judges and other county officers,
sha'll hereafter bo elected by the free voters
of thiir respective counties, who shall hold
their office during the' term of two years,
nnd until their nnaMmpn are elected and
duly qualified ; aridHfcsc of vacancy by
death or otherwiscaBU bc the duty of
the Governor, uporiMtion of any one
of the Judges of the TeWnty court, where
such vacancy shall' occur, to order an elec
tion to bo held, to fill such vacancy: ten
days notice shall lie given, by putting up no
tice in three of the most public places with
in slid county. This act to tako efiect, and
be in force from and after its passage. All
acts and parts of acts conflicting with this
oc', shall be, and tho same are hereby re
pealed. Attest, A. L. Lovejov, Speaker.
N. Huder, Clerk.
Approved, Oregon City, 10th Dec. 1846.
AN ACT rtab!Milng the office of Auditor of
pubic account, and dettaing the duUes of Mid office,
and for other purports.
1. Be it enacted by the House of Rcpre
lentitite of Oregon Territory, That there
shall bjean Auditor of public accounts, elected
by tho House of Reprcsentatives.and commis
sioned by tho Governor; 'who shall continue
in office for tho term of two years, and until
his successor shall bo duly elected and
qualified. And before entering upon the
duties of his office, shall take the oath
prescribed by the Organic Law, and enter
into bond to be approved hy the Governor,
with at least two sureties, in. the penal sum
of two thousand dollars, conditioned for the
faithful performance of his duties as requir
ed by law.
2. Should al vacancy happen in the
office of Auditor of public a-rounts, or in
any otlior office, whjch U becon.es tho duty
of the House of Representatives to elect, it
shall be tho duty otyhepGovornor to fill said va
cancy.untll the nexfsjssion of the house pf re.
prcscntatives uftcf said vacancy shall occur.
3. It shall bo the duty of the said Au
ditorof public accounts to keep his office at
Oregon City, arid audit all accounts that
mav, Ko presented against the Territory, be
fore tho same shall be -paid by tho Trcasur.
er. It shall be the duty of the Auditor to
report annually to iho1 House of Representa.
jives, fhe' 'amount of claims so audited by
him, and in whoseffavo the same was audit,
cd, together wit hV fall abstract of the state
of the Territorial' Treasury.
$ 4. It shall bo 'the duty of tho several
clerks of the 'County Courts, Immediately
after making out the tax book for their e.
spectivo countiesto forward a duplicate ab
stract of 'tne feftyalfc amount of tfci TorrI
tbrial-' revcrTueJ" due' in their said' counties,
one' to the treasurWand the other to the Au.
ditorof public accents, and the said Audi,
tor shall entef'tbe'fahto In a book to be kept
for that purpose. And ft shall he the duty of i
of the several oollebWrsrJrTotTHqHil revenue
wlna tby shall havethelr llablrradited,
tefpay tfcle MwvMMntvtnetrtajarfiiMWfW
with file their qwietuawiOitha Au illaWpia U mad UftJbrtvft,
lio aooounta, whoae duty it ahall be lb totor next, la not mtat o
, -,.-, , . , v .v .,
tmammmmmmmmmmmmmam - sr
.1 .kil'Mi -P-'it.
mw amuir. iv.MP,rai 01' Mv."
shall do and tmhsan alt. duties rtqulred by
law tft.be dona afihe', Auditor of public ac
counts, the same as tf they, were specially set
forth.ia this act, and the said Auditor of pub.
lio acaovnts shall receive Ma full catosa.
tion lor hla services, twd per cant, ont all. mo
nies, claims and demands by him audited.-'
6C It; shall be. the daty of all oUfcers
who may cdlect any fine, forfeiture, or pen.
alty for the use of tho Territory, to file whh
the Auditor of public accounts, forthwith
the amount of said fine, forfeiture or penal
ty, and the said Auditor of nublfd accounts
shall enter tho same in a book to be kepf for
that' purpose : and it shall he the duly of the
said Auditor of publicaccounts tp.Kcephis
books in such a manner as to show't he. assets
and liabilities of tho Territory, by reference
to said books. '
7. Tho Territorial treasurer ahall fbrthl
witli furnish said Auditor) with the now sa
of Territorial account", ns by him kept as ex
officio auditor of public accounts of this
Terrilo'ry. 1" ' .
Attest, A. L. Lovejot, Speaker.
N. Hobm, Clerk,. " - - " "
Approved, Oregon Citv,' 19th Dvc. 184;.
AN ACT tobeBlHJedaaactfostad aaact, Cr
t sjaaiziSf Coasty Coarls. r
I. Be it enacted by the House of Jtepre.
tentativet of Oregon Territory Tfiat the jus
tices of the peace oLthe several cbuntiea, in
this Territory, of any twor of them,' shall
constitute a Board of County Commissioner
to do and transact all county Jiusioesafn their
respective counties, and all statutes and ,lawa
now in force, and applicable to county busi
ness in Oregon, shall be in force and. appli
cable to the county courts, by this act estab
lished. And the county courts, by this 'act'
established, shall not hayo anjK .original or
appellate jurisdiction in any Jvll'Oi'eHlnt-
nai case between parties; m jsjrr Jsp;aajff:ji
transact all busineae ai WGMmWMMNfiKk&t
be done for their reaneeiive',s9MeVf,7nsv
purview of this act, ire hereby repealed.
This act to take effect, and be in force frwn.
and after iu passage ! . 'r";
Attest, A. L. Lovejot, Speaker..
N. Hcbeb, Clerk. . ' ' yT' r
Approved, Oregon City, 'lttli Dec.'mt.3
AN ACT lo appoiat JatpoeUn sad fwi Wt
t .duties. 4 , r B , J9j
$ 1. Be U enacted by'the.Houte i?7-.
resentative of Oregon Territory, jTaat,tha
Governor be, and he is hereby uthorixcjl
and required to appoint wiine suitable.persbn.
as Inspector in Oregon City, ai su.iafr
places as be may think proper, wh"3r
it shall be to inspect "fV,heat when 'SfmJf
on, and determine the quality thereof. r Tffi)
said Inspector shall receive the sum. of qne
cent for cvery'bushel of wheat by,fbuiT
inspected, to be paid by the person PfUfif.''
$ 2. Every person appointed ak'Ukanlt
tor, before entering upon Jhe'diitieybrWg-
office, shall take an oath1 to fai'thfullv dis
charge the duties of said office,1 'without i.-;' J
yor or affection. , ' x ' &
This. act to tako effect, and hw tn tnmUft. '
Cmm anil lAa. It. luuua 'VH' 'ii
" """ '"" ' 5' !,
Attest, A. L. Lovejot.' Speaker.' 'i'1'
N. Huber, Clerk. - ," ' t '
Appbovxd, Oregon City, 1 91 b Deo.' 1841. 'V
AN ACT toicguUU the sal? of Uw, TmmitMJ
i v..; .ji i- rr 'UjrWv
reacnlahvct .of Ortmo. Ti'rnlara. T
Prosecuting Attorney of OrMoni
shall receive for his MrlceV t$ffi j
inrce nunarvu aouars per annaa jo
BiBBiairLBnri w. su.
& 2. This act to take eftjet w$'&i$riS$
and pa'rfc of acta con flic t Imw hh i
shall be. and the mim i s'ii isili i ! tWiT ' '
Attest, a. l., ivmmSSs
11 in TllsTaili-a-ir-iiirirnifiniViisArmf'i
of all kinds of jiterials.' Hl
day and fy-tiaxrov?;ijrtMi
on the crtfifMW'Bigis
la not man aoiilir ifcistl nTv;i
i - . S ii.tlVhlrtviB' -