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Laws of the Territory of Oregon.
k f coimuio. 1
8m. SO. If mioh deceased person died Insolvent, hi estate found in
thk Territory shall, h for u practicable be so disposed of, (hat all bit
endtora ,) elsewhere may twelve an equal share, In proportion
w iaerr raapaeuv aama.
Sac. 81. To tide and, hla eatate ihall not bo trantmltlrd to the for.
aim executor, or administrator, until hli creditors, who ara oitlun ol
this Territory shall have received Ibelr juat proportion, that would be
due lp them if lb whole of the eatate of the deceased, wherever found
ware divided amsag alt the aaid oreditora la proportion to their react
ive debts, withoat prsfcrlag any one peolee of debt to another.
Sao. t9. I-i anoh case, no creditor, not being a citizen of thii Terri.
tory.iball be paid out of the aetata fouud here, until thoes who are oitl.
aeaa ahall have received their jutt proportions, at provided in ihopreco.
dlagaaotion.
Sec. M. If there be any retidue after snoh payment to the citizens
f this Territory, the eame may be paid to any other creditor who thall
My have proved their dbta hero, in proportion to tlio amount du to
eaeh of then respectively.
Sao. 94. No one ahall receive more than would be duo n him if tlio
whola oetate were divided ratably among all the creditors.
Sac. 89. The balance, if any, mar be transmitted to the foreign
executor, or adanlnUtratnr, or, if there be none uch, it thall, after tho
axpiratiea of three year from the appointment of the adn.ioittraior, be
dbxrlbatad; ratably, among all the creditor, 'citliena and other who
ahall have proved their debt in thi Territory.
Sac. M. Executor aad adminietratora thall be allowed for their
trouble not exceeding ten per centum oa the whole amount of personal
aetata, aad on the asaaey aneiag from the aala of land, with tuch addl.
tleaal allowaac fcr leaning real eatate, and collecting and preserving
in eame, a ine prooeie eoun may aeem reasonaois.
ARTICLE VII.
OF PROCEEDINGS AGAINST EXECUTORS, ADMINISTRATORS
AND SECURITIES.
Sac. 1. If aeon the eettlement of any executor, or administrate,
there be not aameieat aaaaU to pay all demand against th eatate, any
creditor may saagast that be ha not made a jutt account of the ataett
ia hie haade, aad apply fcr aa enquiry into the tame.
Ate. 8. Upea aueb appUcatfas, the court ahall direct an itu to be
made up, whether there it watte or not, which thall bo tried aa de.
maada agaktt aa eatate.
Sac. If no waate be found, the applicant thall pay the coU; but
if waate be found, judgment thall be recorded in favor of the anolicant.
agaiaat saeh executor, or administrator, of hi own proper eetate, for
tbe amount waatad, and coat, and the money collected sntll be applied
to the paymeat or the debt due to the applicant, and tbe reeidue ahall be
apportioaed among the creditor.
Sac. 4. If it appear that each waate waa committed wilfully, and
fraudulently, the appUeaat ahall recover double the amount waited,
with aeata, to be aaaertloaid aa aforesaid.
Sac. 8. After Rati eettUeasat of any eetate found to be insolvent,
any eredltaf, or other peraea iatenatad thereia, mar bring an action of
waate. or a east oa the admlaletraUoa bond, aad aanlan and nrova. ana
breach of th aoadition, any waate or miimsBSgcrntnt of the eetate, and
hare jaagmaat agaiaat the et-executor, or administrator, lor the whole
Mwaavaaat waste or
C' uasa eoeh iudawunt. exeeutiea mar iaeue aninat the ori.
. . a a . k a a - . " . .P -
Meweaexecawr, or aamauetrator, aaa Me eetuement snail
3S
waatad or mismanaged, aa be oould have done if they
acoooated for, with eoats. ,
oaly feaUrve aa fur aa aa aaa applied th aaacta pursuant to tbe
apaoTtataaHfttaMae ay tbe aoart far the aaymeM of debt.
Sao. t.'A law pwosi Js of all exeoutiont, on aay judgment that reoov.
end, ahall be applied to the payment of taa debt, due to tbe person
eaiag, andue reman aaau at apporuoaea amaag tae oreditora.
c. 8. Taa aoaa or aay executor, or aaawuatrator. may be sued
ty.Jbrjhe
Section I. Btit tnaeUd h At CountU and itmm of RtrrtmtMH
of Iha Trnt'orppf Oregon, That all Territorial Road to bo baraaftar
located and established within thii Territory sfis.ll be viewed, surrey
ed, and established, and return made thereof agreeably to the previa.
Ions of this act, within one year from the passage ofthe.aot by which
said road or roads msy be granted or authorlxcd to be laid out respect
ively. See. "4. The commissioners, appointed to locate and establish any
Territorial road, ahall cause tlio ssme to be correctly surveyed and
marked from the beelnnlnr throuahout the whole dlstanoe. bv aatllnir
take in the prairlo at three hundred yard distance, and biasing trees
In the timber j they shall establish mile post, which thill be marked
with a marking Iron, In regular progreitiou. from the beginning to the
termination of ald road, and shall also rstablMi a post at overy angle
m mo wiufoaa, meriting aa aioresatd upon mo time, and upon a tree
in its vicinity, Ifanythoro bo, the bearing from tho true meridian of the
course, beginning at said angle post, tot at liorein directed, and note
the bearing end diitanooof two trcet in oppotlto direction, If iliore be
any in the vicinity, from enoh angle and ruiln post.
8r.v. it. The commissioners and surveyor or esrh rod shall make
a certified return of the survey and plat nf the whole length of said
road, specifying in said return the width, depth, and courto of all
streams, the position of all twamna and marshes, and the face nf tho
country generally, noting when timber and wlirn prairie, and the ills,
tanoa said rosd shall havo been located In each county.
Seo 4. Said return and plat shall bo tigued by a majority of the
commissioners, and the suivoyor of stld road, snd forwarded to ths But).
retary of the Territory, within sixty dsys after the view and survey of
the same, to bo br bim recorded and nreservaJ : thev aball aim. iihln
sixty daya aa aforesaid, deposit In the office of tho clerk of the' board of
commistionsri oi eaca county through which said road shall be laid, a
reiurn ana piat, awreaaiu, or so much ol said rosd as ehsll be Isidoul
and established in said county, to be there recorded as aforesaid.
Sec B. The said commissioners shall, aftar the oomalstlen of tha
survey of any road aa aforesaid, make out a certified amount of all
services raadered. as we'll br the surveyor and other hand aa hv tham.
selves, charging to each county, through which aaid read may have
been laid, a proportion ol the expense, agreeably to the number of daya
employed thereon, and the board of commissioner! of said county shall
suau ana sstus ine same.
Sxc. fl. All Territorial roads, authorised to be laid out by any law
of this Territory, and not ysl commenced, shall be laid out in the man.
ner presoribl in this aot, and the commissioners shall comply with all
the regulations herein contained ; and further, the cattbllsbed width of
an lemtonai roads snsii be seventy rest.
Sec. 7. When any road shsll have been located and established,
agreeably to the provisions of this act. the same shall be and forever
remain a publio highway, and ahall be opened and worked by the coun.
ties through which it shall be laid, aa county roads are : and no nart of
ine expense Ol laying out and eatanllshliur anv Territorial road, .irnfih.
damagee sustained by any person or persons in consequence of laying
out any Territorial road, ahall be paid out of the Territorial treasury.
mmmqmmmmm
JUST RICI1VBD
IMS to arXeVr&YenW
Z ""V" n". avwa steal
10 das saafal a. laaaai J aa I...I.I,
MtwWvJret, 19 aaWeT'
8 de toatwt, 4ssaiatesUat.
I ssk aWfsosdaarw, 4 tSZmmSmT
I eedadaMuaewM,IOeaaiiad beat.
l bsetatlaCtlr7 10 temm
ktasssJamtas, M bsflt wiMe Issd.
WMiseslisai, IS btS ssjwnrUU,
eksetaaddttrlaskt, 4talMlWws,
raeaskUUs.iMss, II cacs witeaM asm,
tklssl,aata, htsks aad sU,
tapis, flnlrU, kaifstasdrwb.
kssMs-j, asadatMr,st.
cewh wrsaeast, ritltt tad asaelk
frjlafBtna,,
GEO.AHERNETrlY 4 CO
Uispa etty, amy 9, IBM-Iltf
JUST
JEKUia
Fn
RECEIVED
taae." naai Baa
jaw faajFWaaVaaT atWSJSaal I
A Itift sad gaisnl tastrtaMM sTRatdi
biArrninu,
UtltWttrMitt,
rUKNlTUMC-emk at esraim. ItUts. K4.
ttetwaeatlttttj.eatlts.sVe,
wetltaaadiaiaiiltaaewls,
tOm atttad It ewmta ttfm las A UM i
nas, ma aae
tjs" MtjTSJ awaaVeMaa) MfH NM eaaffMbj
tistsa, iiifii sea,aai easaw,
ahlliallttalagtlsiss.wrMi aia. aad ranaeut
AHtrwWekwIIUsald. hsxettMr wkaiW.
Stsek af aaadt. aaaa laa aaaa '..ku
tsflM, W CR08BY SMITH.
rajwaea, astu 19, IBee-IMT
SUPERVISORS.
Sictios . btk tuacltdh tke Council and Home qf Rrprtunlativtt
ttftStTiTTitorytfOitgon, That all male persons between twenty-one
and fifty years of age, who have resided one month in this Territory,
and who are not a county or township charge, or otherwise exempt by
law, ahall be liable yearly, and every year, to do amTperform three
daya' work oa the publio roads, under the direction of the-aupemsor
within who dattrlot they may respectively reside.
Sac. 8. That It ahall be the duty of every auoervior to order out
on fanaask, rsansrai as anretaia, eeiwam thrttlmjj, i
at the iasuaoo of aay party wiored, in taa aaase of tbe Territory,
ca party, mr tae wane, or miemaaigoi
or other been aftfca eoeafJtioa of such bond, aad the damage; ahall be
to the aea of sack i
meal of tbe eetate,
I thereon aa oa boade with collateral oaaditiont
Sac. 9. The probata ooart, for dltobedleaoa to any order made in
pursusnos of thk act, may Issue attachment, imprison the body, or pro.
ceed by sequestration of Isnd aad goods, as fully as a court ol chancery
may do, and may issue their process for that purpose, directed to any
county, and cause it to no served inerein.
ARTICLE VIII.
OP APPEALS.
Sic. 1. Appeala shall be allowed Iron the decision ol the probate
court, to the circuit court. In the following cases : First, On all demands
against an estate exceeding ten dollars. Second, On all settlements of
executors and administrators. Third, Oa all apportionments among
creditors, legatees or distributees. Fourth, On all orders directing tho
payment of legacies, making distribution, or making allowance to the
widow. FiflM, On all order for the sale of personal estate because dis
tribution cannot be made in kind. Sixth, On all orders for the salo of
real eetate. Seventh, On judgments lor waste. Eighth, On proceedings
to recover balances escheated to tho Territory. Ninth, On orders revo
king letters testamentary, or of administration. Tenth, On orders mak
ing allowances for the expenses of administration. Eleventh, On orders
for tbe tpecifio execution of contracts. Tttelfth, On orders compelling
legatees, or distributees, to refund, snd in other oases whero there shall
be a final decision of any matter arising under tho provisions of this act.
Sic. 3. All appeals shall be taken during the term at kwlilch the
dscition oonsiajsdof is made.
Sec. 8. ThefUpplloant for such appeal, bis agent or attorney, shall
file an affidavit that tbe appeal ia not taken for tho purpoee of vexation,
or delay, but besauta the affiant believes that the appellant it aggrieved
by the decision of the court.
Sec. 4. ' Every such appellant shall Ale In the court the bond of hint,
elf, or some other person, in a sum and with security approved by the
court, conditioned that he will prosecute the appeal, and pay all debts,
damages and costs that may be adjudged against him. This act shsll
not be so construed as to require aay executor, or administrator, to enter
into bond in order to entitle him to an appeal.
Sec. 0. After each affidavit and bond have been filed, the appeal
shall be granted, but ahall not be a supersedeas in spy other matter re
lating to the administration of the estate, except that from which the
appeal It apecially .taken.
Sec. 0. When auoh appeal is taken, the clerk shall transmit to tho
olerk of tbe .circuit court a certified transcript of tlio record, snd ro
eeedingt, relating to the cause, together with tho original paper in his
office relating thereto.
Sic. 1, Upon the filing of auch transcript, and papers in the office
of the olerk of the circuit court, the court shall be possessed ,of tho cause,
and ahall proceed to hear, try and determine the ssme anew, without
requiring any error, defect, or other imperfection, in tho proceedings of
um prooais ooun.
Sio. 8. The clerk of the circuit court ahall certify a transcript of the.
record, aad proceeding, and the original papers to tho court whence tho
appeal waa taken, who ahall proceed according to ths dscition of the
circuit court.
. 'TERRITORIAL ROADS.
this article, my,b given, and upon failure to appoint tucb agent, such
notice my be filed in ths office of the court having jurisdiction of the
.mate.
AbWI
and October annually, to do and perform the worfc-aforrtaU, on the
publio roadi within his district : and if anv suchretiddut bcine- nerton.
ally warned by tbe supervisor, or by leaving a Written notice! hla place
of abode, or by seme person under the direction ol the Supervisor, by
whom such warning can be proven, shall refutTor neelcct. hsvlns had
at least three daya' notice, to attend, by hlrnscjfSr.substjiui, to the
acceptance of the supervisor, on the day and at IhVlime and place
directed by the supervisor, or, having atleaded, shall refuse to obey the
directions of the supervisor, or shall spend the time In Idleness and Inat.
tention to the duties assigned him, every such delinquent shsll forfeit
and pay for each day he shall so refuse or nesloct to attend, or for anv
of the ofience above specified, the sum of five dollars, to bo recovered
by action of debt before aay justice of the peace having jurisdiction
thereof, at the auitof lb supervisor within whose district such delln.
quent msy reside t and the money so collected shall be paid over to the
ivwBMiip irvuurer ana acoouutea lor oy ine supervisor, at I no annual
eettlement with the trustee of bis township : Provbltd, That ia counlie
where townships are not organised, auob forfeiture, so collected, shsll
be paid into the county treasury, and appropriated as provided for in
this act.
Sec. 9. That in case any person shall remove from one" district to
another who has, prior to such removsl, performed the whole or any
part of the labor aforesaid, or in other respects haa paid the whole or
any part oi the amount aloreeaid in lieu of said labor, and ahull nrodiice
a certificate of the ssmo from the supervisor of the proper district,
such certificate shsll be a complete disohargo for the amount therein
specified.
Hec 4. Thst every person callnd upon to perforin sny labor upon
publio roads snd hlghwsy, under any of tho provisions of this act,
shall appear at tho place appointed by tho supervisor, at the hour of
eiuni n ciock in mo lorenoon, wun sucn ncccxisrv tools aim imu leinen s
at said ( jpervisor may direct, and the supervisor may, if necessary for
tho Improvement of tho roads, order any person owning the" same to fur.
nish a team of horses or oxen, and wagon, cart, scraper, or plow,; to be
employed or used on the roads undor the direction of said supervisor,
who shall allowuch person a rsaeooabls compensation lor ilia uae of
such team, wagon, cart, aoraper,or plow, in discharge of any labor duo
irom said person.
Sec. 5. That all persons who may be deemed, by the supervisor,
unablo to perform, or chute to be performed, tho three days' work
jequlrcd by this act, shsll be exempted from the requisitions of Iha
same
Sec 0. That whenever it shall happen. In consequence of tick nets,
absence from home, or any other cause, that tho three day' work afore,
said tnall not be performed wilbln the time apeelfied in this act, the
supervisor hall be authorised to require the performance of suoh ttnrk
at any other time.
ate. 7. That the county commissioner or mo irusioe oi lownsmps,
when tho samo shall be organized, shall, a ofton as thoy may deem it
nocissary, but not oftonor than once a year, divide their respective
counties or townships, or any part thereof, Into siiltablo and convenient
road districts, snd cause a brief description of the same to be entered on
the county or township records ; and In case any public road shall be
ottabllthod as a part of the line, or boundary of any township, when
townships aro organized, the trustees of the adjoining townships ahall
meet at some convenient place, as soon after such division aa conven-
Innl. ami annnrllnn anrli mail nr roada lietwccn the 1WO townshiaa. aa
justice and equity may require, for the purpose of opening and improv.
ing tho tamo, and the supervisors and Inhabitant of each township
shall be bound to worn oa aaiu roaa or rossi aouoniiogiy.
Sac. 8. That the several supervisors within their respective districts.
shall collect, by suit or otherwise, all fin, forfeiture, and penaltiei,
arising ana accruing unoer inenroviaiansoi uiisaoi, unless ine coiiec.
lion thereof is herein provided for, and pay the same into tbe township
treasury, If the townships ara organized on or before thefirst Monday.
In March, otherwise in tna county treasury on or before the first Mon
to si ooKimtmo.)
nttm f MthMwaewa Merelussiu
THE aajtsslga.d, striae; Urn appsuud
tfsst far lie stwsatl af linatsr maaafattai.
adtl Oftfaa Cly, Clackamas aad MUwioUt,
tma tsUw mm Omaa City, lbs prtttM Uad af
aavinilaa af the vYUIaawtt, tad will h raadr
MallfsasistoeaatraHlWsUrfiaf or sals W ui
".I". !ik aawriH lumbsr, spars Usttav.
tbltgl, ., .
Mi Is alas ss tpat far a lias af Tamil mains
Mwtaa fan Prtachea, California, tad lals pUi,
VmmIs UI to Uadd wna (rati dUsick, asla
etifo eaa bt Ukta from th wharf taeia m rafu.
ixrr wiirrcoMB
MllwaulU, Jasasry 8th, IBM.
f tlHT RECEIVED far ail., ts ateamat -Cm
MtaiaerklSoak
BstUrM 104 ,
Uaaa A3, TOU Ms eaavass, tanr sand,
wsrstst a oasts aa at tar, la i
Ihtamn,
I3 It otaa.
sp, so am. as Kag. amra soaa III las
19 bout triad, aa. 1 aorfd Ut aoaa,
3 h aaksalfkatfoma.
Sottolw assttWOO Iks 8. M. ksos,
Tot, taSW, Pilatiaai ttatkst. allot ksasd.
Powaar aad afcot, kwd, draaVd lamktr,
n aw, Bafai aa mia aaw aaaa,
MUHroaa.aatlasaaifi.li(-H tlmwfthi
Paskot tatnart. bnamaa. rrorkrtv n. x.il.
aad barjr tnlelos, ky
ronrrifcro
Ala, aaa ahJarU marhia. Caa tat 10 M r
T, tad to adaatid fcr ksttlsg.
larUtad, Jaaa IX-IW
TOWN OF MILTON
IS sHaatfd on lbs birr branch of tbt Wllla.
tils rrrar, juat ator ha junction Willi Un
Cokawkia. Tb kdranUa-M at lla tnralli .V
U aksstislTst. Al wt aak la, for mi frionik u
ia sad ara UMalara.
Per parUsoUrt tpsfr la
CROSBY Sl SMITH.
PorUaad tad Mikoa
mtvlt-17-4
TUALATIN PLAINS.
TOaHwhtaJtany etassr. la ouhacrlW
kas always M ,4 s fgn aaartnwnl of
NROCERIBH AND DKV UOOP.
wbkb wiH to dvaoord of al wUWnat and roUil
alas la stot eastaawr.
Ilarisf eaWud arraafenwntt foijrosds dlroot
from CsWarala tad lb HUlos, I ear,fTat la
durtmsau U farsttra aad coaalrjr awn korprr.
By rmtaat atteaUoa U Um trials of ih com.
munllT, k bopMta axtlt a coaUaaaaea of favom
CTTowt bu for sale.
ABRAHAM KUMJEJt
HllaAafeagli, Ms; 18, IPMIT-ly
, FLOUR.
60.000 "-"-'
mwo. AMmnmv u co.
FLOUR bf atls ky lbs takserlbsrs tl Portland,
m aoanUtyttsvU Muthtasn. tt rsdaaod
atieas. COUCH A, CO.
ttfSSI MU
i.D.eVW.C. IIOLMAN
HAVE fcrawd s c-iarlaraUa, sad will ka
a bsad a variety of Dry aeodt tad Gro.
etrbw Tfcsy would tollclt ansll portioaafaaa.
(HU4, ISdf.
CO-PARTNERSHIP NOTICE.
THE aat'aitifaiit kaviBgfatmtd a eo-ptrtnw.
hip, uadtrtto.asaia aad ftrni of "Most
Ic Dsaaam," art now ntnand la Iraaaant a m,
oral. Mtrrktadisa, Ptrwardiiig tad Commlaaaa
win.
Tfcott watlHtmskstblrjmnttto,orpiJreluM
In Mia Praaeltte, wttl to skit I d throtfh'
tiMinaadUMiriMAuiUitrt oa the mast roaasa
this itrma, ti '
Atal hi Sta Prtnelses Itsunur ts Warrt
T. O. MORTON,
' A. P. OENlflSON.
Portland, Jury 0, 1860-JJI-tf
NOTICE
I a torsby chrta Ibat t wW apply I tkt Hoi
ProtoUCaait ofWaakmsjoaaonatT, titkt
nasi Urmaf tail Ooart. fcr aldsssttlo ktoa a
Ptrryaarsssmt WMaattMe aver u. whartaV
ParnrwbtataanlatB,aatolStrMiadaflian '
clly, fromaaoiataf lead kttouruwr ts aw, totkt
rrrry unewg a lis e paeans am nhm rlvar
JAItKH M. MOORE.
0pt.3dl8M-9l
fi.
A
1.
.vi..A5ii