Sidebilder
PDF
ePub

Oregon

I. ADMISSION INTO THE UNION. 1. Oregon admitted into the Union. Boundaries.

2. Concurrent jurisdiction on rivers bounding the state. Navigable rivers to be public highways.

3. Propositions. School lands. Lands for a university. Public buildings. Salt springs. Proceeds of sales of public lands. Taxes.

4. Residue annexed to Washington.
5. Laws of the United States extended to Oregon.

II. CIRCUIT COURT.
6. Terms of the circuit court.
7. When district judge to bold circuit court.
8. Special courts.
9. Deputy clerks.
10. Fees of clerks.

11. Trial of issues of fact by the court. Appeals and courts of error.

III. DISTRICT COURT.
12. District court established.
13. Residence and compensation of officers.
14. Salary of judge.
15. Terms of the district court.

IV. LAND OFFICES.
16. Additional land district.
17. Register and receiver.

V. COLLECTION DISTRICTS.
18. Districts of Port Orford and Cape Perpetua abolished.
19. Portland to a port of delivery. Surveyor.

11 Stat. 383.

into the Union.

I. ADMISSION INTO THE UNION. 1. Whereas the people of Oregon having framed, ratified and adopted a constitution 14 Feb. 1859 1. of state government which is republican in form, and in conformity with the constitution of the United States, and have applied for admission into the Union on an equal footing Oregon admitted with the other states : Therefore, Be it enacted, That Oregon be and she is hereby received into the Union, on an equal footing with the other states in all respects whatever, with the following boundaries : In order that the boundaries of the state may be boundaries. known and established, it is hereby ordained and declared that the state of Oregon shall be bounded as follows, to wit: beginning one marine league at sea due west from the point where the forty-second parallel of north latitude intersects the same; thence northerly, at the same distance from the line of the coast, lying west and opposite the state, including all islands within the jurisdiction of the United States, to a point due west and opposite the middle of the north ship channel of the Columbia river; thence easterly, to and up the middle channel of said river, and where it is divided by islands, up the middle of the widest channel thereof, to a point near fort Walla-Walla, where the forty-sixth parallel of north latitude crosses said river ; thence east, on said parallel, to the middle of the main channel of the Shoshones or Snake river; thence up the middle of the main channel of said river, to the mouth of the Owyhee river ; thence due south, to the parallel of latitude forty-two degrees north ; thence west, along said parallel to the place of beginning; including jurisdiction in civil and criminal cases upon the Columbia river and Snake river, concurrently with states and territories of which those rivers form a boundary in common with this state.

2. The said state of Oregon shall have concurrent jurisdiction on the Columbia Ibid. & 2. and all other rivers and waters bordering on the said state of Oregon, so far as the Concurrent jurissame shall form a common boundary to said state, and any other state or states now or

bounding the hereafter to be formed or bounded by the same. And said rivers and waters, and all state. the navigable waters of said state, shall be common highways, and for ever free, as Navigable rivers well to the inhabitants of said state, as to all other citizens of the United States, with- to be public highout any tax, duty, impost or toll therefor.

3. That the following propositions be and the same are hereby offered to the said Ibid. 83. people of Oregon for their free acceptance or rejection, which, if accepted, shall be Propositions. obligatory on the United States and upon the said state of Oregon, to wit: I. That School lands. sections numbered sixteen and thirty-six in every township of public lands in said state, and where either of said sections, or any part thereof, has been sold or otherwise been disposed of, other lands equivalent thereto and as contiguous as may be, shall be granted to said state for the use of schools. II. That seventy-two sections of land shall be Lands for a uni

versity. set apart and reserved for the use and support of a state university, to be selected by the governor of said state, subject to the approval of the commissioner of the general land office; and to be appropriated and applied in such manner as the legislature of said state may prescribe for the purpose aforesaid, but for no other purpose.(a) III. Public buildings. That ten entire sections of land, to be selected by the governor of said state, in legal subdivisions, shall be granted to said state, for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the

direction of the legislature thereof. IV. That all salt springs within said state, not exceeding Salt springs. twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said state for its use, the same to be selected by the governor thereof, within one year after the admission of said state,(6) and when so selected, to be used or disposed of on such terms, conditions and regulations as the legislature shall

(a) See act 2 March 1861. 12 Stat. 208. (6) Extended for three years, by act 17 December 1860. 12 Stat. 124.

diction on rivers

ways.

Tares.

11 Stat. 437.

cuit court.

When district

cuit court.

14 February 1859. direct: Provided, That no salt spring or land, the right whereof is now vested in any Proceeds of sales individual or individuals, or which may be hereafter confirmed or adjudged to any indiof public lands. vidual or individuals, shall by this article be granted to said state. v. That five per

centum of the net proceeds of sales of all public lands lying within said state, which shall be sold by congress after the admission of said state into the Union, after deducting all the

expenses incident to the same, shall be paid to said state, for the purpose of making public roads and internal improvements, as the legislature shall direct: Provided, That the foregoing propositions, herein before offered, are on the condition that the people of Oregon shall provide by an ordinance, irrevocable without the consent of the United States, that said state shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations congress may find necessary for securing the title in said soil to bonâ fide purchasers thereof; and that in no case shall non-resident proprietors be taxed higher than residents. VI. And that the said state shall never tax the lands or the property of the United States in said state: Provided, however, That in case any of the lands herein granted to the said state of Oregon have heretofore been confirmed to the territory of Oregon for the purposes specified in this act,

the amount so confirmed shall be deducted from the quantity specified in this act.(a) Ibid. & 6. 4. Until congress shall otherwise direct, the residue of the territory of Oregon shall

be and is hereby incorporated into and made a part of the territory of Washington. 3 March 1859 2 1. 5. All the laws of the United States, which are not locally inapplicable, shall have

the same force and effect within the said state of Oregon as elsewhere in the United States,

II. CIRCUIT COURT. 19 Feb. 1864 , 1. 6. A term of said circuit court for the state of Oregon shall be held at the city of 13 Stat. 4.

Portland, in said state, on the first Monday of January, and on the first Monday of Terms of the cir. May, and on the first Monday of September of each year. Ibid. 8 2.

7. Whenever the circuit judge is absent, or from any cause is unable to hold a term

of the circuit court, as above provided, it shall be the duty of the district judge of the judge to hold cir- district to hold such term; no term of the circuit court in one district of the tenth

circuit shall be deemed to be ended from the commencement of a term in another dis

trict; a circuit court may be held in the different districts at the same time. Ibid. & 3. 8. The circuit judge of said tenth circuit may, at his discretion, appoint special Spocial courts. sessions of the circuit court, to be held at the places where the stated sessions thereof

are to be holden, as provided in this act, by an order under his hand and seal, addressed to the marshal and clerk of said court, at least fifteen days previous to the day fixed for the commencement of such special sessions, which order shall be published by the marshal in one or more of the gazettes or newspapers within the district where such sessions are to be holden. At such special sessions it shall be competent for the said court to entertain jurisdiction of and hear and decide all cases in equity, cases in error or on appeal, issues of law, motions in arrest of judgment, motions for new trial and all other motions, and to award executions and other final process, and to do and to transact all other business, and direct all other proceedings in all causes pending in the

circuit court, except trying any cause by jury, in the same way and with the same force Parties may

and effect as the same could or might be done at the stated sessions of such court. At waive jury trials. said special sessions, said court may also try and determine all issues of fact, in cases in

which, by the stipulation in writing of the parties or their attorneys, and filed with the

clerk, a jury shall be waived. Ibid. & 6.

9. The clerks of the circuit courts of the tenth circuit shall have power to appoint one Deputy-clerks. or more deputies, who shall have the same authority in all respects as their principal;

the appointment shall be in writing and be signed by the clerk, and shall be filed in his office, and be entered at large upon the records of the court; the clerk may revoke the appointment of any deputy at will by writing filed in the office and entered upon the records ; each deputy, before entering upon his duties, shall take the oath of office prescribed by the act entitled “ An act to prescribe an oath of office, and for other purposes," approved July 2d 1862;(6) and such oath shall be endorsed upon his appointment; the clerk may take from each of his deputies a bond with sureties for the faithful performance of his duties, but the clerk and the sureties on his official bond shall be

liable for all the official acts of each deputy. Ibid. 26.

10. The clerks of the circuit courts and district courts of the United States for the districts of California and Oregon shall severally be entitled to charge and receive, for the services they may perform, double the fees and compensation allowed by the act entitled “ An act to regulate the fees and costs to be allowed clerks, marshals and attor

Vees of clerks.

(a) The act 14 August 1848 (1 vol. 711, pl. 11) vested in each acres) occupied by it, in the territory of Oregon, at that date, as religious society a perfect title to the land (not exceeding 640 a missionary station among the Indians. 11 Opin. 47.

(b) Tit. “Oaths," 1.

11 Stat. 439.

District court established.

Residence and

officers.

12 Stat. 85.

13 Stat. 5.

neys of the circuit and district courts of the United States, and for other purposes," 19 February 1864. approved February 26th 1853.(a) 11. Issues of fact in civil cases may be tried and determined by the said circuit court

Ibid. 27. without the intervention of a jury, whenever the parties or their attorneys of record Trial of issues of file a stipulation in writing with the clerk waiving a jury; upon the trial of an issue fact by the court of fact by the court, its decision shall be given in writing and filed with the clerk; in giving the decision, the facts found and the conclusions of law shall be separately stated.

The review of the judgment or decree entered upon such findings by the supreme court Appeals and of the United States, upon appeal or writ of error, shall be limited to a determination writs of error. of the sufficiency of the facts found to support the judgment or decree entered, and to the rulings of the court in admitting or rejecting evidence offered, and in the construotion of written documents produced and admitted ; the supreme court may affirm or modify or reverse the judgment or decree entered, or may, in its discretion, order a new trial or further proceedings to be taken.

III. DISTRICT COURT. 12. The said state is hereby constituted a judicial district of the United States, within 3 March 1859 & 2. which a district court, with the like powers and jurisdiction as the district court of the United States for the district of Iowa, shall be established. 13. The judge, attorney and marshal of the United States for the said district of

Ibid. & 3. Oregon, shall reside therein ; * * and the marshal and district attorney for said district shall be entitled to the same compensation and fees as the marshal and attorney compensation of for the district of Iowa.

14. The salary of the district judge of the United States for said district shall be 22 June 1860 2 2. three thousand dollars.

15. A term of the district court of the United States for the district of Oregon shall 19 Feb. 1864. 8. be held at the city of Portland, in the state of Oregon, on the first Monday of March, and on the first Monday of July, and on the first Monday of November, of each year. Terms of the dis

IV. LAND OFFICES. 16. That the president of the United States be and he is hereby authorized to estab- 3 July 1866 & 1. lish an additional land district in the state of Oregon, and to fix, from time to time, the boundaries thereof, which district shall be named after the place at which the office Additional land shall first be established ; and the president shall be authorized hereafter, from time to time, as circumstances may require, to adjust the boundaries of any and all of the land districts in said state, and change the location of the land office, from time to time, when the same shall be expedient. 17. The president is hereby authorized to appoint, by and with the advice and con

Ibid. & 2. sent of the senate, or during the recess thereof

, and until the end of the next ensuing Register and resession, a register and receiver for said land district, who shall be required to reside at ceiver. the site of the office, shall be subject to the same laws and responsibilities, and whose compensation and fees shall be respectively the same per annum, as are now allowed by law to other land officers in said state.

V. COLLECTION DISTRICTS. 18. The collection districts of Cape Perpetua and Port Orford, heretofore established 11 June 1864 21. by law, are hereby abolished, and the same attached to the collection district of Oregon.

19. That Portland, in the state of Oregon, and within the collection district of Ore- 1 July 1864,31. gon, and Leavenworth, in the state of Kansas, and within the collection district of Mississippi, be and hereby are declared to be ports of delivery within their respective Portland to be a collection districts. And there shall be appointed a surveyor of customs, to reside at each of said ports, who shall perform the duties and receive the compensation and emoluments prescribed in the act of congress approved March the 2d 1831,(6) being "An act allowing the duties on foreign merchandise imported into Pittsburgh, Wheel- Surveyor. ing, Cincinnati, Louisville, St. Louis, Nashville and Natchez, to be secured and paid at those places.”

14 Stat. 82.

district.

13 Stat. 125.

13 Stat. 842.

(a) 1 vol. 274.

(6) 1 vol. 588, pl. 30.

What to be dermed conti

Versels to and

Passengers.

[See STEAMBOATS, 2.] 1. What to be deemed contiguous territory.

3. Passenger lists to be delivered to consuls in Mexico and Cene 2. Vessels to and from the Pacific, via Mexico and Central tral America. How disposed of. Penalty for neglect. America.

6. Penalty for presenting false passenger list. 3. Three copies of inspectors' certificate to be given. One to be 7. Passenger laws to be printed. And posted in passenger posted.

vessels. Penalty for neglect. 4. Passenger list to be open to inspection. To be sworn to. 8. Appropriation of penalties. Departure permit. 4 July 1864 & 1. 1. The term “contiguous territory,” in the first section of the act entitled “ An act 13 Stat. 390.

to regulate the carriage of passengers in steamships and other vessels," approved March

3d 1855, (a) shall not be held to extend to any port or place connecting with any interguous territory. oceanic route through Mexico. Ibid. & 2.

2. That the provisions of the 11th section of said act (6) be and the same are hereby

extended to all vessels whose passengers, or any part of them, are or shall be bound from from the Pacific, or to any of the ports or places therein mentioned, by way of any overland route or Central America. routes through Mexico or Central America.

Ibid. & 3. 3. There shall be delivered to masters or owners of vessels three copies of the Three copies of

inspectors' certificates, directed to be given them by collectors or other chief officers inspectors'certif- of the customs, by the 25th section of the act entitled "An act to amend an act entitled cates to be given. • An act to provide for the better security of the lives of passengers on board of vessels

propelled in whole or in part by steam,' and for other purposes," approved August 30th 1852,(c) one of which copies shall be placed and at all times kept by said masters or

owners in some conspicuous place in the vessel, where it will be most likely to be disOne to be posted. covered by steerage passengers and the others, as now provided by law; and the penalty

for neglecting or refusing to place and keep up such additional copy shall be the same

as is provided by the said 25th section, in the other cases therein mentioned. (d) Ibid. & 4.

4. The list of passengers required to be kept by section thirty-five of the said act of Passenger list to August 30th 1852, (e) shall also be open to the inspection of any passenger, during all be opeu to inspec- reasonable hours; and after any clearance is granted, but before the vessel shall

be allowed to depart, the master or other person in charge of such vessel, carrying passengers, shall file with the collector or other officer of the customs granting the clearance, a list, verified by the oath of the master, or other agent or owner of the vessel, of all passengers received or to be received on the vessel so cleared, for conveyance, during the proposed voyage, designating cabin and steerage passengers distinctly; and on the receipt by such customs officer on the full list so verified, a departure permit shall be given, without which no vessel conveying passengers shall go to sea ; and such depart

ure permit shall be shown to the pilot of each vessel before he shall have authority to Penalty for take the vessel to sea; and any pilot who shall, without such authority being shown neglect.

to him, pilot a vessel to sea, shall be subject to a fine of one hundred dollars, and a

revocation of his license. Ibid. & 5. 5. The master or commander of any vessel carrying passengers from any port or Passenger lists to ports in the United States to any port or place in Mexico or Central America, shall,

immediately on arriving at such last-mentioned port or place, deliver to the United States consul, vice-consul or commercial agent at such port, two copies of the list of passengers required to be kept on such vessel by said section thirty-five of the act of August 30th 1852, (e) embracing all the passengers on board the vessel, at any time during its voyage, up to its said arrival, and duly verified by the oath of such master or com

mander, and by the inspection of the consul, vice-consul or commercial agent, previous How disposed of. to or at the landing of the passengers; one of which copies the said consul, vice-consul

or commercial agent shall file in his office, and the other of which he shall transmit,

without delay, to the collector of the port in the United States from which the vessel Penalty for last cleared. And if such master or commander shall refuse or neglect to comply with neglect.

the requirements of this section, or shall knowingly make a false return of the list of passengers, he, together with the owner or owners of said vessel, shall be subject to a fine of not less than ten thousand dollars, and such fine shall be a lien upon the vessel

until paid. Ibid. 87.

6. If the owner or owners, master, commander or other person in charge of any steamPenalty for pre- boat or other vessel, shall wilfully present or cause to be presented any false or frauduSenglereiset.se pas. lent list or lists of its passengers, or copies thereof, to any consul, vice-consul, commercial (a) I vol. 717, pl. 1.

(d) See United States v. The Manhattan, 3 Blatch. C. C. 270. (6) 1 vol. 720, pl. 11.

le) 1 vol. 858, pl. 62. (c) 1 vol. 855, pl. 43.

To be sworn to.

be delivered to consuls in Mexi. co and Central America,

agent, collector or other custom-house officer, or of the departure permit, to any pilot, he 4 July 1864. or they shall be held guilty of misdemeanor, and on conviction thereof, shall be imprisoned for a term not exceeding two years; and the vessel shall be liable to seizure and forfeiture.

7. The secretary of the treasury shall cause to be prepared a synopsis of such of the Ibid. & 8. laws relating to the carriage of passengers, and their safety, on vessels propelled in Passenger laws to whole or in part by steam, as he shall think expedient, and have the same printed in be printed. convenient form to be framed under glass, and give to any such vessel two copies, on application of its owners or master, who shall, without unnecessary delay, have the same framed under glass, and place and keep them in conspicuous places in such vessel, in the same manner as is provided by law in regard to certificates of inspectors; And posted in and no clearance shall be issued to such vessel until the collector or other chief (officer) passenger vessels. of the customs shall be satisfied that the provisions of this section shall have been complied with by such owners or master. And in case such owners or master shall neglect Penalty for or refuse to comply with [the] provisions of this section, he or they shall furthermore neglect. forfeit and pay for each offence one hundred dollars, and such fine shall be a lien upon the vessel until paid. 8, Informers shall be entitled to one-half of any penalty or fine collected under this

Ibid. & 9. act, or the said act of March 3d 1855, upon their information.

Appropriation of penalties.

Patents,

I. PATENT OPTICE.

11. Examiners-in-chief. Their duties. Appeals to the com

missioner. 1. Salaries of commissioner, chief clerk and librarian. 2. Models of rejected applications to be restored, or otherwise

12. Appeals to examiners-in-chief regulated.

13. Fees not to be refunded. Feo for caveat not to be credited disposed of. When models may be dispensed with. 3. Repeal of act 3 March 1857 X 10.

to applicant. Notice to caveators, how computed. Improve 4. Appointment of additional examiners. Expenses limited to ments

not to be included in reissued patents. receipts.

14. Patents may be issued for original designs. Term of such 5. Commissioner may require papers to be printed. His juris- patent. Fees. Extensions. diction over patent agents.

15. Applications not completed within two years to be cousi

dered abandoned. Exceptions. 6. Fees. 7. Descriptions and claims to be printed. Expenses.

16. Duration of patente. Extensions prohibited. 8. Additional examiners.

17. Renewal of oath dispensed with. 9. Rooins to be rented. Moneya received to be paid into the

18. To be void on non-payment of patent fee within six months. treasury without abatement. Reports of expenditures.

19. Time for payment of patent fee extended.

20. Fees on appeal to examiners-in-chief. II. APPLICATIONS FOR PATENTS.

III. MISCELLANEOUS PROVISIONS. 10. Commissioner to establish rules for taking depositions, &c. Subpoenas. Process of contempt. Pay of witnesses. Not to be

21. How notice of patent to be given. required to disclose their own secret inventions. Fees and ex

22. Cortified copies of letters patent to be evidence. penses to be tendered.

12 Stat. 247.

missioner, chief clerk and libre

I. PATENT OFFICE. 1. The salary of the commissioner of patents, from and after the passage of this act, 2 March 1861 24. shall be four thousand five hundred dollars per annum; and the salary of the chief clerk of the patent office shall be two thousand five hundred dollars; and the salary of the Salaries of com: librarian of the patent office shall be eighteen hundred dollars. 2. The commissioner of patents is authorized to restore to the respective applicants, rian,

Ibid. & 5. or when not removed by them, to otherwise dispose of, such of the models belonging to rejected applications as he shall not think necessary to be preserved; the same authority Models of rejecto is also given in relation to all models accompanying applications for designs. He is be restored. or further authorized to dispense in future with models of designs when the design can be pobed wire dissufficiently represented by a drawing.

3. The tenth section of the act approved the 3d of March 1857,(a) authorizing the Ibid. & 6. appointment of agents for the transportation of models and specimens to the patent office, is hereby repealed.

4. The commissioner is further authorized, from time to time, to appoint, in the manner Ibid. 27. already provided for by law, such an additional number of principal examiners, first Appointment of assistant examiners, and second assistant examiners, as may be required to transact the additional exacurrent business of the office with despatch; provided the whole number of additional

Expenses limited examiners shall not exceed four of each class, and that the total annual expenses of the to receipts. patent office shall not exceed the annual receipts. 5. The commissioner may require all papers filed in the patent office, if not correctly,

Ibid. & 8. legibly and clearly written, to be printed at the cost of the parties filing such papers. Commissioner And for gross misconduct he may refuse to recognise any person as a patent agent, either may require par generally or in any particular case ; but the reasons of the commissioner for such refusal His jurisdiction shall be duly recorded, and subject to the approval of the president of the United States. over patent

agents. (a) 1 vol. 724, pl. 14.

« ForrigeFortsett »