AN ACT

RELATIVE TO CERTAIN PROPOSITIONS MADE
BY THE CONGRESS OF THE UNITED STATES
TO THE PEOPLE OF THE STATE OF OREGON.

[Approved June 3, 1859.]

Whereas, the Congress of the United States did pass June 3, 1859. an act, entitled, "An act for the admission of Oregon Preamble. into the Union," approved the fourteenth day of Febru ary, one thousand eight hundred and fifty-nine; which said act contains the following propositions for the free acceptance or rejection of the people of the state of Oregon, in the words following: "§ 4. The following propositions be and the same are hereby offered to the said people of Oregon, for their free acceptance or rejection, which, if accepted, shall be obligatory on the United States and upon the said state of Oregon, to wit: First, that 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. Second, that seventy-two sections of land shall be 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 commisssoner 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. Third, that ten entire sections of

June 3, 1859.

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. Fourth, that all salt springs within said state, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said state, the same to be selected by the governor thereof, within one year after the admission of said state, and when so selected, to be used or disposed of on such terms, conditions, and regulations as the legislature shall direct; provided, that no salt spring or land, the right whereof is vested in an individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall, by this article be granted to said state. Fifth, 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 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 bona fide purchasers thereof; and that in no case shall non-resident proprietors be taxed higher than residents. Sixth, 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 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; therefore,

§ 1. That the six propositions offered to the people of June 3, 1859. Oregon in the above-recited portion of the act of Con- Propositions by Congress gress aforesaid be, and each and all of them are hereby, accepted. accepted; and for the purpose of complying with each and all of said propositions herein before recited, the following ordinance is declared to be irrevocable without the consent of the United States, to wit:

senting to con.

tached to

Be it ordained by the Legislative Assembly of the State of Ordinance asOregon, that the said state shall never interfere with the ditions atprimary disposal of the soil within the same by the propositions. United States, nor with any regulations Congress may find necessary for securing the title in said soil to the bona fide purchasers thereof; and that in no case shall non-resident proprietors be taxed higher than residents; and that the said state shall never tax the lands or property of the United States within said state.

CODE OF CIVIL PROCEDURE.'

CHAPTER I.

OF THE FORMS OF PLEADINGS IN CIVIL ACTIONS.

TITLE I.-OF THE FORMS OF ACTIONS.

II.—OF THE TIME OF THEIR COMMENCEMENT.

III. -OF THE PARTIES THERETO.

IV.

V.

VI.

OF THE PLACE OF TRIAL.

OF THE MANNER OF THEIR COMMENCEMENT.
OF THE PLEADINGS.

VII.-OF THE COMPLAINT.

X.

XI.
XII.

- OF THE REPLY.

GENERAL RULES OF PLEADING.

OF MISTAKES IN PLEADINGS AND AMEND

XIV. OF THE RECOVERY OF PERSONAL PROPERTY.
XV.

OF ATTACHMENT.

The "Code of Civil Procedure was reported by a commission previously appointed, consisting of Matthew P. Deady, James K. Kelly, and Addison C. Gibbs, and was passed at the session of the legislative assembly of 1862, and approved October 11th of that year. The act, section 1167, provided that it should "take effect from and after a day to be appointed by the governor," who was to give notice thereof by proclamation. Under this provision the governor issued his proclamation on March 27, 1863, appointing Monday, June 1, 1863, as the day on which the act should take effect.