The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1868-12-05
LAWS OF OREGON.
PASSED LEGISLATIVE ASSEMBLY, 1868

PASSED LEGISLATIVE ASSEMBLY, 1868.
AN ACT to protect the Owners of Fire.
arms.
WHEREAS, The Constitution Of the
United States, in article second of amend
ments to the Constitution, declares that
right Of the people to keep and bear
arms, shall not be infringed;" and tho
Constitution of the State of Oregon, in
article first, section twenty-seven, declares
that: /" The people shall have the right
TO bear arms for the defense of them
selves and the State )" therefore,
Be ii cnacted Iy The LegistatiUe AssentJly
Of The State Of Oregon, as foltoa0s:
SECTION l. Every white male citizen
of this State, above the age of sixteen
years, shall be entitled to have, hold, and
keep for his own use and defense, the fol-
lowing firearms, TO wit: Either or any
one Of the following named guns, and one
revolving pistol: rife, shot-guns,
double or single barrel, yager, Or musket;
the same to be exempt from execution, in
all cases, under the laws Of Oregon.
6Ee No officer, civil or military, or
other person, shall take from or demand
Of the owner any firearms mentioned In
this act, except where the services Of the
owner are also required to keep the peace
or defend the State.
Approved October Oath, 1868.
AN ACT to facilitate the draining Of
lands, in certain cases.
Be 1t enacted by tie Legislative Assem-
bly, Of tie State Of Oregon:
SECTION 1. Any person whose land Is
so situated that it requires draining, and
when any person or persons owning lands
| adjacent thereto object 10 bitches being
cut or dug on their land, may make APP
plication in writing to the county court
of his county, at regular session thereof,
for the right OF way and privilege to cut
or dig a sufficient ditch or bitches TO drain
his land.
SEC 2. Thereupon the court shall ap-
point three disinterested houscholders of
his county as commission, and cause an
order TO issue directing them to meet on
a day named in such order, and, after
subscribing to an oath or affirmation TO
faithfully and impartially discharge the
duties of their appointment, and after at
least three days notice given to all per-
sons through whose lands such ditch is
to be located
SEC. 8. The said commissioners shall
proceed to locate and mark out the route
so as to do the least damage to the lands
such ditch passes through, and they shall
also at the same time assess the damage
sustained by the person or person owning
such lands.
SEC. f. In assessing damage, they shall
take into consideration the benefit such
ditch will be to the aforesaid lands.
SEc. 5. The commissioners so appoint
ed, or a majority Of them shall make a
report to the county court at the next
regular session thereof, stating the loca-
ton Of the ditch or bitches, the name Of
the person or persons entitled to damage,
and the amount thereof, If any is assessed,
and ifthe county court is satisfied that
the report is just, and, after payment, by
the applicant for right Of way, of all costs
of locating such ditch and the damages,
II any are assessor, the court snaA Gauss
the same to be recorded, and the appli-
cant may proceed to make such ditch,
doing as little damage to the lands it
passes through as possible.
SEC. 6. Any person aggrieved by the
assessment of damages may appeal within
twenty days to the circuit court.
SEC. I. In the absence of a justice Of
the peace, the said commissioners may
administer the aforesaid oath to each
other
SEC. s. No person shall be allowed to
tap or bring water into ditch already
dug without paying reasonable compen-
sation therefor.
SEC. 8. This act shall not be construed
SO as to interfere with the rights of COM
panies or individuals for mining, manu-
featuring or watering towns or cities.
SEC. 10. Inasmuch as there are no
laws on this subject, this act shall be in
force from and after its approval by the
Governor.
Approved Oct, "a, 1868.