Early Oregon Land Law IV
Bill Long 7/22/06
Revised Oregon Organic Act of 1845--Article III
Here is the final Article of the Organic Act of 1845.
Article III
Sec. 1. Any person now holding, or hereafter wishing to establish a claim to land in this territory, shall designate the extent of his claim by natural boundaries, or by marks at the corners and upon the lines of such claim, and have the extent and boundaries of said claim recorded in the office of the territorial recorder, in a book to be kept by him for that purpose, within twenty days from the time of making said claim; PROVIDED, That those who shall be already in possession of land, shall be allowed twelve months from the passage of this act, to file a description of his claim in the recorder's office; and PROVIDED FURTHER, That the said claimant shall state in his record, the size, shape and locality of such claim, and give the names of the adjoining claimants, and the recorder may require the applicant for such record, to be made to answer, on his oath, touching the facts.
Sec. 2. All claimants shall, within six months from the time of recording their claims, make permanent improvements upon the same by building or enclosing, and also become an occupant upon said claim within one year from the date of such record or, in case not occupied, the person holding said claim shall pay into the treasury the sum of five dollars annually, and in case of failure to occupy, or on failure of payment of the sum above stated, the claim shal lbe considered as abandoned; PROVIDED, that no non-resident of this territory shall have the benefit of this law; and PROVIDED FURTHER, That any resident of this territory, absent on his private business for two years, may hold his claim by paying five dolalrs annually to the treasury.
Sec. 3. No individual shall be allowed to hold a claim of more than one square mile, or six hundred and forty acres, in a square or oblong form, according to the natural situaion of the premises. Nor shall any individual be allowed to hold more than one claim at the same time. Any person complying with the provisions of these ordinances, shall be entitled to the same recourse against trespass, as in other cases by law provided.
Sec. 4. Partnerships of two or more persons shall be allowed to take up a tract of land, not exceeding six hundred and forty acres to each person in said partnership, subject to all provisions of the laws; and whenever such partnership is dissolved, the members shall each record the particular parts of said tract as may be allotted to him, PROVIDED, That no member of said partnership shall hold a separate claim, at the itme of the existence of said parnership.
Sec. 5. The boundary lines of all claims shall hereafter conform, as near as may be, to the cardinal points.
Sec. 6. The officers elected at the general election, held on the first Tuesday in June, 1845, shall be the officers to act under this organic law, and their official acts, so far as they are in accordance with this compact, are hereby declared valid and legal.
Sec. 7. Amendments to this instrument may be proposed by the house of representatives, two-thirds of the members concurring therein, which amendments shall be made public in all parts of Oregon, and be read at the polls at the next succeeding general election, and a concurrence of two-thrids of all the members elected at said election, may pass said amendments, and they shall become a part of this compact.
Signed, by J. E. Long (no relation!), Secretary.
1981
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