Page:History of Oregon volume 1.djvu/360

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IOWA STATUTES THE MODEL.
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have such a head, yet they were instructed by the people against it, and against taxation for the support of a government. They had evaded the issue by recommending to the public the appointment of an executive committee of three, which plan was finally adopted, but not without considerable discussion and amendment.

    statute of Iowa Territory applies, the principles of common law and equity shall govern.

    'Art. 13. That the law of Iowa Territory regulating weights and measures shall be the law of this territory—provided, that the supreme court shall perform the duties of the county commissioners, and the recorder shall perform the duties of the clerk of the county commissioners, as prescribed in said laws of Iowa—and provided, that 60 pounds avoirdupois weight shall be the standard weight of a bushel of wheat, whether the same be more or less than 2,150 2–5 cubic inches.

    'Art. 14. The laws of Iowa Territory respecting wills and administrations shall be the law of this territory, in all cases not otherwise provided for.

    'Art. 15. The law of Iowa respecting vagrants is hereby adopted, as far as adapted to the circumstances of the citizens of Oregon.

    'Art. 16. The supreme court shall hold two sessions annually, upon the third Tuesdays in April and September; the first session to be held at Champoeg, on the third Tuesday of September 1843, and the second session at Tualatin plains, on the third Tuesday of April 1844. At the sessions of the supreme court, the supreme judge shall preside, assisted by 2 justices—provided, that no justice shall assist in trying any case that has been brought before the court by appeal from his judgment. The supreme court shall have original jurisdiction in cases of treason, felony, or breaches of the peace, where the sum claimed exceeds $50.

    'Art. 17. All male persons, of the age of 16 years and upwards, and all females of the age of 14 and upwards, shall have right in engaging in marriage, provided that where either of the parties shall be under the age of 21, the consent of the parents or guardians of such minors shall be necessary to the validity of such matrimonial engagement. Every ordained minister of the gospel, of any religious denomination, the supreme judge, and all justices of the peace, are hereby authorized to solemnize marriages according to law, to have the same recorded, and pay the recorder's fee. All marriages shall be recorded by the territorial recorder, within one month from the time of such marriage taking place and being made known to him officially. The legal fee for marriage shall be $1, and for recording the same 50 cents.

    'Art. 18. All offices subsequently made shall be filled by election and ballot in the several districts, in the most central and convenient place in each district, upon the day appointed by law, and under such regulations as the laws of Iowa provide.

    'Art. 19. Resolved, that a committee of 3 be appointed to draw up a digest of the doings of the people of this territory, with regard to an organization, and transmit the same to the United States government, for their information. Resolved, that the following portions of the laws of Iowa, as laid down in the statute laws of the territory of Iowa, enacted at the first session of the legislative assembly of said territory, held at Burlington, A. D. 1838–9; published by authority, Du Buque, Bussel, and Reeves, printers, 1839; certified to be a correct copy by William B. Conway, secretary of Iowa Territory—be adopted as the laws of this territory;' then follow the titles of the laws alphabetically arranged, with the pages where they are to be found in the above-described edition of the Laws of Iowa. Grover's Oregon Archives, 28–32; Hines' Oregon Hist., 426–31; Gray's Hist. Or., 353–7.