In the county clerk's office are kept the record-books for the county,
and also the maps of the various townships, received from the chief
office at Oregon City. In the record-books are copied all deeds
affecting the title to land in the county. The chief effect of thus
recording deeds is to give such public notice of the object of the deed
that no man subsequently dealing with a fraudulent vender can he
treated as an innocent purchaser without notice, to the injury of the
real purchaser. All deeds affecting land have to be executed in the
presence of two witnesses, and acknowledged before a county clerk or a
notary public. The interest of a wife in her husband's property is
carefully guarded; and, in order to give proper title, the wife has to
join in conveying land to a purchaser.
In addition to the various judicial officers above described, there are
the not-to-be-omitted justices of the peace. Their functions are
extensive: among others, they can perform marriages, and at short
notice, too. I have heard of one justice, known for his expeditious
ways, before whose house a runaway couple halted on their wagon. The
man shouted for the justice, who appeared. "Say, judge, can you marry
us right away?" "I guess so, my son." "Well, then, let's have it."
Whereupon the justice mounted the wagon-wheel, and there stood with his
foot on the hub. "What's your name?" "Jehoshaphat Smith." "Well, then,
wilt thou have this woman, so help you ----?" "Yes." "My fee's a
dollar; drive on." The justice in the city tries for assaults and
drunkenness, and administers for the latter seven days in the
calaboose--a hole of a place in a back alley--detention there no
trifle, especially if, like a tipsy little friend of mine, he finds, on
awaking with his customary headache, that his room-mate is a big
countryman, very drunk, who has the reputation of "smashing everything
up" when he has got what some here call "his dibs."
CHAPTER XIII.
Land laws--Homesteads and preëmption--How to choose and obtain
Government land--University land--School land--Swamp land--Railroad
and wagon-road grants--Lieu lands--Acreages owned by the various
companies.
To make this book useful, I must run the risk of making it tedious by
some account of the land system relating to the preëmption and
homestead laws applicable to the public lands of the State.
It is true that, long since, the prairie-lands of the Willamette Valley
have all been taken up and are in private ownership. But there are very
large tracts indeed of public lands in the hilly and wooded portions of
Western Oregon still open; there is also an abundance of open land in
the fine valleys of Eastern and Southern Oregon available. There are
still upward of thirty million acres unsurveyed out of the sixty
million nine hundred thousand which the State contains.
Public-domain text, read in full here on John Shaqi.
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