Oct. 19, 1864, $659. 6 Or. 342. Oct. 19, 1864, 660. if no punishment is expressly prescribed therefor by this code, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than six months, or by fine not less than fifty nor more than two hundred dollars. § 1898. [675.] If any judge or clerk of an election, or other officer or person on whom any duty is enjoined corruption of by law relative to any election authorized by law, or to Negligence or officers of election. Oct. 19, 1864, $661. Disorderly con the return or canvassing of votes given at any such election, shall be guilty of any willful neglect of such duty, or of any corrupt conduct in the discharge of the same, such judge, clerk, officer, or other person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one year nor more than three years, or by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than one hundred nor more than five hundred dollars. § 1899. [676.] If any person shall behave in a riotous, disorderly, or tumultuous manner at or in the imduct at polls. mediate vicinity of any poll or place of voting during the progress of any election authorized by law, or shall willfully and wrongfully disturb or interrupt the officers or either of them engaged in holding any such election, or any person being in such vicinity and voting or attempting or intending to vote thereat, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than one year, or by fine not less than fifty dollars nor more than five hundred dollars. Oct. 19, 1864, $ 662. Assault upon officer by person impris oned or sentenced to § 1900. [677.] If any person imprisoned in the penitentiary shall, with a deadly weapon, strike, wound, stab, cut, shoot, or shoot at any superintendent, keeper, or assistant keeper of the penitentiary, or other officer or penitentiary. person having the charge or custody of such person so imprisoned, or if any person sentenced to the penitentiary shall, with a deadly weapon, strike, wound, stab, cut, shoot, or shoot at any sheriff, deputy sheriff, or his $662. assistants having the charge or custody of the person so Oct. 19, 1864, sentenced, such person, upon conviction thereof, shall be punished with death. Indictment must charge that accused knew that party assaulted was such an officer as named in this sec- 663. Assault upon sonimprisoned or sentenced to § 1901. [678.] If any person, with intent to effect or Oct. 19, 1864, aid the escape of a person imprisoned in the penitentiary or sentenced to such imprisonment, shall assault any officer to aid officer or person having the charge or custody of the compre person so imprisoned or sentenced, such person, upon penitentiary. conviction thereof, shall be punished by imprisonment in the penitentiary not less than five nor more than fifteen years. $664. Assault upon person impris sentenced to § 1902. [679.] If any person imprisoned or sentenced Oct. 19, 1864, to imprisonment in a county jail, or any building, prison, or place used as or in lieu of a county jail, shall, with a officer by deadly weapon, strike, wound, stab, cut, shoot, or shoot oned or at any sheriff, deputy sheriff, jailer, or his assistants county jail. having the charge or custody of the person so imprisoned or sentenced, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than ten nor more than twenty years. § 665. officer to aid person impris escape of § 1903. [680.] If any person, with intent to effect or Oct. 19, 1864, aid the escape of a person imprisoned or sentenced to Assault upon imprisonment, as mentioned in section 1902 [679], shall assault any sheriff, deputy sheriff, jailer, or his assistant having the charge or custody of the person so imprisoned or sentenced, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than three years, nor more than ten years. oned or sentenced to county fail spirituous near fair grounds; pun § 1904. [681.] If any person shall set up any shop, Dec. 19, 1865,$1. booth, wagon, or other carriage for the sale of spirituous Disposing of or other liquors, or shall sell or give away any liquors liquors on or whatsoever, within the bounds of any ground selected and occupied as a place for holding any agricultural, horticultural, or mechanical fair or public exhibition, or within one mile and a half of any such grounds, without ishment for. Dec. 19, 1865,$1. the written permission of those having proper charge of the same, every person so offending shall, on conviction thereof before any court having competent jurisdiction, be fined in any sum not exceeding one hundred dollars nor less than twenty dollars. Id., §2. Second conviction of same offense. Id., $3. Disorderly conduct before ladies. Id., $4. Arrest for violating § 1905. [682.] If any person shall, after conviction and fine for any offense mentioned in section 1904 [681], repeat the said offense, he shall, if duly convicted thereof, be fined double the penalty imposed by such section for the first violation. § 1906. [683.] If any person shall be guilty of disorderly conduct or of using obscene language before ladies, he shall, on conviction thereof, be fined in any sum not less than five nor more than twenty-five dollars. § 1907. [684.] It shall be lawful for any marshal duly appointed to keep order to arrest any person violating 1904, 1905, or either of sections 1904 [681], 1905 [682], or 1906 [6S3], and take them before the nearest justice of the peace for trial. 1506. Oct. 20, 1882, 26. Laws of 1882, p. 15. Piloting vessel without license. Tan. 18, 1854, §5. Retail liquor dealer not to Sunday. § 1908. Any person who pilots any vessel upon or over the bar or river pilot grounds, not being then a licensed pilot therefor, nor the master or owner thereof, or any pilot who shall demand or receive any greater compensation for piloting a vessel over or upon either of said grounds than is allowed by law, is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail not more than six months, or by a fine of not more than five hundred dollars, or by such imprisonment and fine. The act of which the above is a section applies only to the Columbia and Willamette rivers. § 1909. [685.] No person shall keep open any house or room in which intoxicating liquor is kept for retail, on keep open on the first day of the week, commonly called Sunday, or give, or sell, or otherwise dispose of intoxicating liquors on that day; any person violating this section shall be fined in any sum not exceeding twenty-five nor less than ten dollars for each offense; and such fine to be for the 13 Or. 116. 19 Or. 296. use of common schools in the county in which the offense Jan. 18, 1854, § 5. was committed; provided, that this section, so far as it Proviso. prohibits keeping open a house or room, shall not apply to tavern-keepers. Laws of 1874, § 1910. It shall be unlawful in this state for any per- Oct 26, 1874, § 1. son to barter, sell, give away, or in any manner dispose p. 72. of any intoxicating liquor on the day of any general or Disposing of special election of state, county, or municipal officers, election day. within the state, district, county, or corporation in which such election is held. liquor on § 1911. Any person violating the provisions of this Id., § 2. act shall, upon conviction thereof, be punished by a fine Penalty. of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment in the county jail not less than ten nor more than thirty days, or both, in the discretion of the court. report viola jury. § 1912. It is hereby made the duty of all magistrates, Id., § 3. sheriffs, and constables to report to the grand jury all Officers must violations of the provisions of this act which may come tions to grand to their knowledge in their respective counties; and all fines collected under this act shall be paid into and be- Fines, how come a part of the common school fund of the county in which the same shall be collected. disposed of. p. 71. 16 Or. 107. § 1913. [686.] If any person shall sell, give, or Feb. 16, 1887, § 1, cause to be sold or given, any intoxicating liquor to any Giving liquors, minor in this state, or if any keeper of any saloon, bar- etc., to minors. room, or other vendor of spirituous or intoxicating 13 Or. 116. liquors within this state shall harbor, permit, or suffer 18 or. 373. any minor to loiter or remain in such saloon, bar-room, or other place where such spirituous or intoxicating liquors are sold or kept for sale, or to engage in any game of cards, dice-throwing, or other game of chance, billiards, bagatelle, or other game in such saloon, bar-room, or place aforesaid, either for amusement or otherwise, such person shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than fifty nor more than three hundred dollars, or by imprisonment in the county jail Feb. 16, 1887, $1. not exceeding one year, or by both, at the discretion of the court; and shall also forfeit any license such person Giving liquors, etc., to minors. may have to sell spirituous or intoxicating liquors in less quantities than one gallon, or to keep such saloon, bar-room, or other place for the sale of such liquors; and in all prosecutions under this act, common fame shall be competent evidence in support of the prosecution. This act, comprising only the section above, is entitled "An act to amend an act to amend section 14 of title 1 of chapter 28, General Laws of Oregon, being section 686, chapter 8, Criminal Code, published in 1874 by authority of the legislative assembly of the state of Oregon, as amended October 17, 1876." After the usual enacting clause the act proceeds: "That section 14 of title 1 of chapter 28, General Laws of Oregon, being section 686 of chapter 8 of Criminal Code as published in 1874 by authority of the legislative assembly, be amended so as to read as follows" (as in the text). There is no section 14 of title 1 of chapter 28 of the General Laws, published in 1874; and the entire chapter relates to matters wholly foreign to the subject of this act and to section 686 of Criminal Code. It will be observed, moreover, while the title declares the object of this act to be to amend an act of October 17, 1876, which was itself amendatory of the section as printed in the edition of General Laws of 1874, the body of this act purports to amend the original section, not the amendatory one. Still, I have assumed that designation of section 686 of the Criminal Code, which is upon the same subject-matter as this act, is the controlling element in the descriptive part of both title and body of this act, and that the title therefore sufficiently expresses the subject of the act; and on that hypothesis have inserted this section, as enacted in 1887, in lieu of section 686 of the Criminal Code as amended by the act of October 17, 1876. But as there may be ground to doubt the validity of this act, the section referred to, as amended by the act of 1876 (and which is still in force unless the act of 1887 is valid) is here given: "That if any person shall sell, give, or cause to be sold or given, any intoxicating liquor to any minor in this state, without first obtaining the consent of one of such minor's parents or guardian, in writing, or if any keeper of any saloon, bar-room, or other vendor of spirituous or intoxicating liquors, within this state, shall harbor, permit, or suffer any minor to loiter or remain in or about such saloon, bar-room, or other place where such spirituous or intoxicating liquors are sold or kept for sale, or to engage in any game of cards, billiards, bagatelle, or other game in such saloon, bar-room, or place aforesaid, either for amusement or otherwise, such person shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both, at the discretion of the court, and shall also forfeit any license such person may have to sell spirituons or intoxicating liquors in quantities less than one quart, or to keep such saloon, bar-room, or other place for the sale of such liquor. justice's court shall have jurisdiction of the crime herein defined." 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