Amended Act of 1845.
Section 2. That if any person shall hereafter sell, barter, give, or trade any ardent spirits of any kind whatever, directly or indirectly, to any person within the Territory of Oregon, he shall forfeit and pay the sum of twenty dollars for each and every such sale, trade, barter, or gift, to be recovered by indictment in the County Court, or before a justice of the peace, without the form of pleading.
Sec. 3. That if any person shall hereafter establish or carry on any manufactory or distillery of ardent spirits in Oregon, he shall be subject to indictment before the County Court, as for a nuisance, and if convicted, he shall be fined the sum of one hundred dollars, and the court shall issue an order to the sheriff, directing him to seize and destroy the distilling apparatus, which order the sheriff shall execute.
Sec. 4. Whenever it shall come to the knowledge of any officer of this government, or any private citizen, that any kind of spirituous liquors are being distilled or manufactured in Oregon, they are hereby authorized and required to proceed to the place where such illicit manufacture is known to exist, and seize the distilling apparatus, and deliver the same to the nearest district judge or justice of the peace, whose duty it shall be immediately to issue his warrant and cause the house and premises of the person against whom such warrant shall be issued to be further searched, and in case any kind of spirituous liquors are found in or about said premises, or any implements or apparatus that have the appearance of having been used, or constructed for the purpose of manufacturing any kind of spirituous liquors, the officer who shall have been duly authorized to execute such warrant shall seize all such apparatus, implements, and spirituous liquors, and deliver the same to the judge or justice of the peace who issued the said warrant. Said officer shall also arrest the person or persons in or about whose premises such apparatus, implements, or spirituous liquors are found, and conduct him or them to said judge or justice of the peace, whose duty it shall be to proceed against such criminal or criminals, and dispose of the articles seized according to law.
Sec. 5. All the fines or penalties recovered under this act shall go, one-half to the informant and witnesses, and the other half to the officers engaged in arresting and trying the criminal or criminals, and it shall be the duty of all officers into whose hands such fines and penalties may come, to pay over as directed in this section.
Sec. 6. This act shall not be so construed as to prevent any practicing physician from selling such liquors for medicines, not to exceed half a pint at one time.
Sec. 7. That it shall be the duty of the secretary to publish this act in the first newspaper published in Oregon.
I, John E. Long, secretary of Oregon, do hereby certify that the foregoing act on ardent spirits is truly and correctly revised by me.
John E. Long, Secretary.