USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 10
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GILPIN COUNTY RECORDS
form and manner as in the Supreme Court, who shall proceed to hear the evidence and try the case. Both Pltff and Deft shall be allowed three peremptory challenges. Appeals may be taken from this court to the Supr. Court by the appelants paying the cost already accrued. Bonds shall be given before either party shall be entitled to an appeal to the Supreme Court to pay any judgment or cost which may be rendered against him or them in said Court. The verdicts of all Jurys, either in this or the Supr. Court must be unanimous.
Section 3rd The Sheriff or Const. shall have power to serve notices and executions and he shall have power to summon parties and put parties in possession of property deemed by law to be wrongfully withheld from them, to summons Jurors and to do such other services as a Shff or Const. in any other place may do and shall be entitled to receive double the legal fees pro- vided by the statutes of Kansas.
4th The Judge of the Supreme Court and the Just. of the Peace shall be entitled to five dollars for trying each case.
5th The Jury and witnesses shall be entitled to $2.50 each day for their services.
6th The defeated party in each suit shall be liable for all costs which if not paid within ten Days, the court before which said suit is tryed shall enter up Judgment of the same and forth- with issue execution which shall be levied on any property ex- ept tools, Bedding, Clothing and cooking utensils of said party by the Sheriff or Const. and sold at public sale after giving ten Days notice of said sale.
7th In all cases when suit is commenced the Pltff must give security for all Costs and in case he, the Pltff, fail to give the necessary security, the case may be discharged thereupon.
8th The fee of the Recorder shall be 50cts for each pre- emption claim and one Dollar for each Deed, Bill of sale, or article of agreement, also it shall be the duty of the Recorder to take charge of and safely keep all records heretofore made by his predecessor. All persons pre-empting claims and having them recorded must pay the Recorder within ten days after the
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PLEASANT VALLEY NUMBER 10 DISTRICT
time they are recorded, otherwise they forfeit their claim or claims.
9th No miner shall be allowed or entitled to more than one 1 gulch, one Mountain or lode claim and one patch claim also one water claim, exept by purchase or discovery and in case of purchase, the Bill of Sale or Deed must be witnessed by at least two disinterested witnesses, which shall be recorded within five days after the sale thereof if he is not working the same.
10th No claim shall be held as good and valid unless it be staked off and the owners name correctly written thereon, and when claims are held by Companies the name of each member must appear on the claim and be renewed as often as by design or accident they may be obliterated or destroyed, or else by hav- ing the certificate of preemption or Bill of sale or Deed of pur- chase recorded in the books of the District.
11th All claims shall be worked within ten Days after they are staked off in case they are in a condition to be worked, otherwise forfeited discovery claims exepted and also one pur- chased claim to each man, provided however that this Section shall not be so construed as to render it necessary when large companies have claims in one body that each particular one must be worked at the same time.
12th In all cases when claims are legally held by Com- panies but detached from each other by intervening claims, it shall not be necessary for said Company to work in each claim to hold them all provided the Co. are at work on one or more of theyr claims.
13th In all cases where claims are held by recording either by preemption or purchase the name of each member must appear on the record of said claim or clainis.
14th Be it enacted that the owner or owner [s] of a claim or claims shall have the right of way through the adjoining claim or claims below to put in a ditch to drain his claim or claims, provided it shall be judicially located by three dis- interested miners. And if the owner or owners of the claims
1 In the later copy the number is three.
5
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GILPIN COUNTY RECORDS
through which the ditch passes shall stop or destroy said ditch, the damages shall be assessed by three disinterested miners and colleeted as other debts and fines.
15th No miner shall run tailings or throw waste dirt or rock upon the adjoining claims without permission of the own- ers of said elaims exept such as will naturally run in the water from the Tom, Rocker or Sluice, when washing and then they will not be permitted to throw them out of the ditch upon the adjoining claim without leave of the owner of said elaim, any one violating the provision of this aet shall be liable to the in- jured party for the damages, which shall be assessed by three disinterested miners.
16th The President only shall have power to call an annual meeting on the first day of September in each year and at such other times as the miners of this District shall deter- mine, whenever a petition of 10 Citizens, actual Residents, shall sign a call to that effeet, and no person shall be allowed to vote until he shall have lived in the District ten Days. The Presi- dent shall give three days notice of each and every meeting by posting three notices, one in each of the most conspicuous plaees in the District.
17th Be it enacted that any miner that in any manner obstruet the free passage of water to or from a Sluice, Tom or Roeker, or builds a dam that will back water on the elaim above or cause the same to be built shall be liable to the injured party for the damages which shall be assessed by three disinterested miners.
18th And be it further enaeted that either Plaintiff or Defendant in any suit commenced or pending in this District and to be decided by the laws of the same, shall have power to change or remove the said suit by change of venue or otherwise to the next nearest adjoining District for trial by filing an affi- davit before the Court and before the Jury is sworn, that said court is a prejudiced party or an important witness in the case.
19th All records that are made after the passage of this aet shall admitt of parole testimony provided there shall be any descrepancy in the Records.
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PLEASANT VALLEY NUMBER 10 DISTRICT
20th All acts or laws or part of either heretofore passed or in use in this District which conflict with any of the nineteen forgoing section are hereby repealed.1
LAWS REGARDING LODE CLAIMS AND QUARTZ MILL SITES &c2
Acording previous notice of Meeting of the Miners of Plas- ant valley district No 10 convened at the house of W. S. Spear to adopt Som Laws in regard to Lode Claims And Mill prive liges the Meeting Was Called to order by Chas Shetler, Pres. and, R. Montgomery Was Elected Secretary of Said Meeting the object of the Meeting was then Explained by Chas Shetler. Pres.
on Motion of R. Courtright a Comittee of three Should be appointed to draft Resolutions and Laws in regard to Mill previ- leges &c
W Scott - A. F. Dunshee Comitte appointed Montgomery
the Comitte then retired to draft resolutions to be adopted by the Meeting. Report of Committee was Adopted as followes
Whereas A. 1. adopted Resolutions
Articel 2nd
‹‹ 3rd
4th
5th With amendments Carried as follows
Resolved that any Quartz Claim Which have been pre- empted or purchased during the past year or pre-empted or Pur- chased the present year Shall hold good untill the 1st day of June A.D. 1860 by Recording said Claim acording to the pres-
1 The next entry in the manuscript is dated October 30, 1860. For the sake of chronology other material is here inserted. Another copy of the laws of May 9, 1860, with slight variations, occurs at a later point in the Teller Manuscript.
2 Minutes from this point through September 3, 1860, were taken from Pleasant Valley Number 10 District, Records.
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GILPIN COUNTY RECORDS
ent laws of the district. Motined and Seconded that the meet- ing ajouren Carried
R. Montgomery, Secretary F Howard Recorder of Pleasant Valley district N 10
Pleasant Valley district No 10
Whereas the Succes of the country depends mainly upon the development of quartz Lods. & Whareas it requires Capital to intreduce the Necessary Machinery to Wit Quartz Mill &c. &c therefore we as Miners & Cityesens deem it proper right & Necessary to offer Suitabell inducements to this Kind of Capi- tal. therefore be it Resolved first that any person or persons who will put up a quartz Mill this Season Shall be Entitled to 200 feet up and down the Gulch & 400 hundred feet Wide. for a Mill Site. & in case any Claim. for Mining. or house Claim Shall have been located upon Such Site, previous to the location of the Quartz Mill, Sluch Claim Shall be respected unless posi- tively required for Room, when Said Claim Shall be appraised by a Committee of three to be Selected by the president of the District. Which apprisement Shall be Paid to the owner-
2nd. Resolved that Quartz Mill Sites Shall have the pref- erance as to title & Water & no mining Shall be allowed upon Such Site Without Consent of the owner
3rd Resolved that 80 acres of Timber Shall be allowed for Each Quartz Mill. upon the claimants having the Same Sur- vayed Marked out & recorded in the district
4th Resolved that any Quartz Claims Which have Been pre-empted or Purchased during the past year Shall hold Good untill the 1st day of June A.D. 1861.
5th Resolved that the required evidence of the intention of Persons to put up Mills Shall be Working upon Said Site untill Said Mill is Erected & the intentions of these mils is that No one Shall take up Mill Sites for the purpose of Speculation Walter Scott A. F. Dunshee
R. F. Montgomery
F. Howard Recorder of Pleasant Valley District No 10
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PLEASANT VALLEY NUMBER 10 DISTRICT
Notice
Acording to the petition directed to inc of Ten of the Min- ers, of this district for a Miners Meeting to pass a Law Relative to Farming Claims in this district apoint a meeting of the Min- crs of this district on Monday Evening August 20th at 7 oclock at Mr. Oldhams Store Lake Gulch Quincy City.
August 17th 1860 Plasant Vally district No 10
M. S. White Press
LAW REGARDING FARMING CLAIMS
Pleasant Valley district Aug 20th 1860 1 The house Was Caled to orter and H. E. Glazicr Was Appointed as Secretary and the following resolutions Were adopted-
2d Resolved that a farming Claim in this District Shall be 160 acres
3d Resolve that a farming Claim Shall be Recorded and Ocgupide as Such in the (7) Summer Months in order to Make the Claim Good
4th That all persons actually ocuping and Cultivating a farming Claim Shall be entitled to the Timber there on Said Claim
M. S. White Press
F Howard Recorder of Plasant vally H. E. Glazier Secretary
Pleasant Valley district Sept 4th 1860
We hereby certify that A.P. Williams was duly Elected Justice of the peace for Plasant Valley District No 10. on the 3d Sept 1860
A.H. Blair
H. A. Phenney Edward Rolph Judges
H. E. Glazier } Clerks
W. S. Spear
F. Howard Recorder of Plasant Vally District
Pleasant valley district Sept 4th 1860 We hereby Certify that F. Howard was duly Elected Re-
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GILPIN COUNTY RECORDS
corder for Pleasant Valley district No 10, on the 3d Sept 1860
H. E. Glazier
H. A. Phenney - A. H. Blair Clerks Edward Rolph Judges W S. Spear F. Howard Recorder of Plasant Valley District
MINUTES FROM OCTOBER 30, 1860, TO APRIL 20, 1861
1 Pursuant to a call by Anson Ford Esq. President of Pleasant Valley District No. 10, for a meeting of the miners of said Dist. at the mouth of Elkhorngulch on the 30th day of Oc- tober A.D. 1860 at one oclock P.M. the meeting was called to order by the President, and Ben Dittes chosen Secretary. The President after reading the present laws laid them before the assembly for alteration and amendments.
Sections one, two, three, four and five were adopted with- out alteration.
On motion of A. McKaskall Esq. an alteration was adopted in Section six .- The time allowed for paying up costs in any lawsuit was limited from ten to three days and the time for giving notice of a Sheriffs sale from ten to seven Days. Section seven was adopted without alteration. On motion of G. G. Hop- kins Esq. the following amendment to Section eight was adopted. The recorder shall be paid invariably in advance, otherwise the party or parties shall forfeit their claim or claims.
On motion of the same gentlemen the following alteration was adopted in Section nine. No miner shall be allowed or entitled to hold more than three (originally one) gulch claims by preemption.
Section ten was adopted without alteration.
On motion on Section eleven it was resolved that Discovery and purchased claims were exempted from being worked every tenth day.
Sections twelve, thirteen and fourteen were adopted with- out alteration.
On motion the words: "by three disinterested miners"
1 From this point the minutes were taken from the Teller Manuscript.
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PLEASANT VALLEY NUMBER 10 DISTRICT
were struck out in Sections Fifteen and seventeen. Section sixteen was adopted without alteration. Section eighteen was struck out and the following substituted: Be it resolved that all claims shall be represented by their respective owners or their agents, otherwise the claims shall fall back into their normal state and be open for preemption. Section nineteen and twenty were adopted without alteration.
The mecting then on mnotion passed the following Resolu- tion :
Resolved that in the opinion of the convention one more magistrate ought to be created. Whereupon A. Mckaskall Esq. was nominated as Justice of the Peace and duly elected by ac- clamation. On motion the meeting adjourned s. d.
Ben Dittes
Anson Ford
Secretary. President.1
Pursuant to a call of A. Ford Esq, in compliance with a petition, signed by ten miners of P.V.D. No. 10, a meeting was held on Monday, April 20th A.D. 1861 at the house of A. McKaskall Esq.
The meeting was called to order by A. Ford Esq and Ben Dittes choosen Secretary.
The Pres. then stated the object of the meeting, and then advised the miners to acknowledge the independence of the lower end of this Dist. and run a dividing line between the two Dists. Capt J. F. Hall then addressed the meeting and offered a motion whichi after several alterations was adopted as an- nexed below :
On motion of J. F. Hall Esq. the following Resolution was adopted: Resolved that: If the majority of the miners of the lower end of this Dist. wish to be sett off as independ- ent of Pleasant Valley District No. 10, we the miners of said District are willing to relinquish all our right and title of said lower end of P. V. D. No. 10, provided they will appoint a commissioner to cooperate with a commissioner, to be appointed
1 At this point in the manuscript another copy of the laws of May 19, 1860, was inserted.
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GILPIN COUNTY RECORDS
on the part of Pl. V. Dist. No. 10, in running a dividing line between the District.
On motion of J. F. Hall Esq .- A. Marshall was nomi- nated as Commissioner on the part of Pl. V. Dist No 10, to run a line on the lower end of the Dist .- and he was duly elected by acclamation.
On motion of A. Mckaskall, J. F. Hall Esq was nomi- nated as Justice of the Peace and duly declared elected by ac- clamation.
On motion of P. Howard Esq, the meeting adjourned sine die.
Be it enacted that the title to all Lode Mill and Ranch claims recorded in this District from and after the first Day of January, A.D. 1861 shall be regarded and held as perpetual, unless the owner shall by his indifference or neglect of them for the space of one year, proove that he regards them of no value or consequence, in which case his particular title shall cease and become null and void.
Ben Dittes
Anson Ford
Secretary
President
QUARTZ VALLEY DISTRICT
MINERS' MEETING.1
At a meeting of the citizens of "Quartz Valley District," held on the 5th day of November, 1859, John King was called to the Chair, and F. Y. Howe was chosen Secretary.
A motion was then made-and carried-that a new dis- trict, to be known as "Quartz Valley District" be erected accord- ing to the limits prescribed in the following resolutions; to wit :
Resolved, That we the people of Quartz Valley District, hereby enact and create a new district, to be known and called as hereinbefore stated-to be bounded as follows, to wit: On the North by the North branch of Clear creek; on the east, by a north and south line, passing by Castle rock; on the south by the divide between this and Eureka district; on the west by the Snowy range.
The meeting proceeded to the election of the following officers : William H. Hurlbut was elected President, and F. Y. Howe Recorder and Secretary of the district.
Laws were passed for the government of the district.2 The editor of the Rocky Mountain News was requested to publish the proceedings and the meeting adjourned.
Wm. H. Hurlbut Pres't. F. Y. Howe Secretary.
1 Rocky Mountain News, Nov. 24, 1859, p. 1.
2 The laws have not come to light.
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NEVADA DISTRICT
MINUTES, JANUARY 21-SEPTEMBER 28, 18601
Nevada District R. M. Jan 21st 1860
Pursuant to call an adjourned meeting of Miners met at the Burrou[gh]s Tunnel House, for the purpose of adopting laws for their future government, and electing officers to fill all offices created, for the ensuing year. The Meeting was duly or- ganized by electing Dr. J. W. McCabe Pres. and M H Dale Sec. On call the chairman of Committee elected at former Meeting to draft a code of laws read their report. On Motion the report was adopted in a body except such articles as were objected to on first reading. On Motion Art giving privilege to Stake Claims for friends was so amended as to include only persons in the Mines. Art. 2nd was amended by Striking out all relating to garden and timber claims. The Art amended by the committee affixing penalties to any person or persons found guilty of removing, defacing or changing Mining Stakes so as to infringe on any other Mining claim was adopted as amended. Report as amended adopted as a whole. Meeting adjourned to 1 o.c. fixed time for opening poles.
Prest. J. W. McCabe Sect M. H. Dale
Saturday Feb. 4th 1860.
Pursuant to a call of the President the miners of New Nevada District met at the Tunnel house of Burroughs & Co at 4 O.C. P.M. the meeting being called to order the President stated the object of the Meeting which being this that J Beverly late Dept. Recorder Refusing to give up the Books to the pos- session of the late Recorder Elected under the New Laws of this District and for the Miners to take Some efficient means
' The original entitled "Manuscript Proceedings of the Miners' Meet- ings of Nevada District in Gilpin County, from January 21, A. D. 1860, to Sept. 28, A. D. 1860," is the property of the State Historical and Natural History Society. It was presented to the Society by E. F. Wells.
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NEVADA DISTRICT
to place the old Records in the hands of the Recorder Elected and all so in refference to Art 14th which relates to the Timber Law of this destrict which prevents citizens of other Districts coming to this District and felling or halling off timber but hav- ing no penalty attached the timber law then taken up and after a Short debate article 14th refurring to the law on timber was stricken out by a unanimous vote the right of recorders was then taken up and after a short debate it was moved and sec- onded that J. Beverly give over all books and records belonging to the district which he held in his posession to R D Darlington and on motion being put was carried by a unanimous vote the meeting then ajourned.
J. W. Fries President R. D. Darlington Sect.
Nevada District Feb 11th A D 1860
Persuant to call of the President of New Nevada District the miners met at the house of J. R. Beverly at 4 O. C P M the meeting being cald to order the object of the meeting was made knowen by the president reading the following Note dated Feb 6th AD 1860 President Fries the following members of the comittee framing the Laws of this District authorize you to call a meeting of the miners on Saturday the 11th of Feb at 4 O C P. M at the house of J. M. Beverly signed.
J W Bowls John Addis C Sulivan J W McCabe
The object of the meeting was to amend Articles 30th 44th & 47th of the Laws of this district all of which were taken up separately an Discust but on motion to amend ware severaly lost to amend and remain as first adopted.
J W Fries President R D Darlington Sect
New Nevada District Feb 29th A D 1860
Persuant to a call of the President the miners of New Nevada District met at the house of B Burroughs at early candle lighting on the evening of the 29th day of Feb A D 1860 for the purpos of apointing delegats to the convention to be held
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GILPIN COUNTY RECORDS
at Mountain City March 1st A D 1860 for the purpos of Defin- ing the boundaries of Different Districts when upon motion
J W Fries R. D. Darlington Ira H. Morton wher chosen as the delegats to represent New Nevada District in said convention.
after which on motion of I H Morton to amend Article 32nd of the laws in reference to the recorders fee for Recording so as to alow the recorder the sum of fifty cts per every claim recorded in place of 50 cts per every article under one hundred words which amendment was carried.
J W Fries President R D Darlington Sect
New Nevada District April 14th 1860 on call of the Presi- dent with the usual notice the miners met at the house of B. Burroughs in Nevada District for the purpose of considering the propriety of passing sum Law by which miners not having water convenient might be allowed to hold thare claims untill such could be procured but a majority thought the Laws were suficiently explicit so it was not discused President Fries ten- derd his resignation as President of the District on the ground that he was a bout to leave the District which was excepted and on motion of M HI Dale a vote of thank was tenderd Presi- dent Fries for the able manner in wich he fild his office.
On mnotion of Mr. Thomas Giddings that their shall be a regular meetin of the miners of New Nevada District once in each month and to meet on the Last Saturday in each month and any person or persons woshing to have a called meeting can do so by paying in to the hands of the president five Dollars for to pay him for posting Notices for said meeting, which was carried.
On Motion it was resolved that the Justice should call an election for the purpose of election a President in the place of Mr. Fries resigned and as the Justice was not Present the re- corder should notify him of the proceedings of the meeting th meting then ajourned
J. W. Fries President
R D Darlington Sect
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NEVADA DISTRICT
At a Meeting of the Miners of Nevada District held on Sat- urday the 28th of April I HI Morton President the following resolutions were offered.
1st. Resolved that wee will Sustain R. D. Darlington as the recognized Recorder of this District according to Laws Passed at the time of his Election as well as the laws passed at that time to wit Jan 21st A D 1860 Carried
2nd. Resolved that S. M. Link the Recorder elected pre- vious to R D Darlington Shall deliver to Said R D Darlington all the books Records and papers in his possession belonging to this District Carried.
3rd. A Resolution was offered by Mr. Odell that persons bringing suits may at their option commence suit [before ] either the Justice or president and if parties consider themselves ag- grieved shall be granted a change of venue to take the case before the President. Lost.
The following Resolutions were offered by Mr. Pitcher Whereas we the Miners of New Nevada District wish to ad- vance the interests and promote peace harmony order and a good understanding between man & man and believing that the al- lowing Counternancing or encouraging of low Body Houses Grog Shops and gamboling Saloons to be degrading to the Mor- rals detrimental to the sway of peace and order and Disgraceful to the name and character of the District
Resolved that there shall be no Bawdy Houses Grog shops or Gamboling Saloons within the Limits of this District and any person or Company of persons bringing or keeping such nuisances within the limits of this District shall lay himself liable to a fine of $50.00 and be warned to discontinue the Same and if the nuisances is not abated the party or parties so violating this regulation shall be fined $50.00 and given five days wherein to leave the District and it shall be the duty of the Sheriff of this District to See that this law is inforced and one half of the fine for Such offence Shall be given to the Sheriff while the remaining half Shall be Deposited with the president Subject to the order of the miners in Mass Meeting Adopted.
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GILPIN COUNTY RECORDS
On Motion the meeting then ajourned to meet on the Last Saturday in May the time of the next regular meeting
I H Morton President R. D. Darlington Secretary
Monday May 14th 1860
Persuent to a cald meeting of the miners of New Nevada District by the President on the request of A J Edwards the miners met at the tunnel house of B Burroughs at one 1 o c P M on account of absence of the president from the district Mr J Jones was unanimously chosen president protem the meeting being cald to order and after remaining open for sum time and No buisness being brought befor it a motion to ajourn being presented till the Nex regular meeting by the president which was carried the meetin then brok up to meet May 26th the day of the next regular meting.
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