USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 14
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Art 54th Be it further enacted That in all cases where a civil action is hereafter commenced in the court of this Dis- trict the plaintiff shall file a bond with one or more good and sufficient sureties conditioned to pay all costs which may be taxed against him in case he should fail to recover judgment in said suit
Art 55th Be it further enacted That in case the costs cannot be collected against the defendant in any cause, wherein the plaintiff shall recover judgment, the said plaintiff shall be held responsible for all costs he shall make in said suit
Art 56th Be it further enacted That upon the return day of a summons either party may call for a jury which shall con- sist of twelve mnen unless a less number shall be agreed upon by the respective parties. A party first calling for a jury shall advance the fees for the same at the rate of one dollar and fifty cents for each juror; and all cases tried by a jury shall be final so far as regards the court of this District When called each party shall have the right to three preemptory chalenges besides chalenges for cause
Art 57th Be it further enacted That if any person shall enter an appeal from the Judge of the court of this District he shall give notice thereof on the same day the first virdict was rendered either by giving a notice in open court or procuring the same to be entered upon the docket of the Court and shall perfect his appeal within three days by paying up all chosts be- fore that time giving security for future chosts and advancing
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the jurors' fces ; the cause shall then set for trial two weeks from the first trial unless sooner agreed upon between the partics
Art 58th Be it further enacted That jurors shall try all causes in equity as well as law and in equity may render special verdicts upon which the court may enter judgment and issue its decree on order
Art 59th Be it further enacted That the defeated party shall be in all cases liable for the costs of suit
Art 60th Be it further enacted That all execusions issu- ing out of the court of this District shall be made returnable in twenty days from date and the Sheriff shall note on cach execu- sion the day he received the same and return the said execusion within the said twenty days whether satisfied or not with his proper return thereon endorsed
Art 61st Be it further enacted That there shall be ex- empt from levy and sale upon execution all tools, for mining, bedding clothing cooking utensils and necessary provisions for three months and in case of a man residing with his family a dwelling house not exceeding five hundred dollars in value and such other articles of household furniture as are strictly neces- sary togather with a bible family pictures and relicts
Art 62nd Be it further enacted That notices of all prop- erty taken on execusion shall be posted in three conspicuous places in the District for the five days next preceeding the sale thereof and the Sheriff may adjourn the sale at any time when it appears that the property posted cannot be sold unless at a great sacrifice for want of bidders
Art 63rd Bet further enacted That money collected on execusion shall be paid into the hands of the court by the Sheriff to satisfy the judgment in whole or in part that may be recorded on his books and the court shall pay the same to the proper parties or their attorney
Art 64th Be it further enacted . That all laws conflicting with those passed by the citizens of this District at a public meeting held on the 13th of December 1860 are hereby repealed and shall cease to take affect after this date; and the laws pass
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at the said time herein before specified shall take affect im- mediately Approved Dec 13th 1860
A motion was made and seconded That in as much as the officers of the District were absent and would be till after their terni of office expire we elect officers under the new laws; mo- tion carried
On motion meeting proceeded to the election of officers which resulted as follows Geo W King was elected President E B Newman Recorder Joseph Babcock Sheriff and C C Walsh Stakemaster
On motion meeting adjourned
E B Newman Sec
MINUTES OF JULY 4, 1861
At a meeting of the miners of Wisconsin District held July 4th 1861 the following business was transacted to wit, Minutes of the last meeting read and approved, Also the laws as revised and adopted Dec 13th 1860 were read
As some dispute arose about the legality of the meeting when said laws were adopted a motion was made & seconded that said laws be again adopted by the voters then present, said motion carried
On Motion a committe of five were appointed by the Presi- dent to make such amendment and additions to the laws as they deemed necessary and to report before said meeting adjourned Said committe consisted of I Janney, E P Hammond W D Slate L Rouschmayer and S. Brown
After a short intermission said committee brought in the following amendments and resolutions, which after being re- ceived and committe discharged were adopted. Amendments Art 7th amended to read thus, Instead of, and one dollar each for all others say " and twenty cents pr folio thereafter
Art 26th amended to read thus All motions made shall be in writing or otherwise ordered by the President
Art 29 amended to read thus, That all claims in this Dis- trict held by preemption purchase or discovery shall be held as
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real estate excep Gulch claims and as herein before provided in regard to Tunnel claims
Article 30th Amended to read (instead of an annual meet- ing that a scemi annual meeting shall be held on the first Mon- day of July and December respectively of each year for the pur- pose of electing officers & c
Art 31st amended thus instead of thirty days, say fifteen days
ADDITIONS
Art 65th Be it further enacted That the President and Sheriff be required to give bonds of two hundred dollars each for the faithful performance of the duties of their respective offices
Art 66th Be it further enacted That all Gulch claims owned by persons residing out of the District are hereby de- claired subject to preemption from July 4th 1861
Art 67th Be it further enacted That all Gulch claims shall be worked one day out of every twenty days from the first of July till the first of October of each year or subject to pre- emption
On motion, it was made a law that every man taking claims should write his name on the stake at discovery and the number he claims
After discussing at some length the propriety of calling another meeting for the election of officers it was finaly settled by a vote of the majority present in favor of another meeting
On motion meeting adjourned
E B Newman Sec
MINUTES OF JULY 8, 1861
At a meeting of the miners of Wisconsin District July 8th 1861 for the purpose of electing officers, the house bein called to order I Janney [blank] were appointed tellers and meeting proceeded to the election of officers which resulted as follows
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Geo W. King was elected President E B Newman Re- corder S V Card Sheriff and E P Hammond Stakemaster
On Motion meeting adjourned
E. B. Newman Sec
MINUTES OF JULY 24, 1861
Mammoth City July 24th 1861
At a meeting of the miners of Wisconsin District held July 24th 1861 the following resolutions were passed
1st Resolved that we grant to the miners of Erick Gulch the privilege of electing a Justice of Peace and Sheriff to serve in that portion of this District Also they are to have the Recorder of this District or his deputy
2nd Resolved That if any person makes his affidavit that he belives he cannot have justice done him before either of the courts of the District he can appeal to the other
3rd Resolved That no appeal can be taken from the courts of this District to the courts of any other District
4th Resolved That the defendant be required to give bonds for costs of suit before he comes to trial or judgment will be rendered against him
5th Resolved that the bonds given by the Sheriff and President be entrusted with the Recorder of the District for safe keeping
On motion meeting adjourned
E. B. Newman Sec
MINUTES OF JULY 27, 1861
Erick Gulch July 27th 1861
At a meeting of the miners of Wisconsin District July 27th 1861 for the purpose of electing a Sheriff and Justice of Peace to serve in a portion of the district known as Erick Gulch or Twelve mile diggings the President being absent [blank] Selser was elected President protem Meeting proceeded to the election of officers which resulted as follows M G. Huey was
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elected Justice of Peace and L Gibbs Sheriff. Election over the following resolution was offered and adopted
Resolved That if any person be found guilty of theft within the limits of this District the punishment for the first offence shall be not more than twenty five lashes on the bare back and for the second offense not more than fifty lashes
On motion mecting adjourned
E. B. Newman Sec
MINUTES OF NOVEMBER 2, 1861
November 2nd A D 1861
Special meeting of the Miners of Wisconsin District.
A Notice of five days being given to meet at Ole Thorsens Cabin fore purpose of electing President Recorder Sheriff Stake Master & to transact such other business as might legally come before the Meeting, on Nov 2nd 1861 at One OC P M. The following was carried or decided, by the President.
There being no officer in the District and all deemed va- cant, the miners called Matthew Stewart to the chair to act as President protem & A Wright Sec.
Meeting called to order by the President who also permits motions to be made if not in writing, whereupon the following motion was made.
That we proceed to elect officers for Wisconsin District by "viva-voci." & carried & resulted in the election of Alpheus Wright President and Recorder. Ole Thorsen Sheriff & Matthew Stewart Stake-Master. After which the following Res- olution was adopted
1st Resolved that a tax of twenty five cents pr claim be levied on all claims in Wisconsin District for the improvement of Roads in said District, that said tax to be paid on or before the first day of June A D 1862 to the Recorder of said District who is hereby authorized to receive the same & made ex officio Treasurer
2nd Resolved that said tax may be worked out by the payor at the rate of three Dollars per day on the Road & board
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himself but said tax must be fully satisfied during the said month of June.
3rd Resolved that in case of failure of the payment of said Tax either in money or work, during the month of June aforesaid, it shall be the duty of the Sheriff of said District on notice by the Recorder & Treasurer to post up notices & sell said claims the same as upon Execution on a judgement, paying such surplus over to the Treasurer.
4th Resolved that in case of sale as aforesaid the Delin- quent owner shall have the right of redemption untill the first day of August 1862 by paying the purchaser the principal & five pr cent a month interest.
5th Resolved that it is necessary to have a Road Super- viser. Whereupon A. Wright was duly elected.
6th That the duty of said Supervisor shall be to inspect, superintend & generally attend to the management of the road building, & shall have power to appoint deputies & shall receive three Dollars pr day for the time actually expended
7th Resolved that inasmuch that the semi-annual election of officers of this District is so near at hand, that this shall be deemed the annual election & shall be valid, and that the officers elected at this meeting shall hold their office one year from the first Tuesday after the first Monday in the Month of November which day shall hereafter be the Annual Meeting & Election day & laws conflicting with this are hereby repealed.
Art 8th Resolved that it shall be the duty of all officers of this District in case of a permanent absence of inability to serve to give five days notice to the District, of his or their in- tended resignation
There being no further business the Meeting adjourned "Sine Die"
Alpheus Wright Secretary
CLIMAX DISTRICT
MINUTES AND LAWS1
Mammouth City Aug 20th 1860
At a meeting of the miners on South Boulder Creek John Lane was chosen Chairman and Ed L Moody Secretary
The object of the meeting being stated to organize a mining District on Middle Boulder Creek and to make Rules and regu- lations for the preservation of order The following named Gentlemen E B Newnam J Babcock and W P Hendrickson were chosen to draft said rules and regulations and were re- quested to make their Report on the 26th day of August 1860
On Motion the meeting adjourned to meet Aug 26th 1860 at the house of W D Slate & Co
John Lane Chairm.
Ed L Moody Sec
August 26th 1860
The Meeting was called to order by the Chairman where- upon E B Newnam Chairman of the Committee on Resolution made the following report which was unanimously accepted by the Meeting
Art 1st The District shall be known by the name of Climax
Art 2nd The Bounderies of said District shall be as fol- lows to wit Commencing at the north west corner of Wisconsin District and running in an Easterly direction to the N.E. corner of said District thence North four miles thence West to the sum- mit of the Snowy range thence in a southerly direction to the place of begining
Art 3rd The Officers of said District shall consist of a President Recorder Constable and Steak Master, Elected by a
1 Wisconsin District, Book C. Climax District was annexed to Wis- consin District in December, 1860.
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majority of the Claim Holders of said District and hold their respective Offices for a term of six months
Art 4th It shall be the duty of the President to preside at all meetings of the District issue Warrants and Subpoenas to qualify Witnesses and decide on all points of Law order &c.
Art 5th It shall be the duty of the Recorder to record all Claims and Deeds in the District Write the reports of the meet- ings of the District and at all reasonable hours open his books to the inspection of any person.
Art 6th It shall be the duty of the Constable to serve Notices Subpoenas Warrants & C.
Art 7th It shall be the duty of the Stake Master to stake off claims whenever called on so to do
Art 8th Water Claims shall be 250 feet in length on a line with the stream with width sufficient for Mill or Raster [arasta ] purposes more or less and taken on the main stream by numbering from a tree designated by the first Claiment, and on all tributary streams numbering from their mouth up
Art 9th Lode and Gulch Claims shall be taken by num- bering on a stake or tree at or near the Discovery hole
Art 10th Lead Claims shall be 100 feet long by 50 feet wide, and Gulch Claims shall be 100 feet long by 50 feet wide following the meanderings of the stream
Art 11th The Discoverer of a Claim shall be entitled to one Claim for Discovery and one by preemption Art 12th No person shall be entitled to more than one Claim on a Lode or Gulch by preemption
Art 13th All claims shall be recorded within eight days after being taken and may be held as real estate
Art 14th The Claim Holders of said District shall meet semi annually for the purpose of electing Officers
Art 15th There shall be no Liquor selling or Gambling Establishment in said District
Art 16th The President shall be allowed a fee of five dollars for issuing the necessary papers and sitting on each suit, for all other business he shall be allowed no fee
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CLIMAX DISTRICT
The Recorder shall be allowed fifty cents for recording each Deed Claim &c.
The Constable shall be allowed twenty five cents per mile going and returning for all necessary distances traveled serving papers. Also a fee of fifty cents for each warrant served, and twenty five cents for serving each Subpoena or Notice
The Stake Master shall be allowed fifty cents for staking each Claim
After the addoption of the Resolutions, On Motion W L Conant was elected President Ed L Moody Secretary J Bab- cock Constable and E W Andree Stake Master
On Motion meeting adjourned to meet Sep 8th 1860
John Lane Pres Ed L Moody Sec
Sep 8th 1860
Met according to previous adjournmient. There being no business to transact the meeting adjourned until September 15th 1860
W L Conant Pres
Ed L Moody, Sec
September 15th 1860
Met in accordance to previous adjournment The meeting was called to order by the President and the report of the last meeting was read and accepted Whereupon the following reso- lutions were offered and adopted
Resolved that "The Valley City Town Company" be al- lowed to claim three hundred and twenty acres as a Town Site by having it recorded within fourteen days after claiming the same; and erecting a comfortable dwelling house on the said Town Site
Resolved That any person shall be entitled to preempt 160 acres of land by having the same recorded within fourteen days after claiming the same
Resolved that Art 13th of the District Laws be amended by striking out the word eight before days and inserting fourteen
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GILPIN COUNTY RECORDS
On Motion meeting adjourned for three weeks
Ed L Moody Sec
Oct 23rd 1860
At a special meeting of the Claim Holders of Climax Dis- trict Ed L. Moody offered his resignation as recorder of said District which was accepted
On Motion Ed B Newnam was elected recorder
On Motion meeting was adjourned
Ed. B. Newnam Recorder Climax Dist
CENTRAL DISTRICT
MINUTES OF MAY 15, 18601
This meeting has met according to previous notice & the Laws ware addopted with the amendment of the time for open- ing claims, instead of being the 15th of May, to be the 1st day of June
A. McLeod. Sect., A. Jameson, Judge of Election T. Taylor. do do
Mr. Wm. J. Phelps, was appointed Deputy President by an unamous vote
By a vote of the within meeting a committee consisting of L. G. Bowers, Beta Warner, Oliver Thomas, T. Taylor, A. Jameson & W. J. Phelps were appointed to investigate the Rec- ords of the September Organization on Lump Gulch & establish the claims made by the first three of the committee as accord- ing to said record
Thos. Dunston, A. McLeod, John H. R. Dunstan, Recorder.
FROM LUMP GULCH2
Central District, Dec. 14, [1860].
Editors News :- We don't enjoy the benefit of a local press here, on which account our advantages and mineral wealth, &c., as well as our talents "are born to blush unseen," unless we avail ourselves of the News as a medium of publicity.
Our District is situated some six miles nearly north of Gregory, and although it is somewhat new and undeveloped, pos- sesses, I believe, advantages and resources not excelled, and
' This is on the last page of Central District, Book A.
2 Daily Rocky Mountain News, December 18, 1860, p. 2.
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GILPIN COUNTY RECORDS
scarcely equaled, by any district in the mountains. It appears, from the records, that a little more than one hundred quartz lodes have been discovered, and not one of them, which has been opened twenty feet in depth, but prospects well. The Gold Dirt lode las gained a world-wide reputation, but there are several other lodes here and that the only advantage which Gold Dirt possessed over some others was that the quartz was so decom- posed that it could be washed to advantage without the aid of mills.
We have labored under some disadvantages here for want of machinery, but our section is beginning to attract attention, and many are coming in now. There are from four hundred to five hundred inhabitants here now, which is as many or more than wintered in the Gregory diggings last winter, and one year from this will see our place a formidable rival to the Gregory region.
We have passed a law setting apart one claim on each lode for a school-fund, and also laws to prohibit the sale of intoxi- cating liquors, and I submit to you, Mr. Editor, if that is not an indication of a prevailing sentiment in favor of morality and intelligence. We invite, and welcome to our midst, every one who comes here to get a living honestly. We shall be glad to have men with capital and machinery come among us, and equally glad to have the laborer here ; but horsethieves, gamblers, grog-sellers and black-legs, will not find it a desirable locality to settle in. We are so ignorant here that we can see no differ- ence in favor of the man who takes advantage of his fellow's mental weakness to rob him of his money and make a beast of him besides-putting "a thief in his mouth to steal away his brains"-and the man who takes advantage of his neighbor's physical weakness to rob him of his purse, and lets him go sound in mind and body.
I shall, by your permission, take pleasure in keeping you, and the public, through you, posted in relation to our prospects and successes here , and for the present subscribe myself, Yours, &c., "Doc."
INDEPENDENT DISTRICT'
MINUTES.
At a meeting of Miners held on Mammoth Gulch near the foot of Longs Peak on the nineteenth day of May A.D. 1860. on Motion Van Zumwalt was appointed President and Hiram Hammit Secretary.
Upon Motion the following Resolutions were adopted :
Resolved :
That inasmuch as Gold has been found in various Gulches and Loads in this Part of the Rocky Mountains we therefore deem it expedient to emmidiately form a Mining District, elect Officers and adopt such Rules and make such laws as will tend to the peace and harmony of persons that may be engaged in Mining in said District.
On motion the following Officers were elected :
Van Zumwalt as President and Hiram Hammitt as Re corder.
On motion it was agreed, that said District shall be Known by the name of Independant District
On motion the following Committee was appointed to draft Laws and report the same on our next meeting, T. L. Heffener, E. B. Fitts and B.F. Dunn, Comittee.
On motion it was agreed, that the Boundery lines of said District shall commence at the North-West Corner of Wisconsin District thence North with the Snowy Range three miles north of the Main-South Boulder, thence East to the mouth of East Gulch, then South [to] the North East Corner of Wisconsin District, thence West with said District to place of beginning.
On Motion it was agreed to meet Fryday the 25th of May 1860 at van Zumwalt at 2 oclock.
H. Hammitt Recording Secretary
1 Wisconsin District, Book I, contains the minutes and laws of Inde- pendent District.
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GILPIN COUNTY RECORDS
MINERS' MEETING, MAY 25, 1860
Officers all present.
On Motion the Gregory-Laws were taken up, and the fol- lowing Sections adopted :
An act defining claims and regulating the Title thereto.
Of the Gregory law of February 18, 1860, Independent District adopted sections 1-3, 8, 10-14, 16-18, 20, and 22-25. Section 9 was adopted but with material changes.
Section 9. Be it further enacted that Gulch Claims need not be worked till the fifteenth of July and Load-Claims not till the fifteenth of July A.D. 1800 and Sixty One.
AN ACT IN RELATION TO THE OFFICERS OF INDEPENDENT DISTRICT, THEIR DUTIES, TERM OF OFFICE AND FEES
Section 1 Be it enacted by the citizens of Independent district in convention assembled that there shall be elected in this district upon the fifteenth day of July in each year the fol- lowing officers who shal each hold their respective offices for the term of one year unless they shall sooner die resign or be re- moved from ther offices for misconduct by the citizens of this district viz a President a Judge of the Miners Cort and a Re- corder who shal be ex officio Secretary and Treasurer of this Dist
Sections 2-4 are the same as the Gregory act. Section 5 of the Gregory act was not adopted, and section 5 of the Inde- pendent act introduced material which is not found in section 6 of the Gregory act.
Sec 5 Be it further enacted that the fees of the Recorder shall be fifty cents for each claim or instrument in writing re- corded and such other fees for district business as the citizens shall allow and the Judge of the miners cort five dollars for pre- siding at each trial and doubel the fees allowed by the laws of Kanzas for making out the papers proper for him to make.
Sections 6-8 of the Independent District act correspond to sections 7-9 of the Gregory act, but the Independent act con-
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tains the following provisions which do not appear in the Greg- ory act.
Sec 9 Be it further enacted that five days notice shall be given in case of trial or to call a meeting of miners
Sec 10 Be it further enacted all claims shall be taken by number at the recorders office and numbering from discovery claims
On Motion an Sec Judge was Elected R.M. Brisee was elect
No further buisness apearing the Meeting ajorned
H. Hammitt Recording Sect
LAWS REVISED AND ADOPTED FEBRUARY 15, 18611
OFFICERS OF THE DISTRICT.
President. Dr. H. Warne.
Recorder. W. B. Osborn.
Sheriff.
B. F. Hunter.
LAWS
At a meeting of Independent District held at the office of the President of said District, on the 15th day of January, A. D. 1861, for the purpose of amending and revising the Laws of said District, Dr. H. Warne was called to the Chair and Wm. B. Osborn was appointed Secretary.
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