USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 15
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On motion, a committee of five was appointed to examine the Laws and report to this meeting such amendments as they deem proper ; whereupon, Dr. H. Warne, Wm. B. Osborn, Isaac Miller, J. W. Hull and David Ripley, were duly appointed said committee.
Subsequently-on the 15th day of February, A. D. 1861- at a Miners' Meeting called by the President of said District, at the house of G. J. Jones, Esq., for the purpose of receiving and taking action upon the Report of said committee, David Ripley was appointed Chairman, and Wm. B. Osborn chosen
1 Independent District, Laws . . . revised and adopted February the 15th, A. D. 1861. Denver, 1861. The pamphlet is the property of the State Historical and Natural History Society.
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Secretary,-and the committee appointed at the previous meet- ing reported the following Code of Laws, which were adopted :
BOUNDARIES
Section 1. Commencing at the foot of Bald Mountain, on the East, and running North to Gamble Gulch, thence West to Moon Gulch, thence following the meanderings of said Gulcli to its head, thence South to the divide between Boulder and Clear Creek, thence along said divide in an easterly direction to the East line of Independent District running North and South, thence North to the place of beginning.
OFFICERS
Section 2. There shall be one President, one Sheriff, and one Recorder, who shall be elected annually, on the second Tues- day of September, by the legal voters of the District, and hold their respective offices until their successors are elected and qual- ified; each of whom shall take an oath faithfully and impar- tially to perform their respective duties according to law and the best of their ability; and each shall have power to appoint one or more Deputies.
ELECTIONS
Section 3. The Recorder and Sheriff, together with three other clectors, shall compose the Election Board, each of whom shall take an oath that they will studiously endeavor to prevent all fraud and deceit in conducting the same. But if the Re- corder or Sheriff should be a candidate, or fail to attend, the voters present shall fill their vacancies by other voters; two of whom shall be clerks, and the other three judges of said election. If there should be any vote challenged by any elector, either of the clerks or judges may administer any oath necessary to de- termine the right of said voter. Polls are to be opened at nine o'clock, A. M., and closed at six o'clock, P. M. At the close of the polls, the clerks and judges shall canvas the votes, and the persons receiving the highest number of votes for the respective
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offices shall be declared duly elected, and said Board shall issue certificates of election to the several officers, according to their respective offices.
Section 4. Any white person, who has attained the age of sixteen years and resided ten days in the District, shall be entitled to a vote at all meetings and elections. At all elections for officers the vote shall be by ballot, and at all meetings as the President may direct.
SHERIFF
Section 5. There shall be elected by the qualified voters of this District a Sheriff, who shall hold his office until the next annual election, and until his successor is elected and qualified, whose duty it shall be to serve all processes issued by the Court; and before entering upon the duties of said office, he shall give bond, with good and sufficient security to the acceptance of the Court, for the faithful discharge of said duties. He shall be conservator of the peace; and take an oath that he will faith- fully and impartially discharge all and singular the duties per- taining to said office.
VACANCIES
Section 6. Any officer resigning, or removing from the District, shall be required to deposit all the books, papers, money, &c., belonging to the District, or pertaining to his office, with the remaining officer or officers of the District, which officer or officers shall immediately call an election to fill such vacancy.
COURTS
Section 7. The President shall be the Judge of the Min- ers' Court of the District, and any person, having any cause of action, shall file with the President the cause of complaint written in plain English language, and a prayer that the adverse party may be summoned to appear and answer to said com- plaint, and if the defendant appears, he shall file his answer in writing as above stated ; whereupon the Judge shall summon the
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defendant to appear at a given time and place mentioned in said summons, which shall not exceed ten days from the issue of said summons. And if the defendant fails to appear, the Judge may proceed to try the cause, and render judgment according to law and evidence; and if the parties appear, they may submit their cause to the Court or three arbitrators, one of whom shall be chosen by the parties respectively, and, if the parties or their referees cannot agree upon the third arbitrator, the Judge shall appoint the third referee, and when the parties so submit their case to referees, as aforesaid, the decision or award shall be final, and the Judge shall proceed to enforce said award as upon judgment at law. If either party shall require a jury, the Judge shall write the names of twelve judicious, disinterested electors of the District, and each party may strike from said list, alter- nately, beginning with the plaintiff, one name, until only six remain, and the Judge shall issue his venire for a jury of the aforesaid six, and when assembled, each party shall be entitled to one peremptory challenge and also a challenge for good cause shown by the testimony of the jurors or other disinterested per- son, and the Sheriff shall fill the pannel with talesmen for all vacancies that may happen by reason of non-attendance or chal- lenging of said jurors. All juries shall be sworn by the Judge to try all causes according to law and evidence. Either party may have an adjournment, not exceeding ten days, upon proper cause shown under oath. Costs, in all cases, shall be taxed as the referees, Court or jury trying the same, may direct. Either party may have a right to an appeal from the decision of the Court or jury of six, if he give notice of appeal at the rendi- tion of the judgment or verdict, and pay all costs within five days from the rendition of the judgment or verdict. And when an appeal is so taken, the Judge shall write the names of twenty- four good, disinterested voters of the District, as in the afore- said jury list, from which each party shall strike therefrom, as in the jury of six, until only twelve remain, and proceed in all respects the same as in the aforesaid jury of six, and the deci- sion of the said jury of twelve shall be final, and the judge shall proceed to final judgment and award execution according to law.
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Section 8. All legal claims, whether in law or equity, shall be fairly tricd by the referces, Court or jury, as the parties may elect, and judgment shall be rendered by the Court accord- ingly, upon which said judgment the party recovering shall be entitled to interest at the rate of ten per cent. per annum from the date thereof until paid, and the Court shall proceed to issue execution thereon, for the amount found due, with interests and legal costs ; but any rate of interest agreed upon in writing be- tween the parties shall be lawful.
Section 9. The Judge of the Miners' Court shall keep a docket of all proceedings had before him; shall be allowed two dollars and fifty cents per day for presiding at each trial, (and when the Recorder shall preside in his stead, he shall be allowed a like sum) ; shall be allowed twenty cents per hundred words for making out all necessary papers, except writs of original service and execution, for each of which he shall be allowed fifty cents ; for rendering judgment, fifty cents, and making up docket twenty cents per hundred words; for each transcript, duly certified, twenty cents for each hundred words. The Judge, Recorder and Sheriff are hereby empowered to admin- ister all oaths, and perform all other duties pertaining to their respective offices, and which are required by law.
NOTICE OF ELECTIONS AND MEETINGS
Section 10. It shall be the duty of the President to give at least ten days' notice of the time and place of holding any election of officers of the District, naming the officers to be elected, and shall call a meeting of the miners, upon the applica- tion, in writing, of twenty-five legal voters of said District, stat- ing the object for which such meeting is called, and he shall preside at all public meetings and perform all other duties per- taining to his said office.
DEPUTIES
Section 11. The President shall have power to deputize any one or more of the miners to serve papers, &c., that he may deem proper, and any person so deputized shall proceed to dis-
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charge the duties required of him by law. Upon the commence- ment of any suit, the Judge may, at his discretion, require the plaintiff to deposite money, or give security, for all costs that may accrue.
JUDGMENT AND EXECUTION
Section 12. A judgment shall be a lien upon all property of the defendant from the time of its being rendered and the Judge shall issue execution forthwith upon judgments including interest and costs, which shall be made returnable ten days after the date thereof, and the Sheriff shall give public notice of the time and place of sale of all property levied upon by him, which shall be by written advertisements posted in three public places in the District at least six days before the sale thereof, and all such property shall be sold to the highest bidder at public out- cry to satisfy the execution and accruing costs. But if the said property cannot be sold for want of bidders, unless at great sac- rifice, or if the plaintiff order him so to do, the officer having charge of the sale may adjourn said sale any length of time not exceeding ten days. In all cases of real estate sold upon exe- cution, the defendant shall have the privilege of paying the principal, interest and costs, with ten per cent. interest per an- num thereon, and said property shall revert to said defendant, or his legal representatives, the same as if such sale had not been made, and the officer selling any real estate as aforesaid, shall not execute a deed to the purchaser thereof, until after the ex- piration of thirty days. Common wearing apparel, bedding and twenty dollars' worth of tools, shall be exempt from execution.
PROBATE
Section 13. The Judge and Recorder shall have power to choose a third person, and have probate jurisdiction of a de- ceased person, if said deceased had no relatives within the knowledge of said officers, but if the deceased has relatives or creditors in the District, they may apply and take out letters of administration, by complying with such rules as the Presi- dent may adopt, and property shall be disposed of by the Court
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or administrator to the best advantage to the creditors and heirs of the deccased, and the proceeds paid over to the proper persons entitled thereto, according to directions of the President.
VIGILANCE COMMITTEE
Section 14. It shall be the duty of the President to ap- point a Vigilance Committee, consisting of four persons, to ex- amine into and report all criminal violations of the laws of this District, who shall serve for the period of three months, or until displaced by the President; and said committee shall receive one-half of fines arising from their investigations, the other half to be paid into the District treasury. But the informant shall be liable, at all times, to all costs that may accrue, provided there is no cause of action.
LAWYERS
Section 15. No practicing lawyer, or any other person having been admitted as such in any State or Territory, shall be permitted to appear in any cause pending in this District, as attorney or agent of any person, except he himself is a legal party to said suit ; and if a lawyer should be a legal party to any suit, the opposite party may also employ counsel in his case, if he chooses so to do, but in all other cases lawyers shall not be admitted.
OUTSIDE DEBTS
Section 16. No debt or demand of any kind shall be col- lected by suit in this District which has not originated either in coming to this mining region, or since the arrival of such debtor therein.
DUTIES OF RECORDER, &C
Section 17. It shall be the duty of the Recorder safely to keep the books and records of the District, and to file and re- cord all proper papers, upon payment of his fees, and to act as Secretary at all public meetings of the District. The books of records shall always be open to the inspection of all persons,
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never to be taken from the possession of the Recorder. All per- sons shall be entitled to copy any record, at any time, and the Recorder shall deliver over all books and records to his successor in office. In case of absence, interest or inability of the Presi- dent, the said Recorder may act in all cases in his stead. He shall be entitled to fifty cents for each deed, mortgage, bill of sale or other writing necessary to be recorded, containing one hundred and fifty or a less number of words, and, for every hundred words or fraction thereafter in addition, twenty-five cents. In all cases fees must be paid in advance. Each deed, mortgage, or bill of sale, shall be witnessed by two witnesses. No transfer of any claim of any kind shall be valid, unless the fees are paid for all original records heretofore made in regard to said claim.
Section 18. All certificates of claims of any description remaining in the Recorder's office, upon which the fees are not paid on or before the first day of July next, shall be advertised to be sold, stating the time and place of sale, the number and kind of claim, which shall be sold by said Recorder at public sale to the highest bidder, after giving ten days' notice, and if said claim shall sell for a greater amount than will pay the Re- corder's fees, all overplus shall go into the District treasury for the use of the District. The purchaser at said sale shall acquire a valid title therefor by the Recorder certifying on the back of said certificate a transfer by said sale, for which the Recorder may receive twenty-five cents from the purchaser, in addition to the amount bid for said claim.
WRITS OF ATTACHMENT
Section 19. Upon the application of any person holding a legal claim against a non-resident debtor, or any debtor about to abscond or move out of the jurisdiction of the Courts, or about conveying or concealing his property to the injury of his creditors, or secreting himself within the District so that legal service cannot be had, or fraudulently conveying or concealing his property to defraud his creditors, upon filing an affidavit setting forth any of the aforesaid facts, and the amount and na-
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ture of his claim, and paying or securing the costs, as the Court directs, the Judge shall issue a writ of attachment to attach all the goods and chattels, lands and tenements, monies, credits and effects, of the debtor, within the District. Notice of the issue of said writ shall be given by the plaintiff, by posting up written advertisements in five conspicuous places in said District, within twenty-four hours after the issue of said writ, stating the time and place where said cause will be tried, which shall not be less than six nor more than ten days from the issue of said writ, and if the defendant or his legal agent appears, he shall have a fair trial, and if he fails to appear the Court shall proceed to hear and determine the cause according to law and the equity of the case, and render judgment and award execution as in other cases, and the property attached by the officer shall remain in possession of said officer until the final termination of said suit, and be sold as other property of the same nature, upon the exe- cution issued upon such judgment. But if the defendant is a resident of the District, he shall be served with a personal notice.
GARNISHEE
Section 20. Garnishee process may issue as part of the original writ, to be served on both defendant and garnishee where the defendant is a resident, or separately, as the nature of the case may require, or it may issue after execution is re- turned unsatisfied ; and, in either case, if the garnishee shall pay the demand over to the defendant, after legal notice, he shall still be held liable to the amount of the plaintiff's judgment and costs, if he was indebted to that amount when service was made, and if in a smaller sum, the amount he was indebted at the time notice was served.
WRIT OF REPLEVIN
Section 21. Any person being in possession of personal property of another, the opposite party may file with the Judge of the Court an affidavit setting forth the name of the defend- ant, or defendants, with a description of the property claimed, and that he is justly entitled to the possession thereof, and that
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said property is wrongfully detained by said defendant or de- fendants, and that said defendant or defendants refuse, upon demand thereof, to give it up, and upon said plaintiff paying or securing costs to the satisfaction of the Court, the Court shall issue a writ of replevin for said property, and a summons for the defendant or defendants to appear before him at a time and place in said summons mentioned, to answer unto said plaintiff for the unlawful detention of said property; and the officer to whom said writ is delivered shall take possession of the same, and notify the defendant or defendants to appear before the Court, at the time and place mentioned in said writ, to answer unto said plaintiff for the unlawful detention thereof; and if the Plaintiff file a bond, with security to the satisfaction of the defendant or defendants or the Court, within twenty-four hours from the service of said writ, said property shall be delivered to the plaintiff, and if he fails so to do, the property shall be re- turned to the defendant or defendants, and the plaintiff and his securities shall be liable on their bond for all costs and damages, to be assessed forthwith by the Court or jury as the parties may elect; and if it appear, upon the trial of the cause, which may be had as in other civil cases, that the right of possession is in the plaintiff, then the Court shall render judgment against the defendant or defendants for damages and costs, according to the award, judgment or verdict, as the case may require, and issue execution as in other civil cases.
EJECTMENT
Section 22. Any person being in possession of real estate claimed by another, the claimant may institute his suit of eject- ment, which shall be proceeded in as in other civil cases and de- cided according to law and the equity of the case, and if the claimant sustain his action the defendant shall be removed, by order of the Court, within five days from the trial of the cause, and pay all costs; and, in default thereof, the Judge shall issue a writ of possession, or execution, as the nature of the case may require. If the plaintiff fail to establish his claim, he shall be
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liable to the defendant for all costs and damages, to be deter- mined as in other civil cases.
LIENS
Section 23. Any person performing labor or furnishing material for any buildings, claim, or other kind of work, at the request of the owner or agent thereof, shall be entitled to a lien upon the same for the amount of such labor performed, or ma- terial furnished, provided said lien is filed and recorded within thirty days from the time said labor was performed or material furnished, and all conflicting liens shall have priority according to their respective origins if filed and recorded as aforesaid.
SUNDAY
Section 24. The officers of this District shall not be com- pelled to perform any civil business on Sunday. Sunday shall not be counted against any persons staking claims on Saturday.
PUBLIC HIGHWAYS
Section 25. There shall be appointed by the President three Road Commisioners, one of whom shall be a practical sur- veyor, who shall take to their assistance such other assistance as they may need, and proceed to lay out and establish all neces- sary public roads and passways for this District, which shall be surveyed, marked, measured and platted, and make returns thereof to the Recorder of the District forthwith, and said Re- corder shall record the same. All streets running up and down the Gulch shall be forty feet wide, and cross streets twenty feet wide; cross strects to be located on the lines of building lots, taking ten feet from lots on each side of said cross streets. Per- sons performing service under this Section shall be entitled to two dollars and fifty cents per day, for all time necessarily em- ployed in the discharge of their respective duties, said amount to be paid out of the District treasury, upon the order of the President, out of any money not otherwise appropriated.' Said roads or passways are not to interfere with previous improve-
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ments, or if they do, to pay the damages assessed by three dis- interested men to be chosen by the President.
Section 26. Any person obstructing any public road or passway, to the hindrance or inconvenience of the public, shall be liable to any fine that may be assessed against him or them by the Court or jury, together with costs of suit, and, moreover, be liable to a like fine for every twenty-four hours that said ob- struction shall remain.
TUNNEL CLAIMS
Section 27. If any person shall locate a tunnel claim in this District, for the purpose of working the same, he shall first file a specification of the same with the Recorder, whose duty it shall be to record the same upon the payment of his fees. Said specifications shall state the place of commencement and the termination of said tunnel, together with the names of the parties interested therein. A square stake shall be placed at its mouth, having written thereon the same things hereby made necessary to record. Any person, or persons, engaged in working a tunnel-provided he or they shall comply with the requirements of this law-shall be entitled to two hundred and fifty feet on each side of the center of said tunnel of all lodes that they are the original discoverers of, and also fifty feet on each side of the centre line of said tun- nel of all lodes discovered by other persons after the commence- ment of said tunnel; and said hundred feet last mentioned shall belong to the owners of said tunnel claim, so soon as said tunnel shall be worked to intersect said lode; and such parts of lodes as said tunnel owners are entitled to by this law, shall be held as discovery claims. The line of all tunnel claims shall be sur- veyed and plainly staked, or marked, from the commencement to the termination thereof, prior to the commencement of the work. If any person, or persons, locating a tunnel claim, shall fail to work the same for the period of fifty consecutive days, after the first day of July next, they shall forfeit their claim to said tunnel, but not to the claims they have discovered, and held by virtue of discovery, before the time of said forfeiture. Tun-
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nel claims shall have only the right of way across all lodes that may lie in the course of said tunnel that is staked, marked and recorded according to law.
TOWNS AND VILLAGES
Section 28. Any person, or persons, laying out a village, town or city, in this District, shall crect some prominent monu- ment as a starting point, and file with the Recorder a plat of said village, town or city, within fifteen days, giving a full de- scription of the starting point, the courses and width of streets, size of blocks and lots and numbers of each, and all other things necessary for the location of said village town or city, and the Recorder shall record the same upon payment of his fees.
CLAIMS
Section 29. All claims made on lodes by discovery shall be two hundred feet by fifty wide, a pre-emption claim one hundred feet by fifty wide. All cross lodes within said District shall be the property of the claim owners. Measurement in all cases shall be horizontal. Gulch claims shall be one hundred feet up or down the gulch, extending from bank to bank. Patch claims shall be one hundred feet square. Discovery claims shall be staked and marked as such. All legal claims shall be held as vested rights. Any person shall be entitled to hold one mill site, one water power claim, one gulch claim, one patch claim, one building lot and one village, town, or city lot, one lode claim on each lode, and one tunnel claim, by pre-emption. All claims shall be staked in presence of a witness, (except village, town or city lots, which may be taken by numbers,) and the name of the claimant, and kind of claim, with the date of staking, &c., plainly marked on the stake, and filed with the Recorder within twenty-four hours from the time of staking, and recorded within fifteen days. Filing of all claims shall be free. There shall be no timber claims allowed. No claims shall be valid, if taken by a person not residing in the vicinity of the Rocky Mountains.
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