USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 16
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Section 30. No lode shall be recorded, unless the lode or
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crevice is exposed by actual work, and gold discovered by wash- ing or otherwise. The discoverer may have sixty days to open and prove the lode and file for record, and no lode claim, as a pre-emption, shall be valid, until the discovery claim is filed and a name given to said lode.
WATER POWER, &C.
Section 31. All water powers shall have twenty feet head on all streams large enough to run mills, and shall hold the same as vested rights. All mill sites shall be one hundred feet square to build upon. Building lots shall be fifty feet front and one hundred feet back.
TIMBER
Section 32. All timber on quartz claims shall belong to the owners of the claims, and where lodes run near each other, the timber shall be equally divided between the respective own- ers; and timber on all other claims shall belong to the owners thereof.
WATER COMPANIES
Section 33. When water companies are engaged in bring- ing water into any portion of the mines, they shall have the right of way secured to them, and may pass over any claim, road or ditch, but shall so guard themselves in passing as not to injure the party over whose ground they pass.
SHERIFF'S FEES
Section 34. The Sheriff shall receive for his services the following fees, to-wit: $ cts.
Serving Summons, for each person therein named. 25
Writ of Mandamas. 50
Subpoena, for each person therein named. 121/2
Serving Writ of Attachment 75
Replevin 75
" Order or notice of Court. 25
Executing order of Arrest. 25
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INDEPENDENT DISTRICT
$ cts.
Taking each Bond.
25
All copies necessary to complete the service, for each hundred words, or fraction over, or less number of words
10
Summoning each Juror.
Talesman 71/2
Serving in criminal cases. 50
Attending Prisoner before court or jury. 50
For each mile travel, computed each way.
5
Appraisement of Property .
75
Advertising Property for Sale, besides actual expenses.
75
Levying Execution 50
Selling Property on Execution or order of Sale. 50
Making Deed for Property sold upon Execution
1 50
Attending court, per day.
1 00
Bringing up Prisoner on writ of habeas corpus, besides actual expenses 75
For all sums made by sale on execution or order of sale,
not exceeding five hundred dollars, 21/2 per cent ... On all sums over five hundred dollars, one per cent .... If made without sale, on all sums under five hundred dollars, 11/2 per cent., and over five hundred dollars 1/2 per cent ..
All fees not enumerated to be in proportion to those enumerated
Witness' and Juror's Fees, per day . .2 50
NEW LODES
Section 35. Owners of newly discovered lodes, running parallel and within twenty-five feet of a previously discovered lode, shall be entitled to work the same and occupy one-half of the surface between the two crevices for waste dirt, quartz, &c. Hereafter, no lode shall be recognized as crossing a gulch, and whosoever shall discover the course and prove up the lode on the opposite side of the gulch, shall have the right of discovery, as the law provides, and shall also have the right to name the
25
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GILPIN COUNTY RECORDS
lode ; but lodes staked and claimed across a gulch, or an exten- sion of one already discovered on the opposite side, shall be legal, provided they do not interfere with lodes or claims already recorded or being discovered.
CROSS LODES
Section 36. Owners of cross lodes shall have the right to work their crevice up to the crevice of the previously discovered lode, and one-half of the surface, for waste dirt, quartz, &c.
MURDER
Section 37. Any person found guilty of wilful murder shall be hanged by the neck till dead, and then given to his friends if called for, and if not, to be decently buried; and all other crimes not enumerated in these laws shall be punished as the Court or jury of men may direct.
PERJURY OR THEFT
Section 38. Any person found guilty of perjury or theft, shall receive not more than twenty-five, nor less than ten, lashes on the bare back, and banished from the District, and their property confiscated to pay costs of prosecution and damages.
SALTING CLAIMS, &C.
Section 39. Any person found guilty of "salting," as it is termed, or putting gold into either quartz or gulch claims, for the purpose of deceiving, or found guilty of pulling up stakes, or defacing them or in any manner destroying notices or land- marks, shall pay a fine of not less than ten nor more than fifty. dollars, and, in default of the payment of said fine, they shall receive not less than ten nor more than twenty-five lashes upon the bare back, and be banished from the District.
SETTING OUT FIRES
Section 40. Any person who shall wilfully, maliciously, or through negligence, set out any fire in this District, or so that
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INDEPENDENT DISTRICT
it come into this District and destroy any timber or other prop- erty, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as the Court or jury may direct, and be liable to all parties injured thereby.
NUISANCES
Section 41. Every act of commission or omission which may affect the public health or convenience, shall be regarded as a nuisance-and the person or persons causing the same, shall be liable to a fine of not more than one hundred nor less than five dollars, and remain so liable for every twenty four hours that the same may continue, to be determined by the Court or jury according to the aggravated nature of the offence, and it shall be the duty of the officers of the District to see that this Section of the law is put in force.
Section 42. All gambling houses and houses of ill fame or prostitution, shall be considered a public nuisance and treated as such.
BOUNDARIES
Section 43. The boundaries of this District shall remain as fixed by the committee elected for that purpose on the 15th of January last, and as set forth in the first Section of these Laws, and as surveyed and platted by said committee, until changed by a vote of the majority of the legal voters of the Dis- trict, at a meeting legally called by the President of this District for that purpose, or until changed by a committee of Delegates from this and adjoining Districts.
Section 44. These Laws shall take effect from and after their adoption and shall not be altered, changed or amended without the authority and sanction of a majority of the legal voters of the District, at some public meeting legally called for that purpose.
TOLL ROAD
Section 45. John Q. A. Rollins & Co. are hereby author- ized to build a toll road from Gold Dirt, up Gamble Gulch or
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GILPIN COUNTY RECORDS
its vicinity, to connect with a road at the head of Missouri Gulch, that will lead to Central City or Gregory Point, and col- lect toll on the same, not exceeding one dollar for a double team and seventy-five cents for a single team.
We hereby certify that the foregoing is a true copy of the. Revised Laws of Independent District, as passed at a meeting legally called for the adoption of said Revised Laws, which said meeting finished said labors on the 19th day of February, A. D. 1861.
Given under our hands, at said Independent District, the day and year aforesaid.
David Ripley, Chairman. W. B. Osborn, Secretary.
FAIRFIELD DISTRICT
MINUTES AND LAWS.1
Boundaries of Fairfield District, as formed May 28th 1860.2
Commencing at the Discovery claim and from thence run- ning West, or up the creek one mile, and from the Discovery claim down the Creek to the West line of Enterprise District or to the mouth of the Missouri Gulch, and to the Summit of the mountains North and South.
Geo. E. Wilson Recorder and Secy.
Fairfield District Mercer's Gulch, June 25th 1860 Meeting convened pursuant to adjournment.
The committee appointed at the last meeting to revise the Laws adopted at a previous meeting, reported by their chairman that owing to the want of necessary information they were un- able to make a definite report, and asked for further time to re- port in, which On motion of John Cummings was granted.
A motion was made by Mr. Emmerson to the effect that a vote be taken by those present in regard to the ownership of what timber may be in the district, whether to the citizens thereof or to those having Ranches in the District, remarks were made upon the Subject by Messrs Furguson, and Eggers, when Mr. Ferguson moved that the Subject be laid upon the table and a committee appointed to investigate the matter and report at a Subsequent meeting, which motion did not pervail. Mr moved an amendment to the original, which was accepted by W. Emmerson that the timber in Fairfield Dis- trict be considered as public property. Carried.
Meeting adjourned until Monday Evening next.
1 Fairfield District, Journal of Meetings of the Citizens. This is a bundle of unbound sheets.
2 The provision regarding boundaries was placed in the manuscript after the minutes of the meeting of July 9, 1860.
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GILPIN COUNTY RECORDS
Fairfield District July 2nd 1860. Meeting convened pursuant to adjournment.
The committee appointed at a Subsequent meeting to revise the laws formerly adopted by the citizens of this District made the following report which was received, taken up and voted on in Sections and adopted without any further amendments.
Mr. President and citizens of Fairfield District.
Your committee which have had under consideration the Code of Laws as passed at a previous meeting have had the Same under consideration, made Some amendments, such as we deemed right and necessary and therefore Submit the following revision of An Act Defining Claims and regulating the title thereto.
Sec 1 .- Be it enacted by the citizens of Fairfield District, That all mining leads of gold, or any other precious or useful metals, and all mining and other claims shall be held under and defined by the provision of this act.
Sec 2 .- That the term "claim" as used in this District, shall be construed to mean, when applied to a lead one hundred feet, running the length of the Same, and fifty feet in width ; when applied to a gulch one hundred feet, following its mean- derings and extending from bank to bank; when applied to patch or placer diggings, one hundred feet Square; when ap- plied to tunnelling claims, the entire distance intended to run the Same for discovery purposes, as shown by record and the stake at the mouth of the tunnell ; when applied to a Mill claim, the distance of two hundred and fifty feet Square ; when applied to race claims, the distance Staked out to bring water to Mill claim not to exceed in length 750 feet or to interfere with any vested rights; when applied to a ditch claim the entire distance staked out which they intend to run the Same, as shown by the Survey and Stakes ; when applied to a water claim, the exclusive right to use water for mining purposes, upon any ditch or stream not exceeding in distance 250 feet when applied to a farming or ranch claim, one hundred and Sixty acres, when ap-
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FAIRFIELD DISTRICT
plied to a building claim 50 feet front, and one hundred feet deep.
Sec 3 .- That no person shall hold more than [one] Gulch, lead or patch claim in this District except by purchase or dis- covery.
Sec 4 .- That no person shall hold more than one Mill, Race, Ditch, Water, building, Farming or Ranch claim in this District except by purchase.
Sec 5 .- That no claim or claims shall be good and valid, unless staked off with the owners name, giving the direction, length, width, and date when the Same was made and when held by a company the name of each member thereof shall conspicu- ously appear.
Sec 6 .- That Each Discovery claim (mining) shall be marked as such, with the name of a lead also (if a lead) and they shall be Safely held whether worked or not. But no per- son shall be entitled to a discovery claim or any Supposed Lode until he shall open it sufficiently to test its existence.
Sec 7 .- That any claim or claims now held by preemption if abandoned for ten consecutive days after being Staked off, shall be forfeited to any person or Persons who may take up the Same and work them and not abandon them as aforesaid. Pro- viding, unless the person or persons whoso has or shall preempt a claim file with the Recorder a statement thereof wherein he shall describe the claim and aver that it cannot be worked or used profitably for the want of water or proper machinery in which case it shall be safely held until the first day of June A. D. 1861.
Sec 8. That all purchased claims shall be safely held whether worked or not provided they be recorded.
Sec. 9. That when members of a company consisting of two or more shall work one claim of the company, the rest shall be considered as worked by putting a notice of the Same thereon.
Sec 10. That in all cases when parties shall have com- plied with the law as far as possible, priority of claim when hon- estly carried out shall be respected.
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Sec. 11. That all Deeds, Bonds, Contracts, Bills of Sale, or instruments of any kind relating to the conveyance of claims, and bonds, shall be witnessed by at least two disinterested wit- nesses and recorded.
Sec 12. That when any miner shall hold both a gulch and Lead claim by preemption, if one be worked the other may be held without working by recording the Same.
No amendments were made to the following Sections as 13 14 15 16 17 18 19 adopted before, to wit :- Sections : 15 16 17 18 19 20 21 20 21 22 23 22 - of the old laws: Sec. - was so amended, as to 22 23 24 25 24
strike out "1st day of July next", and insert "location thereof"
Sec 24. That all acts or parts of acts conflicting with the provisions of this act are hereby repealed.
Geo. E. Wilson. Chr.
On motion of Mr. Ferguson the committee was granted further time in which to revise the code,
Mr. Emmerson offered the following: which was adopted, Resolved :
That every person or persons owning Mill or Race claims in this district be required to make a good and Sufficient wagon road over the Entire length thereof, to be finished by the 1st day of August next, or forfeit his or their ownership to said claim or claims to any person or persons who may comply with the above provisions within ten days thereafter, and it is also,
Resolved-that owners of Mill or Race claims, complying with the above resolution will be entitled to hold their claims until June 1st 1861 without farther being worked upon.
On motion the meeting adjourned to meet on Monday Evening next July 9th 1860.
Geo. E. Wilson, Secy.
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FAIRFIELD DISTRICT
Fairfield District. July 9th 1860.
Meeting called to order, Judge Pollock in the chair.
Mr. Nagle moved that the boundaries of Fairfield District as heretofore defined be recorded. Carried.
The question arising in regard to the disputed Mill claims, of Moore, Morris & Hunters' some discussion was had when,
Mr. Shadford moved that a committee of three be ap- pointed to investigate the matter and report at the next meeting. Carried.
The Chair appointed Messrs Shadford Mercer & Samuel Cummings on said committee.
On motion the meeting adjourned to meet at the Record- er's office, next Monday Evening.
Monday Evening July 16th 1860.
Recorder's Office of Fairfield District. The meeting was called to order by Judge Pollock.
This being the evening that the committee (which was ap- pointed at last meeting to investigate the disputed Mill claim case) was to make their report, and none of said committee be- ing present, Mr. Moore gave the verbal report of said committee that they had not investigated the matter, and had left it in its original shape. 4
Mr. Hunter moved that the mill case be taken up and set- tled. Carried.
Some discussion was had on both sides when Mr. Nagle moved that the whole Subject be laid upon the table and a com- mittee appointed to investigate the matter and report at next meeting. Carried.
The chair appointed E. Nagle, John M. Roberts and Wm. T. Newell as said committee.
Mr. Shadford tendered his resignation of the office of Pres- ident of this District, which on motion of Mr. Wilson was ac- cepted.
On motion of Mr. Nagle the Recorder was instructed to post 3 notices in the district, notifying the citizens of an election of President at the next meeting, &c
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GILPIN COUNTY RECORDS
On motion of R. Hunter the meeting was appointed to be held at the Recorder's office next Monday Evening July 23d- Meeting adjourned.
Geo. E. Wilson. Recorder.
Satturday Evening Sept 8th, 1860
Recorders office Fairfield Dist
The meeting called to order by judg Pollock .. J. W. Bissell offored the following Resolution
Resolved : that any person residing in this District or any person residing in any outher district and owns A claim in this District and having the Same Recorded shal be A legal voter in this district. And that Sct. (7) of an act in relation to duties of officers fees &c be hereafter repealed
Vance mooved that Mr. Emerson & Smith be judges of the election. Mosion caried. Mr Roberts appointed clerk. Mr Nagle offered notice to adjourn until tuesday night Sep 11th at the Recorders office the poles being declared open, the following candidates was baleted for. for recorder A. P. Vance Tho. Kin- sey Wm. Lawrence J W Dewey, for Sherriff E Nagle, J P Han- nans Wm M Todd. Vance was elected Recordr J P Hannans Sherriff
A. P. Vance Recorder
Fairfield Dist Recorders Office July 23/1860 Metting called to order Judge Pollock in the Chair
Minutes of last read and approved the commitee appointed at the last meting to investigate the Mill Claim made their re- port which was received and committee discharged
The Mill Case being before the Meeting Statements were made by Messrs Hunter, Nagle Moore & Keables when Mr Nagle made a motion to vote by Ballot Carried
Mr Harsh moved that the Parties who first took the Claims & staked them off, & had them Recorded according to Law be declared the lawfull owners thereof, on vote the motion carried
Mr Nagle offered the following which was adopted
Resolved :- That the Office of President of the District be
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FAIRFIELD DISTRICT
hereafter abolished and that the Judge thereof be required to preform the duties heretofore required of the Presidnt of this District
On Motion the meeting adjourned to meet Saturday even- ing July 28th 1860
Geo E. Wilson Sect
Fairfield District Recorders Office. Aug 11th 1860 Meeting called to order by Judge Pollock
Mr Harsh moved that the Boundaries of Fairfield District be extended West to the East line of Eagle District. Motion Carried. after which Mr Harsh offered the following Resolu- tion which was carried
Resolved : that Claims now on record or that may here- after be recorded previous to the 1st day of July 1861 Shall be held good until that time
Mr Emmerson offered the following Resolution which was adopted
Resolved : that all Discoverers of Quartz Lodes be entitled to hold 200 feet for a discovery claim on that lead for the dis- covery of the same instead of 100 feet as has heretofore been the law of this District
On Motion the Meeting adjourned
Geo E. Wilson Sect
Recorders Office Sept 11th 1860
In pursuant to adjournment the Meeting was called to order by Judge Pollock when the following Resolution was read Balloted upon & carried
Resolved : that there be a Road Inspector appointed whos duty it shall be to inspect the Road along the Creek in this dis- trict and deside what portion of Said Road is good & practicable as a wagon Road and what portions are not passable roads for loaded teams
And be it further Resolved that it shall be the duty of said inspector upon unbiased examination to report all portions of said Road not passable & good to the Clerk whos duty it shall be
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to post notices on each portion of the road declared a Nuisance by the Inspector, that unless Said Roads is made a good passable wagon Road for loaded teams within ten days from the time the [notices] are posted each persons water Claim lying oppo- site said condemned Road Shall be liable to be jumped by any person who shall begin work immediately after the time the Notice expires and complete the road within five days from the time of commencment
On Motion Mr Shaw was appointed Said Road Inspector On Motion Inspector was to report immediately to Clerk On Motion Meeting adjourned
A. P. Vance Sect
Recorders Office Fairfield Dist Sept 24th 1860
In accordance to legal notice given by Judge Pollock for a Miners Meeting the Meeting was called to order by Judge Pollock
On Motion of Mr Jones to reconsider the Resolutions passed Sept 11th 1860 in relation to an Act appointing Road . Inspector &c. reconsideration was granted, when on Motion the Said Resolution was repealed by a large Majority
Mr Dewey offered the following as an amendmet to Sect 4th of the Nuisance Law which was adopted 1st. Be it enacted by the Citizens of Fairfield District North Clear Creek that no person Shall be allowed to obstruct or hinder the free recourse or passage of said North Clear Creek by running Saw dust or any filth in Said Stream
2nd And be it further enacted that any person who may violate the first section of this act shall be deemed guilty of mis- demeanor and for the first offence shall be fined in a sum not less than ten dollars nor more than One hundred dollars together with all damages that may accrue by such misdemeanor. And for the second offence shall be fined in a sum not less than One hundred dollars nor more than five hundred dollars together with double the amount of all the damages that may be sus- tained by such misdemeanour
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3rd And be it further enacted that the fines thus accrued arrising from the violation of this law shall become a Road fund and shall be applied on the Roads of this district
Mr Dewey offered the following amendt to Sect 6th of an Act regulating the duties of the Sheriff of this District which on motion was adopted
Be it further enacted by the Citizens of this District that it shall be the duty of the Sheriff of this District to pay strict attention in regard to Nuisances and in case of Nuisances shall notify the parties concerned & in case of resistance shall com- mence suit, according to Law
Mr Harsh offered the following enactment which on motion was adopted
Be it enacted that there shall be a fine against every person or persons that commit damages to the publick Roads Such as taring up Bridges or dislocating any grades of Stone or Earth of the aforesaid Roads or drawing heavy timbers on the ground of Individuals Claims taken for any purpose and damaging said Claims and in case any person or persons shall damage or cause to be damaged the afforesaid Roads or claims they shall be liable to a fine not exceeding One hundred dollars and not less than ten dollars the afforesaid damages to be collected as provided for in the Nuisance Law of Fairfield District and the damages to be appopriated as the Nuisance Law provides
On Motion that the Recorder be required to post 4 Notices of the above Law in as many conspicuous places in this Dist Carried
On Motion the Judge appointed a committee of 3 to in- vestigate the matter in regard to the Nevada Ditch Co taking the Water from this creek & also to concur with the Citizens interested in other Districts who are interested and report at the next regular meeting
Messrs Dewey, Bond & Todd appointed said committee
Mr Dewey moved to adjourn until thursday Eve Oct 4th 1860 Carried
A. P. Vance Sect
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GILPIN COUNTY RECORDS
Recorders Office Oct 11th 1860
Pursuant to a call of the Citizens for a Meeting to elect a Judge of Miners Cour of Fairfield Dist to fill vacancy of Office until next anual Election the Meeting was called to order J P Hannan elect to chair Mr Noble being the only Candidate was balloted for and unanimously Elected
A Motion to adjourn, carried
A. P. Vanc Recorder E Nagle Dept
Recorders Office Oct 20th 1860
Miners Meeting: Pursuant to a Legal call the Citizens meet was called to order, there being [no] Judge to preside, Mr S. Copeland was Elected to fill the Chair. E. Nagle offered the following Act which was taken up & Balloted on which carried
Fairfield District Oct 20, 1860
Be it enacted by the Citizens of Fairfield Dist That on & after this date, Each & every person shall be entitled to hold by Premption one claim on Each and Every Quartz Lode in this District. And the portion of Sect 3 Conflicting with this Act of an Act defining Claims & regulating the Titles thereto passed July 2nd 1860 be & is hereafter repealed 1
The Judges Office being vacated Mr Lawrence moved the we proceed to Elect a Judge & the vote be taken by Ballot. Carried.
Judges and Clerk appointed by the Chair for Election Mr Lawrence appointed Clerk Mess Todd & Cairens Judges Citi- zens proceeded to Elect. After election the Judges made the following Report.
We the Judges chosen to preside over the election held in Fairfield District this 20th day of October 1860 give the follow- ing as voted on for Judge. to Wit:
G. W. Sayers received 13 votes Hiramn Burget 11
deciding in said G. W. Sayers favor by 2 votes
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