USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 17
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On Motion to adjourn carried
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FAIRFIELD DISTRICT
On Motion to reconsider the vote to adjourn carried Meet- ing was called to order by the President
Mr Sayers not being present so as he may be qualified in his office a motion was made & carried that the Recorder be cm- powered to make out an affidavit, to qualify the Judge Elect to office and on his signing the same the recorder record the same on the Journal of Meetings.
Moved & seconded to adjourn carried. Recorder made out the following Oath of Office for G. W. Sayers which was signed in my presence Oct 22nd 1860
I George W Sayers do solemnly swear before the All mighty God to support the Constitution of the United States & the Laws of this "Fairfield" District and that I will neither for gain, Malice, fear or favor will prejudice any case which may come before mne while Judge of the afforesaid District
E Nagle Attst
Geo. W. Sayer A. P. Vance Recorder F. D. E. Nagle Dep
Meeting of Miners of Fairfield Dist
Feby 23rd 61
Pursuant to a Legal Call for an Election of Officers, of Fairfield Dist the largest number of Miners being present
J. W. Medbury offered a motion to organise into a meett- ing to transact other Business, which was seconded & carried
Judge Sayre then took the Chair Meeting Called to order & proceeded to the following business .
Secretary read the proceeding of Meeting held July 23rd 1860, when J W Medbury moved to recind a resolution passed at the meeting which abolished the Office of President. Sec- onded. Vote Yeas 2 Nays 2 tie vote
A division of the house being called resulted for recinding 12 against 7
On motion which was seconded & carried that the Judge appoint a committee of three to Codify the Laws of this Dis & Judge Sayre be Chm of Committee, Carried
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GILPIN COUNTY RECORDS
Committee appointed J W Me[d]bury Wm Lawrence & E Nagle
Mr -Voting against recinding the foregoing Resolu- tion moved a reconsideration which was carried. Vote then be- ing taken on the previous question carried unanimous
Moved & Seconded to adjourn Carried. Meeting adjourned E Nagle Sect
Office of Judge of Fairfield Dist March 23rd 1861
Persuant to a Legal Call Citizens of this Dist mnet at Judge Sayres Office
Meeting was called to order Judge Pollock in the Chair
Agent of St Verain, Altona Bolder Mines, Gregory & Middle Park Wagon Road Company, offered a Resolution pray- ing for Charter to said Co to construct a Toll Road through this Dist Resolution being discussed question was called & on vote Charter was granted unanimous
A Delegation from Enterprise Dist came in an offered a Resolution which was decided out of Order
On Motion meeting adjourned until Monday night March 25th 1861
E Nagle Sect
ILLINOIS CENTRAL DISTRICT
LAWS1
At a Meeting of the Citizens of Ill. Centrall District held in Missouri City on the 30th day of June 1860, at 4-o'ck P.M., A Committee Consisting of E. M. Gault Wm Dillon S W. Bor- ton Samuel Reed, and M.A. Moore, was appointed to Codify and Amend the Laws of said District, and report the laws so Codified and Amended, at a meeting, in Missouri City. on the 10th day of July 1860. In accordance with the duties imposed upon them, the Committee report the following. Acts regulat- ing the rights of persons and property, and the manner in which those rights may be preserved.
AN ACT TO DEFINE THE BOUNDARIES OF ILLINOIS CENTRAL DISTRICT
Sec 1st Commencing on a small bluff, North East of the Lake, thence in a north westerly direction in a direct line to the highest point of Quartz Hill, thence along the divide between Ill. Cent. District and Nevada district to the top of Gold Moun- tain, thence South Westerly following the divide to a point of Rocks near the head of Gold Run and Leavenworth Gulch, thence crossing the head of Gold Run and down the divide be- tween Gold Run and Ill. Gulch and Russell Gulch, to the mouth of Illinois and Russell Gulch, thench Crossing Russell Gulch down on the South Side of said Gulch to the mouth of Willis Gulch, thence North to the North Side of Lake Gulch, thence up the North Side of Said Lake Gulch (following the divide) to the place of beginning, including Said Lake Gulch in Ill. Cent. District.
Sec. 2. Be it further Enacted, that no change shall here-
1 The laws are in duplicate as far as the "Act in Relation to the Officers of the Illinois Central District, their Duties, Term of Office, and Fees." The manuscripts were found among the Sayre Papers.
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GILPIN COUNTY RECORDS
after be made in the Boundaries of this District-without the consent of its Citizens as hereinafter enacted
Sec. 3. Be it further Enacted that if any person or per- sons shall wish to change the Boundaries of this district, or Ercet another within the same, or annex any territory not be- longing thereunto A Public Meeting of the Citizens of this Dis- trict, shall be Called and one Weeks Notice given of the Same, by posting Twelve Notices of Said Meeting, in as many Con- spicuous places. If the petition for a New District or Change of boundary applied for in this District, be granted, it shall not take Effect for ten days thereafter.
Approved July 10th 1860.
AN ACT DEFINING CLAIMS AND REGULATING THE TITLE THERETO
Sec 1. Be it enacted. 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 provisions of this act.
Sec 2-Be it further Enacted: That the term "Claim" as used in this District, shall be Construed to Mean, when Ap- plied to a Lode one Hundred feet running the length of the Same and fifty feet in Width. When applied to a Gulch, One Hundred feet by fifty When Applied to Patch or Placer dig- gings one Hundred feet by fifty When applied to Tunnelling claims, the entire distance intended to run, the same for dis- covery purposes as shown by Record and the Stake at the mouth of the Tunnell; When applied to a Quartz Mill Site the distance of Two Hundred and fifty feet square-when applied to a Ditch claim-the entire distance Staked off which they intend to run the Same by the Survey and stakes-When applied to a Water Claim the exclusive right to use water for Mining pur- poses on any Stream Not exceeding in distance over 250 feet. When Applied to a building Claim fifty feet by one Hundred
Sec 3. Be it further Enacted. That no person shall hold more than one Lode, Gulch, Patch or Placer Claim in this dis- trict. Except by purchase or discovery-
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ILLINOIS CENTRAL DISTRICT
Scc. 4. Be it further Enacted. That No person shall have or hold More than One Water or Ranch claim Except by purchase
Sec 5. Be it further Enacted : That cach discovery claim shall be marked as such, And all Bona fide purchase claims, shall be recorded within fifteen days from the date of the Deed. And in Either Case they shall be safely held whether Worked or not.
Scc 6. Be it further Enacted : That any claim or Claims if not held Either by purchase or discovery, if abandoned, or not worked in good faith, for ten Consecutive days after being Staked off-shall be forfeited to any person or persons who may taks up the same and work them, and not abandon them as aforesaid-Except when ample facilities Cannot be aforded for Working the same.
Sec 7. Be it further enacted That, no claim shall be re- garded as good and valid, unless it be Staked off, with the own- ers name, giving the direction-length, width, and date, when the Same was made, and when held by a Company, the name of each Member of the Company shall appear Conspicuously, and every made claim except the Discovery claim shall be recorded within ten days after taking the Same.
Sec. 8. Be it further Enacted : That, when Members of a Company Consisting of two or more shall work one claim of the Company, the other claims of the Co. shall be considered as worked by putting a Notice of the same thereon-
Sec. 9. Be it further Enacted-That all preemption claims-which have been or may be taken up before the first day of August next need not be worked untill that date-pro- vided that the person who so has, or shall take up a claim as aforesaid, shall Record the same, and properly describe them.
Sec. 10. Be it further Enacted: That in all case where parties shall have complied with the law, as far as possible- priority of right or claim-when honestly carried out shall be respected-
Sec. 11. Be it further Enacted-That all Contracts of partnership or agreements-whereby an interest in claims or
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GILPIN COUNTY RECORDS
Lands are Concerned, and all Contracts relating thereto-here- after made, shall be in writing, and give the names and intent of each of the parties. And when a partnership the firm name also, and the same shall be recorded, or the contract shall not be regarded as binding upon or effecting any but the Original par- ties in any transaction whatever-
Sec. 12. Be it further Enacted. That all deeds, bonds Contracts, bills of Sale, or instruments of Writing of any Kind, relating to the Conveyance of claims, shall be witnessed by at least two disinterested witnesses and Recorded-
Sec. 13. Be it further Enacted: That when any Miner shall hold a Gulch, Patch, Lode or other claims, if one be worked or operated upon, the others may be held without work- ing, by Recording the Same.
Sec. 14. Be it further Enacted, That any person or per- sons owning a Quartz Mill claim upon which he has a mill, or is preparing to place one, has the right to cut a Ditch or race from any Stream to bring Water to Said Mill, Not interfering with vested rights-
Sec. 15. Be it further enacted, That when water Com- panies are engaged in bringing water to any portion of the Mines, they shall have the right of way recorded to them, And may pass Over any claim or Ditch, provided the water shall be so guarded as not to interfere with any vested rights-
Sec. 16. Be it further Enacted, That when water is claimed for Gulch and Quartz mining purposes on the same Stream, neither shall have the right to more than one half of the water in Said Stream unless-there shall be sufficient for both, when priority of Claim shall determine-
Sec. 17. Be it further Enacted. That other Questions not Settled by the provisions of this Act, arising out of the rights of riparian proprietors shall be decided according to the common law.
Sec. 18. Be it further enacted. That claims of every kind except discovery mining claims, must be recorded unless the same are worked on or used according to law Continuously every ten days-
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ILLINOIS CENTRAL DISTRICT
Sec. 19. Be it further enacted: That no person or per- sons shall be allowed to mine under any building, or other im- provement unless he first secures the parties against all damages except by priority of title
Sec. 20. Be it further Enacted. That if any person or persons shall locate a Tunnell in this District, for the purpose of Discovery, he shall file a specification of the same with the Recorder, whose duty it shall be to record the same upon the payment of his fees. The said specification, shall state the place of Commencement and termination of said Tunnell togather with the name of the parties interested therein. A Stake shall be placed at the Mouth having written thereon, the same things hereby made necessary to record-
Sec. 21. Be it further Enacted-That any person or per- sons Engaged in working1 a Tunnell provided, he or they shall Comply with the requirements of the laws, shall be entitled to Two Hundred feet on each Side of all Lodes discovered in con- sequence of the Same. And such parts of the Lead as they are entitled to in Consequence of said Discovery shall be held as dis- covery claims provided they do not interfere with vested rights. And if it shall appear that Lodes are Staked off-on the line of said Tunnell, so that the required Number of feet Cannot be taken near to the Same they may be taken upon any part thereof, where the Same may be found vacant-
Sec 22. Be it further enacted. That if any person or persons locating a Tunnel claim shall fail to work the same for Thirty consecutive days after the first day of August next, they shall forfeit their Claim to Said Tunnell but Not to the claims they have discovered and held by virtue of Discovery before the time of forfeiture.2
Sec. 23. Be it further enacted. That the person or per- sons working a Tunnell shall after the same is legally located have the priority of right to all the Lodes discovered on the line of the Tunnell from the recorded line of its mouth to its termi-
1 In the other copy of the laws this reads "making."
2 In the other copy the last word is "discovery" instead of "forfeiture."
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GILPIN COUNTY RECORDS
nation, and shall have the right of way through all Lodes which may lie in its Course, if said Tunnell is recorded Staked out and Worked- Approved July 10 1860
AN ACT IN RELATION TO THE OFFICERS OF THE ILLINOIS CEN- TRAL DISTRICT, THEIR DUTIES, TERM OF OFFICE, AND FEES.
Sec 1. Be it further enacted by the Citizens of the Illi- nois Central District in convention assembled that there shall be elected in this District upon the 1st Monday of August in each year the following Officers-who shall hold their respective Offices for the term of one year unless they should sooner be re- moved by death resignation or for Misconduct in Office-viz: A President a Judge of Miners Court and a Recorder who shall be Ex-officio Secretary and treasurer of this District And a constable
Sec 2. Be it further enacted That it shall be the duty of the President of this District to preside at all Public Meetings of th Citizens of the District when called for purposes relating to public business, and to preside at the trial of all Causes which May Lawfully come before him as hereinafter provided
Sec. 3. Be it further enacted That it shall be the duty of the Judge of Miners Court to try All Causes which May law- fully be brought before him as hereinafter provided-To pre- side at public Meetings and the trial of Causes in the Absence of the president and perform such other duties as the law re- quires-
Sec 4. Be it further enacted That it shall be the duty of the Recorder safely to Keep the books and Records of the District and to record all papers upon payment of his fees to act as secre- tary of the District at public Meetings of the District and to safely Keep all Moneys paid into his hands by the Judge of the Miners Court to be paid over as directed by the Citizens at some public Meeting legally called
Sec 5-Be it further enacted That it shall be the duty of the Constable to attend all trials in this District-Execute all
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ILLINOIS CENTRAL DISTRICT
writs that May be put into his hands-And perform all And singular his duties as herein after provided according to law
Sec 6. Be it further enacted That the fees of the Recorder shall be fifty Cents for each claim filed for record and seventy five cents each for all other instruments and the recorder May require all fees to be paid Upon filing-
Sec 7. Be it further enacted That all white Male persons of the Age of twenty one years who shall have resided in this District Three days previous to Any election herein held-And whose boarding And washing shall be in this District shall be a legal voter at any election herein held
Sec 8. Be it further enacted That the officers of this Dis- trict shall continue to hold their said Offices until the next An- nual election subject to the provisions hereinbefore named
Sec. 9. Be it further enacted That the Justice of the Min- ers Court shall hereafter be Known as the Judge thereof
Sec 10. Be it further enacted that the Judge of the Min- ers Court shall have full probate jurisdiction within the District.1
Sec 11. Be it further enacted That the president, Judge, Recorder and Constable shall each be required to give good and sufficient security in the sum of one Thousand Dollars; Condi- tioned for the faithful discharge of their several duties. The bonds of the resident Judge and constable to [be] Approved by the recorder and the bond of the recorder to be Approved by the Judge Approved July 10th 1860
AN ACT ESTABLISHING A MINERS' COURT AND REGULATING ITS JURISDICTION.
Sec 1. Be it enacted by the Citizens of the "Illinois Cen- tral District" That the regular term of court to be known as a Miners Court shall be held by the Judge of this District in some convenient and proper place upon the first and Third Saturday in each Month and all writs made returnable at said term shall
1 In the manuscript Section 10 is crossed out and the word "out" is written in the margin.
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GILPIN COUNTY RECORDS
be served on or before the Wednesday next preceding Nothing herein Contained shall be so construed as to prevent the trial of Criminals at any time.
Sec 2. Be it further enacted That the officers of said Court shall consist of a Judge and Constable
Sec 3. Be it further enacted That it shall be the duty of said Court to sign all writs issuing out of said Court to Make all transcripts of Judgments required on payment of his fees; to enter Judgments and issue executions and pay over to the proper parties all Moneys collected on such Judgments and Executions, To try all criminals And pay over to the treasurer all Moneys he May receive for the District for fines and Judgments and per- form such other duties as necessarially appertain to his office ----
Sec 4. Be it further enacted That if the Judge of said Court shall not be able to attend to Any trial or shall be disquali- fied from any cause to try any suit or if any person shall Make his Affidavit in writing that he does not believe that he can have a fair and impartial trial before said Judge of said Court and if the Said Court shall be interested in the event of Any suit either as Plaintiff or Defendant or with either of them in Any Manner -the President of the District shall preside in the Miners Court at such trial-
Sec 5. Be it further enacted That the Miners Court shall have equity as well as law jurisdiction And May grant writs of injunction upon Motion in all proper cases and all other Motions upon proper cause shown, to be supported by Affidavits Alone And do all such other Acts as a Court of equity has power to do
Sec 6. Be it further enacted That the Miners Court shall have power to fine for contempts in a sum not Exceeding fifty dollars And May issne Execution thereon the same as upon Judgments
Sec-7. Be it further enacted That the Jury for each term of Court shall be drawn upon the Saturday next preceding each term in the following Manner: The Judge of Miners Court shall place the names of fifty good and substantial Men in a box prepared for that purpose-And the constable in pres-
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ILLINOIS CENTRAL DISTRICT
ence of the Judge shall draw therefrom the names of seven per- sons who Shall be Summoned to act as petit Jurors for the next Succeeding term of Court: when necessary the Constable May summon talismen but no person shall serve as a Juror for two successive terms of Court
AN ACT IN RELATION TO PRACTICE IN THE MINERS' COURT1
Sec 1. Be it enacted by the Citizens of Illinois Central District in Convention Assembled That the distinction between Actions at law and suits in equity and the forms of all such Ac- tions and suits heretofore existing are abolished And in their place these shall be called a "Civil Action"
Sec 2. In such action the party complaining shall be known as Plaintiff and the Adverse party as the Defendant
Sec 3. All actions must be brought in the name of the real party in interest, if it is possible so to do-
Sec 4. Be it further enacted That if any person or per- sons shall wish to commence a civil action in the Miners Court of this district he or they shall file with the Judge thereof a peti- tion setting forth his grounds of complaint which shall contain all the allegations And facts necessary to constitute a Cause of Action in plain And unequivocal language-upon the filing of the petition as aforesaid the Court shall issue a writ of Sum- mons to be served upon the Defendant to appear and answer at the time therein named or Judgment will be taken against the Defendant by default
Sec 5. Be it further enacted That the Defendant may at any time before trial file his answer or demurrer-upon either of which the plaintiff may join issue. And if an Answer be filed containing new Matter irrelevant to the issue it Must be denied or avoided by plaintiff in his reply And all Matters not denied or avoided by one pleading subsequent to another shall be taken as confessed and true
Sec 6. Be it further enacted That the Petition and An-
1 This act is crossed out in the manuscript and the words "stricken out" written in above.
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swer shall be verified by the oath of the parties also the replica- tion and denial
Sec 7. Be it further enacted That in cases of foreclosure of a Mortgage or a lein of any kind upon a claim or other prop- erty the equity of redemption shall not extend beyond thirty days-
Sec 8. Be it further enacted that in all cases of Judgment for partition of claims between joint owners Three disinter- ested commissioners shall be appointed by the Court who shall effect such partition.
Sec. 9. Be it further enacted That no person shall be dis- qualified as witness in any Civil Action or proceeding-by rea- son of his interest in the event of the same as a party or other- wise provided there are no disinterested witnesses who may know the facts-That he or they may wish to give in evidence as such interested parties-which fact shall be sworn to by the per- sons or parties wishing to testify.
Sec. 10. Be it further enacted That depositions may be used in the Miners Court and other courts in this district in evidence on any trial-the party taking depositions shall give the adverse party notice in writing of the time and place of the taking of the same. Such notice must be served long enough before taking the same so as to give the party upon whom it is served sufficient time to attend the taking of the same.
Sec 11. Be it further enacted That no cause shall be con- tinued unless upon affidavit of the party or his Attorney of the absence of a Material witness-whose evidence is Material to the issue and that said party cannot safely proceed to trial with- out the evidence of said witness which he believes lie can pro- cure at some future time which he shall state; or for other good and sufficient cause shown.
Sec. 12. Be it further enacted That in all cases of attach- ment and replevin the practice prescribed by the now existing laws of Kansas shall be observed as nearly as possible-and when in the case of attachment the defendant has left the Coun- try or keeps himself secreted within the same so that process cannot be served upon him-publication may be made in some
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ILLINOIS CENTRAL DISTRICT
newspaper printed in this county for two consecutive weeks or five notices may be put up in as many conspicuous places in this County for the same time: either of which shall be deemed sufficient notice-provided the officer has made diligent search and inquiry and cannot learn that the Defendant is in this county-or that Said defendant cannot be found
Sec 13. Be it further enacted That Garnishee process may issue as a part of the original writ to be served on both Defendant and Garnishee or separately or it may be issued after the Execution is returned 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 Plain- tiffs Judgment and cost 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 upon him.
Sec. 14. Be it further enacted That all special proceed- ings in the Miners Court shall be conducted according to the forms prescribed in the now existing laws And statutes of Kan- sas as far as is consistent with the laws and local affairs of this district
Sec. 15. Be it further enacted That either party to any suit in Civil Actions in the Miners Court shall have the right of appeal-by paying the cost already accrued and giving secur- ity for what may accrue-And the party so appealing shall have the right to appeal to the presidents Court of Miners-or to the District Court of Mountain Courts under the Provisional Gov- ernment.1
Sec. 16. Be it further enacted That nothing herein con- tained shall prevent any persons or persons when both parties are agreed from bringing their cases before the Miners at once -and the decision of the Miners in such case shall be final-
Sec 17. Be it further enacted That if after any person or persons shall have had a fair and impartial trial before the Miners-That he or they should refuse to abide the decision so
1 The Provisional Territory of Jefferson. See Jerome C. Smiley, Semi- Centennial History of the State of Colorado, I, 327-362; Frederic L. Pax- son, The Territory of Jefferson: A Spontaneous Commonwealth, in Univer- sity of Colorado, Studies, III, No. 1, pp. 15-18.
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made-said person or persons so refusing shall not be entitled to hold any claim or claims in this district-
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