USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 18
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Sec. 18. Be it further enacted That if any person or per- sons shall be dissatisfied with any verdict rendered against him or them by a Jury in the Miners Court-said party shall have the right to a new trial in the same court-to a different Jury at the next term by payment of cost and giving security in case of appeals.
Sec. 19. Be it further enacted That no person shall set as a Juror at two successive terms of the Miners Court nor shall any person set twice in the trial of the same cause
Sec 20. Be it further enacted That no debt or demand of any nature shall be collectible by suit in this Court which has not originated either in coming to this Gold region or since the arrival of such debtor to this region
Sec 21. Be it further enacted That in all cases when a civil action is hereafter commenced in the Miner Court-the Judge of said Court or the adverse party may require the Plain- tiff to give bond with one or more good and sufficient sureties conditioned to pay all cost which may be taxed against him in case he should fail in said suit.
Sec. 22. Be it further enacted That in case the costs can not be collected against the Defendant in any cause wherein the Plaintiff shall recover Judgment the said Plaintiff shall be held responsible for all the cost he shall make in said suit.
Sec. 23. Be it further enacted that when the Jury is called in the Miners' Court each party shall have a right to three per- emptory Challenges-but no more unless for good cause shown -- and the pannel shall be filled by the Constable.
Scc. 24. Be it further enacted, That Motion for a new trial and notice of appeal shall be given immediately upon the decision of any cause.
Sec. 25. Be it further enacted that all executions issuing out of said Court shall be made returnable in fifteen days from date and the Constable shall note on each execution the day and hour he received the same and return said execution within
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said fifteen days whether satisfied or not with his proper return thereon endorsed.
Sec. 26. Be it further enacted That Witness fees shall be in all cases two dollars for each case and twenty cents Mileage.
Sec 27. Be it further enacted that all tools for Mining, bedding, wearing apparel, cooking utensils and necessary pro- visions for two Months -- and in case of a Man with his family a dwelling house not exceeding five hundred dollars in value and such articles of household furniture as are strictly necessary shall be exempt from levy and sale upon execution-
Sec 28. Be it further enacted That all property taken in execution shall be advertised by posting notice of the sale there- of in three conspicuous places in the district for five days next preceding such sale-and the constable 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.
Sec. 29. Be it further enacted-That Money collected on execution by the Constable shall be paid into the hands of the Court to satisfy the Judgment in whole or in part; And the Court shall pay the same to the proper parties.
Sec. 30. Be it further enacted That the fees of the Judge of Miners Court shall be as follows-Docketing case one dollar, summons for one person one dollar, additional person named therein fifty cents, order of arrest two dollars, attachment against property five dollars; attachment against witness for contempt one dollar and fifty cents, writ of replevin two dollars, subpena for one person fifty cents, each additional person therein named twenty five cents, venire for Jury two dollars and fifty cents, execution two dollars, writ of restitution two dollars and fifty cents, warrant in criminal cases for one person two dollars, and for each additional person therein named one dollar, every other writ required by law seventy five cents, ten per cent on all money collected and paid to parties, each adjournment one dollar, Judgment on Merit or for cost seventy five cents, dismis- sion or continuance without costs two dollars, satisfaction of Judgment two dollars, transferring Judgment on docket seventy
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five cents-appointing guardian for Minors to prosecute suit two dollars, taking verdict one dollar-each Motion decided by Justice fifty cents, making up docket each one hundred words two dollars, certifying affidavit one dollar, certifying depositions -transcript of docket entries and every other record or writing not otherwise specified by law one dollar, transcript of docket and copies of every writing or record for each one hundred words two dollars-swearing Jury, one dollar, swearing each witness twenty five cents and arbitrator or appraiser and every other oath requred by law fifty cents-filing each paper neces- sary to be preserved by the Judge twenty five cents, each bond or undertaking one dollar, each recognizance one dollar-ap- pointing special Constable or appraisers each one dollar, ac- knowledging deeds or other instruments in writing two dollars- trying any cause three dollar, taking depositions two dollar for each one hundred words, writing affidavit or other papers not otherwise provided for one dollar, entering appeal one dollar, transmitting papers when required by law one dollar, selecting Jury one dollar to be paid by the party calling the same, per- forming duties of coroner five dollars, Marrying-ten dollars.
Sec. 31 Be it further enacted That the fees of the con- stable of this district shall be as follows-serving and return- ing summons each person one dollar, copy of summons-fifty cents, serving a subpena each witness fifty cents, serving an order of attachment two dollars-appraisal and return two dol- lars-serving order of replevin two dollars, taking and return- ing a bond two dollars, serving notice on Garnishee one dollar and fifty cents, summoning a Jury two dollars, attending on a Jury one dollar serving and returning an execution two dollars and fifty cents, advertising and selling three dollars, on all Money paid or collected on an execution to be paid by the de- fendant ten per cent-travelling fee each Mile twenty five cents-serving and returning warrant two dollars-bringing prisoner into Court by order one dollar, attending criminal ex- amination one dollar.
Sec 32. Be it further enacted That the president of this district-shall receive the fee of five dollars for each Meeting
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le may be called to preside over-to be paid by the party losing the suit-and the same fecs as the Judge of Miners Court for all other acts, said fces shall be collected by the constable as in other cases- Approved July 7, 1860.
AN ACT RELATING TO CRIMES AND NUISANCES COMMITTED IN ILLINOIS CENTRAL DISTRICT1
Sec 1. Be it enacted by the Citizens of the Illinois Cen- tral District in convention assembled that all crimes committed in this district shall be punished as a Jury of seven Men shall direct
Sec 2. Be it further enacted that any person who shall cause any nuisance affecting the health of the people of this dis- trict or liable to affect the same may be sued for the same in the Miners Court by any Citizen of said District in the name of the "Illinois Central District vs. Defendant" and shall be liable to pay damages in a sum not exceeding one hundred dollars for the use of said district and cost of suit.
Sec. 2.2 Be it further enacted That executions shall issue in all cases under the provisions of this act in the name of the District the same as in any other suit of law
Sec 3. Be it further enacted That all fines collected in this district shall be appropriated by the treasurer of said District to the working of the public roads within said district-which labor shall be performed at the place and time designated by the Miners of the district at a regular meeting.
Sec 4. Be it further enacted That when one lode crosses another the owner of the claim first taken up shall not be enti- tled to any portion of the Lode that crosses his claim (except in his shaft or drift) by virtue of the width of his claim but the first claimant to the ground shall not in any way be im- peded in his work by the owner of the claim on the lode which may cross it
1 The words "in force" appear in the margin opposite each section except Section 4, in which case lines were drawn through the section and the word "out" appears in the margin.
2 So numbered in the original.
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Sec. 5. Be it further enacted that the Judge of Miners Court shall pay over each month to the treasurer of the district all Moneys he may collect from Judgments in favor of the dis- trict for Contempts of Court and fines of every kind and the treasurer shall not pay the same out to any person unless upon the vote of the Miners given at some Meeting legally called
Sec 6. Be it further enacted That at all elections held in this district-three disinterested Citizens of the district shall be chosen by the Judge of Miners Court and Recorder on the morning of the election who shall act as Judges of said election and also two clerks. And the Judge of Miners Court shall be required to administer oaths to said Judges and Clerks to do and perform their duties as is prescribed by the statute of Kan- sas territory. The polls shall be open from 8 oclock A M to 6 oclock PM.
Sec 7. Be it further enacted That if any person shall hereafter discover a new lead in this district said person shall be entitled to hold without working or recording the same- two hundred feet on said lead-provided the person making such discovery shall stake the same off so that any person of ordinary discretion could find the same-And if any persons holding claims in this district shall not keep them properly marked and staked or Recorded and other persons go upon said claims and finding no stakes nor marks thereon and no record of the same- and perform labor on said claim, the person or persons first own- ing said claim or claims and neglecting to stake and mark or record the same shall upon proof of the above facts be held re- sponsible for the amount of labor so done upon his claim-
Sec S. Be it further enacted-That the Kansas Code of law shall be used in this district until the laws of the provisional Government shall be published and distributed-at which time the laws of the Provisional Government for Jefferson Territory shall take effect-
Sec. 9. Be it further enacted That Appeals shall be al- lowed to be taken from the decision of any Court or Jury in this district to the District Court of Mountain County under th provisional Government-And in all Cases the Appeal bond
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shall be given within three days after trial in the court below, said bond to be approved by court from whence the appeal is taken.
Sec 10. Be it further enacted That no Appeal shall be taken from a decision of the Miners where the parties by agree- ment bring their suit at once before the Miners for trial
Sce 11. Be it further enacted That nothing herein con- tained shall prevent the Judge of Miners Court from holding Court at any time that he may deem it necessary
Sec 12. Be it further enacted-That Jury fees shall be two dollars and fifty cents per day at the regular terms-and two dollars for each case in all other cases
Sec. 13. Be it further enacted That the Judge of Miners Court shall not be required to summon jurors for the regular term if by agrcement of the parties no Jury is demanded-
Sec 14. Be it further enacted The the Justice of the peace or Judge of Miners' court constab [le] and Recorder al- ready elected in this district shall hold their offices until the first Monday of . . 1
AMENDMENTS PASSED JANUARY 24, 18612
At a Meeting of the citizens of Illinois Central District held at Missouri City Jan 10th 1861, L W Borton, A Marsh and Mark A Moore were appointed a committee to revise, codify and amend the law of said District-and to report the same to a Meeting to be held at Missouri City on Thursday Evening Jan- uary 24th 1861
In pursuance of said duties the Committee report the fol- lowing Laws :
Be it further enacted that all judgments hereafter ren- dered by the Miners or presidents Court of Ill Centrl Dist. shall be a lien upon all real estate held by the defendant in said Dist. from the day said Judgment or decree was rendered-Passed.
1 The last page of the manuscript is missing.
2 This manuscript was found among the Sayre Papers. The manu- script evidently contains the amendments suggested by the committee. The words "passed" and "stricken out," written in the margin, indicate which sections were adopted and which were rejected.
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Be it further enacted that service may be had by publica- tion, advertizing 30 days in a weekly paper, upon a Non-resi- dent defendant by posting three copys of the Summons in three of the most public places in said district. which notices must be posted at least ten days, and copy thereof Sworn to by the Sher- iff, shall be filed, with the papers in the case -- Passed.
Be it further enacted that the next regular election for all the officers of said district shall be held on the first Monday of May A D 1861, hereafter, provided that said new officers term shall not commence until after the expiration of the term of office of the old officers under the laws which they were elected unless a vacancy shall sooner occur by removal, death, or resig- nation-Stricken out.
Be it further enacted that 10 days shall be allowed to any party to take an appeal from the pres. or Miners Court of said Dist. to the provisional Dist Court of Mountain County
Be it further Enacted. That any person or persons who may have or shall hereafter discover a Lode on any Gulch or patch claim, or which may run through any Gulch or Patch Claims the discoverer thereof or any person or persons who may have taken clainis on the same, shall be Entitled to the crevice of said lode, through any such gulch or patch claim, pro- vided : the owner or owners of such gulch or patch claims shall be entitled to their said claims for the purposes for which they may have been taken or purchased. Passed.
Be it further enacted that if any person Shall be found guilty of stealing-taking carrying away or converting to his own use any cord wood, house logs or timber of any kind the property of another-upon conviction thereof the offender shall be deemed guilty of Larceny and shall be publicly whipped as a Jury of six men shall direct. [Stricken] out.
Be it further enacted that all Miners Meetings for any purpose whatever be and is hereby abolished. [ Stricken] out.
Be it further Enacted, That the Recorders fees shall be, for all Deeds and other instruments of Writing containing one hundred words, one dollar and for each additional one hundred words fifty cents-Passed.
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Be it further enacted that acts inconsistent with the law are hereby repealed. Passed.
Be it further enacted that no person shall be disqualified as a witness in any civil action or proceeding by reason of his interest in the event of the same as a party or otherwise or by reason of his conviction of a crime ; but such interest or convic- tion may be shown for the purpose of affecting his credibility- Stricken out.
Be it further enacted that if any person or persons shall wish to take an appeal from the decision of any court of this District-such person or persons shall within ten days after such decision by payment of cost already accrued and giving a bond with good and sufficient security to the satisfaction of the court for cost judgment and damages that may accrue be enti- tled to said appeal-Passed.
Be it further enacted that all cases where any person or persons shall purchase property at sheriff or constable sale the said purchaser or purchasers thereof shall be entitled to posses- sion within 30 days of the property so purchased Provided the purchase Money is paid at the time of sale. Passed.
Be it further Enacted, That in all Cases, where one Lead crosses another, or where a Lode is discovered which may run into another Lode the person or persons, owning said Lode shall each be entitled to the crevice on their said claims. The person having prior claim shall be entitled to the whole crevice on his or their claim or claims the first claimant to be entitled to the whole of his crevice. Passed.
Be it further Enacted That officers of any other District except Ill Central Dist. shall have no control, power or juris- diction over the property or persons of this district except in criminal cases. Passed.
That no person shall be qualified to testify as a witness in any suit in this district who have been convicted of any crime or who has any direct legal interest in the event of the Suit- except those interested are called upon by the oposite party. Passed.
Jan. 24, 1861
.
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PROPOSED LAWS1
Article 16th the Justice (or President) shall be entitled to five dollars for presiding at each trial and making out the papers.
Article 17th The Jury and witnesses shall be entitled to two dollars and a half each pr day
Article 18th The defeated party in each suit shall be li- able for all costs of the suit and the justice (or President) shall issue execution for the same which shall be collected from any property the person so liable may have except tools bedding clothing and necessary provisions for three months
Article 19th In any case either party may call upon the other to give Security for costs the suit shall be discharged if plaintiff or defendant fail to do so
Article 20th All fines shall be paid to the Justice of the pease
Article 21st All Justice of the pease shall give bond in the sum of $100 for the faithful performance of his duty
Article 22nd Any person found guilty of perjury shall receive not more than fifty nor less than twelve lashes on the bare back
Article 23rd Any person found guilty of pulling up de- fasing or altering stakes in any manner whatever or destroying any notices shall pay a fine of not more than one hundred dol- lars nor less than ten dollars or in default thareon shall receive not more than one hundred or less than [ten lashes on the bare back ].
Article 24th Any person found guilty of theft Shall re- ceive not more than one hundred nor less than ten lashes on the bare back
Article 25th Any person found guilty of murder shal be hung by the neck until dead or be banished frome the mins and property confiscated
1 These were on a loose sheet in Illinois Central District, Book I. They appear to be suggestions to be proposed for adoption.
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Article 26th Any person found guilty of any of the afore- said crimes [shall] be banished from the mins
Article 27th All purchase clames shall have work done upon them every fifteen days or otherwise forfeit their interist in said clames except Lode clames
Article 28th Watter power for mills purposes and other uses shall be held as vested rites till July 15th A.D. 1861
Article 29th All Lode clames sliall be held as vested rights until July 15th 1861
Article 30th any company owning a clame or claims when joined together working one will hold all the others
Article 31th All watter powers shall be 300 feet wide by 300 feet long
HAWK EYE DISTRICT
LAWS AND MINUTES OF 18601
At a meeting of the Citizens & members of the fourth Sec- tion of the Lake Dist held on the 31st day of July 1860 W H Backus being called to the Chair the following preambles Reso- lutions & Laws were adopted. Whereas we the Citizens & min- ers of the fourth Section of the Lake District Deem it for our interest to withdraw from said District
Therefore be it resolved That we constitute a new District under the name and Style of the Hawk Eye District the bound- aries of which shall be as follows the Southern boundary shall be the same as the Present Northern Boundary of the third sec- tion of the Lake District the Eastern Boundary shall be the Summit of the Mountains on the Eastern side of the Missouri Gulch the Northern boundary shall be the Present Southern boundary of the Central Mining Dist, the western boundary shall be the Summit of the first Mountain North of Iowa Moun- tain
LAWS ADOPTED BY THE CITIZENS AND MINERS OF THE HAWK EYE DISTRICT
Section 1st Officers
There shall be one officer in the district, to wit, a Recorder who shall be elected by the qualified Electors of the District & who shall hold his office for three months after his election or until his Successor shall have been Elected & Qualified
Section 2nd Duties of Recorder
It shall be the duty of the recorder to record all claims pre- sented to him for that purpose & on application of five of the legal voters of the Dist It shall be his duty to call a meeting of the Citizens to take in consideration any matter of import-
1 Hawk Eye District, Book A, 1860-1861. A copy of these laws and minutes of 1860 was also found in a book without cover or name.
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ance to the Community first giving seven days notice of such meeting It shall also be his duty to Keep an Office within the District & to keep his reeord books at all times open to the en- spection of the public It should also be his duty to keep the papers & publie monies of the District subject to the order of the people at a regular ealled meeting
Section 3rd Fees of the Recorder
The Recorder shall be allowed to Char[g]e 50 cents for each claim recorded by him in said district
Section 4th Rules in regard to Claims
Any person may hold one or more Claims in the district by right of purchase But no person shall have the right to Pre- empt more than One Gulch Claim except by right of discovery should any person discover new digings he shall be entitled to a record Claim by right of discovery & further he shall have the right to seleet his two claims previous to any other person claim- ing provided he make his selection within twenty four hours after discovery any person holding a Gulch Claim in this dis- triet who may have it recorded as the law requires will not be required to do any work on it previous to July 1860 in order to hold it the boundaries of Guleh Claims may be one hundred feet up and down the Gulch & from bluff to bluff & ten feet on each side Companies in Said district shall be considered to have the right to hold One hundred feet for each Person in the Com- pany
Section 5. Rules in regard to Quartz Claims
Any Person who may discover a lead of Quartz Shall be entitled to three elaims of One hundred feet each in length on said Lode & shall have the Preference over any other person in Seleeting his claims provided he has found the ereviee & no other person shall have the right to hold more than one claim on the same Lode exeept by right of purchase Any person working a lode which crosses a Lode Previously discovered shall not claim within ten feet of the old lead any person will only be required to Record Number of his claim commencing at the dis- covery claim the first to be No. (1) one and numbered each way.
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Section 6th Mill Claims
Any person may have the right to erect Mills in this dis- trict but wll be held accountable for any damage done to any mining claim in the district caused by crection of such mill pro- vided the mining claim was taken previous to the Mill claim No mill claim shall exceed two hundred & fifty feet up & down the Gulch & from bluff to bluff & fifty feet up the bar of the Mountain on each side any timber which may be growing on any Mill Claim be considered to belong to the owner of that Claim unless it should be required for mining purposes any person holding Mill Claims & having them recorded as the law directs will be entitled to hold them until the first day of August 1861 without improvement
The Laws were unanimously adopted & A. F. Stewart elected recorder all Claims now staked hold good for thirty days with recording Resolved that the Recorder give notice to all adjoining districts of the preceedings of this Meeting.
LAWS PASSED NOVEMBER 17TH 1860
Resolved that all persons that hold Clames by preemption in said Hawkeye District for mining and all other purposes shall represent them Personally and also sign his name on A book kept by the Recorder for that purpose in each and every year on same day being the month of August September or Oc- tober if any person or Persons neglect to comply with the above Law his claims shall be jumpable by any person who may see fit to jump them
Resolved all person or persons take up Claims by Preemp- tion Shall have them put on Record in said Hawkeye District to make his right valid except where they are worked on right Along or every or every other day
Resolved that all differance that may come up between two or more persons shall be settled in said Hawkeye District except whare both parties Can agree to have settled in some other Dis- trict, by a Miners Meeting or a Jury of twelve.
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LAWS OF 18611
At a meeting of the miners and citizens held on Aprile 27th A D 1861 the following Laws were Adopted
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