USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 19
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Officers
Thare shall be one President, one Sheriff and one Re- corder, who shall be elected anually on the last Saturday in Aprile by the legal voters of the District and hold their respec- tive offices until their successors are elected and qualified ; each of whom shall take an oath to faithfully and impartially to per- form thair respective duties according to law and the best of their ability; and each shall have power to appoint one or more Deputyes
Elections
The Recorder and Sheriff together with three other elec- tors shall compose the Election Board each of whom shall take an oath that they will studiously endevor to prevent all fraud and deceit in conducting the same. But if the Recorder or Sheriff should be a candidate or fail to attend, the voters pres- ent shall fill their vacancies by other voters; two of whom shall be clerks, and the other three judges of said election. If there shall be any vote challenged by any elector either of the clerks or judges may administer any oath necessary to determin the right of said vote. Polles are to be opened at nine o'clock A. M. and close at sic o'clock P. M. At the close of the polles the clerks and judges shall canvas the votes and the persons receiv- ing the highest number of votes for the respective offices shall be declared duly elected and said Board shall issue certificates of election to the several oficers according to their respective offices
Voters
Any white person who has attained the age of sixteen years and 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 mnay direct
1 Hawk Eye District, Law.
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Sheriff
There shall be elected by the qualified voters of this Dis- trict a Sheriff who shall hold his office until the next anuel elec- tion 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 faithfully discharge all and singular the duties pertain- ing to said office
Vacancies
Any officer resigning or removing from the District shall be required to deposit all the Books, papers, money, etc., belong- ing 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 court's vacancy.
Courts
The President shall be the Judge of the Miners Court of the District, and any person having any cause of action shall file with the President the cause of complaint writen in plain English language and a prayer that the adverce party may be summoned to appear and answer to said complaint and if the de- fendant appears he shall file his answer in writing as above stated whereupon the Judge shall summon the defendant to ap- pear 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 judgement according to law and evidence; and if the parties appear, they may submit their cause to the Court or three arbitrators one of whome shall be chosen by the parties respectively and if the parties or their referees cannot agree upon the third arbitrator the Judge shall appoin 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
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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 alternately, beginning with the plaintiff one name until only six remains 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 showen by the testimony of the jurors or other disinterested person and the Sheriff shall fill the pannel with talismen for all vacancies that may happen by reason of non attendance or challenging 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. Cost 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 de[ci]sion of the Court or jury of six if he gives notice of appeal at the rendition of the judg- ment or verdict and pay all costs within five days from the ren- dition of the judgment or virdict. And when an appeal is so taken the Judge shall write the names of twenty-four good dis- interested voters of the District as in the aforesaid jury list from which each party shall strike therefrom as in the jury of six only twelve remains and proceed in all respects the same as in the aforesaid jury of six and the decision of the said jury of twelve or a miners meeting shall be final, and the judge shall proceed to final judgment and award execution according to law
All legal claims whether in law or equity shall be fairly tried by the referees Court jury or Miners Meeting as the par- ties may elect and judgement shall be rendered by the Court accordingly, upon which said judgement 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 inter- ests and legal costs, but any rate of interest agreed upon in writ- ing between the parties shall be lawful
The Judge of the Miners Court shall keep a docket of all
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proceedings had before him; Shall be allowed two dollars and fifty cents per day for presiding at each trial (and when the Re- corder shall preside in his stead, he shall be entitled to a like sum;) Shall be allowed twenty cents per hundred words for making out all necessary papers except writs of original service and executions, for each of which he shall be allowed fifty cents ; for rendering judgement, fifty cents and making up docket twenty cents per hundred words; for each transcript duly certi- fied twenty cents for each hundred words. The Judge Recorder and Sheriff are hereby empowered to administer all oaths and perform all other duties pertaining to their respective offices, and which are required by law
Notice of Election and Meetings
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 offi- cers of the District, naming the officers to be elected, and shall call a meeting of the miners upon the application in writing of five legal voters of said District, stating the object for which such meeting is called and he shall preside at all meetings and perform all other duties pertaining to his said office.
Deputies
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 discharge the duties required of him by law upon the commencement of any suit, the Judge may at his discrition require the plaintiff to deposite money or give security for all cost that may occur
Judgment and Execution
A judgement shall be a lien upon all property of the de- fendant from the time of its being rendred and the Judge shall issue execution forthith upon Judgements including interests and cost 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 writen advertisements posted in three public places in the
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District at least six days before the sale thereof, and all such property shall be sold to the highest bidder at public outcry to satisfy the execution and accuring cost. But if the said prop- erty cannot be sold for want of bidders unless at great sacrifice 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 exceed- ing ten days. In all cases of real estate sold upon execution the defendant shall have the priviledge of paying the principal, interest and costs with ten per cent, interest per annum thereon and said property shall revert to said defendant or his legal rep- resentatives 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 expiration of thirty days. Common wearing apparel bedding twenty dollars worth of tools and three months provision shall be exempt from execution
Probate
The Judge and Recorder shall have power to choose a third person and have probate jurisdiction of a deceased person if said deceased had no relatives within the knowledge of said offi- ers, but if the deceased has relatives or creditors in the District they may apply and take out letters of administration by com- plying with such rules as the President may adopt, and property shall be disposed of by the Court or administrator to the best ad- vantage to the creditors and heirs of the deceased and the pro- ceeds paid over to the proper persons entitled thereto according to direction of the President.
Lawyers
No practicing lawyer, or any other person having been ad- mitted 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 oposite party may also employ council in his if he chooses so to do, but in all other cases lawyers shall not be admitted
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Outside Debts
No debts or demand of any kind shall be collected by suit in this District, which has not originated either in coming to this mining region or since the arival of such debtor therein
Duties of Recorder, &c.
It shall be the duty of the Recorder safely to keep the books and records of the District and to file and record 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 al- ways be open to the inspection of all persons, never to be taken from the posession of the Recorder, All persons shall be en- titled to coppy any record at any time, and the Recorder shall deliver over all Books and records to his successors in office. In case of absence interest or inability of the President the said Recorder may act in all cases in his stead. He shall be entitled to fifty cents for each deed mortgage or 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 mort- gage 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.
All certificates of claims of any description remaining in the Recorders office, upon which the fees are not paid on or be- fore 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 Recorders fees all over plus shall go into the District tresury for the use of the District. The purchaser at said sale shall acquire a valid title therefore by the Recorder certifying on the back of said certifi- cate a transfer by said sale, for which the Recorder may receive
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twenty five cents from the purchaser in adition to the amount bid for said claim
Writs of Attachment
Upon the application of any person holding a legal claim against a non-resident debtor about to abscond or move out of the jurisdiction of the Court 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 fraudu- lently conveying or concealing his property to defraud his credit- ors upon filing an affidavit setting forth any of the aforesaid facts and the amount and nature of his claim and paying or securing the costs as the Court direct, the Judge shall issue a writ of attachment to attach all the goods and chattles 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 conspic- ious places in said District, within twenty four hours after the issue of said writ, Stating the time and place whare said cause will be tried, which shall be not less than 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 determin the cause accord- ing to law and the equity of the case and render judgement 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 execution issued upon such judgement, But if the defendent is a resident of the District he shall be served with a personal notice
Garnishee
Garnishee process may issue as part of the original writ to be served on both defendant and garnishee where the defend- ant is a resident or separately as the nature of the case may re- quire ; or it may issue, after 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
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the amount of the plaintiffs judgement and costs if he was in- debted 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
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 defendant or defend- ants with a description of the property claimed and that he is justly entitled to the possession thercof 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 men- tioned 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 de- fendants to appear before the Court at the time and place men- tioned in said writ to answer unto said plaintiff for the unlaw- full detention thereof; and if the Plaintiff file a bond, with se- curity 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 fail so to do, the property shall be returned to the defendant or de- fendants 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 judgement aganst the defendant or defend- ants for damages and costs accuring to the award judgement or verdic as the case may require and issue execution as in other civil cases
Ejectment .
Any person being in possession of real estate claimed by another the claimant may institute his suit of ejectment, which
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shall be proceeded in as in other civil cases and decided accord- ing to Law and the equity of the case and if the claimant sus- tain 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 thercof 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 liable to the defendant for all costs and damages to be determined as in other civil cases
Liens
Any person performing labor or furnishing material for any building 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 material 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 re- spective origin if filed and recorded as aforesaid
Sunday
The officers of this District shall not be compelled to per- form any civil business on Sunday
Public Highways
Any person obstructing any public road or pasway to the hinderment 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 obstruction shall remain
Tunnel Claims
If any person shall locate A tunnel claim in this District, for the purpose of working the same, he shall first file A speci- fication of the same with the Recorder, whose duty it shall be to record the same upon the payment of his fees. Said specifi- cation shall state the commencement and the termination of said
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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 discovery of, and also fifty feet on each side of the center line of said tunnel of all lodes discovered by other persons after the com- mencement of said tunnel; and said hundred feet last men- tioned shall belong to the owners of said tunnel claim, so soon as said tunnel shall be worked to intersect said lode; and such part of lodes as said tunnel owners are entitled to by this law, shall be held as discovery claims. The line of all tunnel claimes shall be surveyed and plainly staked or marked from the com- mencement to the termination thereof prior to the commence- ment of the work, every tunnel company shall be required to commence work within thirty days from the time thair claim was recorded and shall do at least three months labor for one la- bourer in each six monthis or they shall forfeit their claim to said tunnel, but not to the claims they have discovered and hold by virtue of discovery, before the time of said forfeiture. Tun- nel claims shall have only the right of way across all lodes that may lie in the course of said tunnel that is recorded according to law.
Towns and Villages
Any person or persons laying out a village town or city in this District, he or they shall be entitled to every tenth lot, and shall erect some prominent monument as a starting point and file with the Recorder a plat of said village town or city within fifteen days giving a full description of the starting point, the course and wedth of streets size of block 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
All claims made on lodes by Discovery shall be two hun-
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dred feet by fifty wide a preemption claim one hundred fect by fifty wide, Measurement in all cases shall be horizontal. Gulch claims shall be one hundred feet up or down the Gulch, extend- ing 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 rigts by representing once a year in person by signing their names on a book kept by the recorder for that purpose in the months of August Sep- tember & October, Any person shall be entitled to hold one mill site one gulch claim on each gulch one patch claim one building lot and one village town or city lot one lode claim on each lode and one tunnel claim by preemption Filing claims shall be free and hold good for ten days
No claims shall be valid if taken by a person not residing in the vicinity of the Rocky Mountains. No lode shall be re- corded unless the lode or crevice is exposed by actual work The discoverer may have sixty days to open and prove the lode and file for recording, and no lode claim as a preemption shall be valid until the discovery claim is filed and a name given to said lode, Mill claims shall be two hundred and fifty feet up and down the gulch and from bank to bank and fifty feet up each bank all timber on said mill claims shall belong to said mill claims
Timber
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 owners; and timber on all other claims shall belong to the owners thereof
Water Companies
When water companies are engaged in bringing water into any portion of the mines they shall have the right of way se- cured to them, and may pass over any claim rode or ditch, but shall so guard themselves in passing as not to injur the party over which ground they pass
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Sheriff's Fees
The sheriff shall receive for his service the following fees
to wit
Surving summons for each person therein named $ .25 .50
Writ of Mandams
Supoena for each person therein named .121/2
Serving writs of Attachment
.75
Replevin .75
Order or notice of Court
.25
Executing order of Arrest
.25
Taking each bond
.25
All copies necessary to complete the service for each hun-
dred words or fraction over or less number of words
.10
Summoning each Juror
.25
Talesman .071/2
Service in criminal cases
.50
Attending Prisoner before court or jury
.50
For each mile travel computed each way .05
.75
Advertising Property for Sale besides actual Expences
.75
Levying Execution
.50
Selling Property on Execution or order of sale
.50
Making Deed for Property sold upon Execution Attending court per day
1.50
Bringing up Prisoners on writ of habes corpus besides actual expence .75
1.00
For all sums made by sale on executions 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 21/2 per cent
All fees not enumerated to be in proportion to those enumerated
Witness and Jurors fees per day 2.50
Appraisement of property
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HAWK EYE DISTRICT
New Lodes
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 wast dirt quartz &c. Hereafter no lode shall be recognized as crossing a gulch, and whosoever shall discover the cource 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 lode; but lodes staked and claimed accross a gulch or an extension 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
Owners of cross lodes shall have the right to work their crevice up to the previously discovered lode and one half of the surfice for wast dirt Quarts &c.
Murder
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
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 confis- . cated to pay cost of prosecution and damage
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