USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 20
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Setting out Fire
Any person who shall wilfully, maliciously or through neg- lect set out any fire in this District, or so that it comes into this District and destroy any timber or other property shall be guilty of a misdemeanor and on conviction thereof shall be pun- ished as the Court or jury may direct and be liable to all parties injured thereby
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Nuisances
Every act of commission or omission which may affect the public helth or convenience shall be regarded as a nuisance and the person or persons cansing the same, shall be liable to a fine of not more than one hundred nor less than five dollars, and re- main so liable for every twenty four hours that the same may continue to be determined by the Court or jury according to the agravated nature of the offence and it shall be the duty of the officer of the district to see that this Section of the law is put in force
These laws shall take effect from and after their adopting and shall not be altered changed or amended without the author- ity and sanction of a majority of the legal voters of the District at some public meeting legally called for that purpos
Boundary Lines
This Hawk Eye District on the South line crossing the gulch at large rock on the East side of the Missouri Gulch thence runing west to the sumit of the mountin west, thence runing a northerly course following the devide between Missouri Gulch and Silver crick until striking the devide between the head of Missouri Gulch and Gamble Gulch thence following the Divide in an Easterly Direction between Lump Gulch and Missouri thence runing a Southernly direction on the centre of the divide between the East and west forks of Missouri Gulches thence west to the place of begining
SOUTH BOULDER DISTRICT
RESOLUTIONS OF AUGUST 18, 18601
Miners Meeting held August 18, 1860, South Boulder District
Resolved that the miners shall have the privalege to premt on each or aney Load Claim in this District one Claim the vote past unimaously
Resolved that aney man having a Wife Shall have the priv- aledge of Staking for her a Claim on a quarts Load witch she may hoald as real astate Likewise one yong woman over 18 years of age Shall have the same privalege providing they Aply to the recorder prior to the 15 of July 1861 or the Claim will bee forfited Resolutions past
LAWS PASSED MARCH 30, 18612
Chapter I. Boundaries of District.
The boundaries of South Boulder District are as follows. Starting at a point where the dividing line between S. Boulder and Phoenix District intersects the Western line of Dead Wood District3-thence running Southerly in such a course as shall strike the head of Jefferson Canion-Thence South Westerly on the divide between Moon and Gamble Gulch, to the mouth of Lost Creek or, the South Fork of Moon's Gulch .- Thence west- erly on a line to terminate at a point run South of the head of the Park on S. Boulder River and on the top of the mountain South thereof-Thence North across the head or upper end of the Park and thence runing North to the Summit of the first
1 These resolutions were found on p. 3 of an unbound record of South Boulder District.
2 Boulder District, Revised Laws . passed and adopted by the Miners March 30th, 1861.
3 No records of Deadwood District have been found.
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divide .- Thence Easterly to the head of South Beaver Creek- Thence down along the South bank of South Beaver Creek within one hundred and fifty feet of it, to the place of begining.
Chapter II .- Officers.
Sec. I. The officers of this District shall be a President, a Justice of the Peace, a Recorder and a Sheriff.
Chapter III .- Duties of the President.
Sec. II. It shall be the duty of the President to preside at all Legally called meetings of the miners, and call Special Meetings by posting three Notices in conspicuous places within the District, at least three days before the time of said meeting, when a petition is signed and presented by ten Citizens of the District specifying the particular object or, objects of the meet- ing, which objects must be distinctly stated in the notice.
Sec. III. It Shall be the duty of the President to preside in the Miner's Court, in any case in which he is not interested in the result of the suit or, otherwise disqualified. In such a case, it shall be the duty of the Justice of the Peace to preside unless objected to by the parties interested, in which case, it shall be the duty of the miners to appoint or elect, a presiding officer to try the case.
Sec. IV. It shall be the duty of the President to sign all orders on the Treasurer for money legally appropriated; and deeds for property belonging to the District, which the miners of the District may authorize to be sold, and also to have the care of any property belonging to the District, except, such as it is the special duty of some other officer to protect. It shall be his duty to institue suit against any person guilty of destroy- ing or injuring any property belonging to the District, or com- mitting any offence recognized in the law as a misdemeanor, nuisance or crime, and to appoint a suitable person to conduct the prosecution.
Sec. V. It shall be the duty of the President to appoint an officer Protem, to fill any vacancy that may occur-until the miners shall elect another to fill the vacancy.
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Sec. VI .- It shall be the duty of the President to keep a Docket, in which a correct record of all the proceedings of his court shall be entered, and he shall file and safely keep, all pa- pers connected with suits tried before him.
Sec. VII. The President shall have Probate Jurisdiction within this District according to the laws of Kansas.
Duties of the Justice of the Peace.
Sec. VIII. The Justice of the Peace of the Miner's Court shall perform the duties of the President in case of his absence or disability .-
Sec. IX .- The Miner's or Justice's Court shall have juris- diction over all civil contracts, made in this, or any other Dis- trict in Colorado Territory, Provided, the parties were Citizens of this District at the time of making the contract, or Provided, the defendant is a Citizen of the District at the time of the commencement of the suit.
Sec. X .- It shall be the duty of the Justice, in all cases before entering suit, to require a Bond with good and sufficient security for the payment of all costs, and for all damages in case of attachments being wrongfully sued out.
Sec XI .- No suit shall be brought in the Justice's Court for indebtedness contracted in any other Territory or State, ex- cept by consent of all the parties interested, and no execution shall be collectable on a judgement rendered upon such indebted- ness, except as hereinbefore, provided.
Sec. XII .- The Justice of the Miner's Court shall keep a Docket in which a corret Record of all the proceedings of his Court shall be entered, and he shall file aud safely keep all pa- pers connected with suits tried before him.
Sec XIII .- It shall be the duty of the Justice to issue an attachment, when the Plaintiff establish by his own, or the oath of other person the proof of the facts as alleged in his affidavit. Viz, That he believes the defendant in the suit pending, is about to abscond, or dispose of his property to defraud his creditors.
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GILPIN COUNTY RECORDS
Duties of the Recorder.
Sec. XIIII .- It shall be the duty of the Recorder to safely keep the Records of the District, and to record all papers upon the payment of his fees. To act as Secretary at all public meetings of the District, and by virtue of his office as Treasurer to keep all moneys of the District paid him, subject to the draft of the President, also to keep all vouchers, so that any time he may be able, when called upon to exhibit the financial condition of the District.
Sec. XV .- The Recorder may appoint a Deputy who shall be duly sworn, for whose special acts he shall be responsible.
Duties of the Sheriff.
Sec. XVI .- It shall be the duty of the Sheriff to execute all papers issued by the proper officers and make due return entered thereon.
Sec. XVII .- It shall be the duty of the Sheriff, to return any notice or summons, on or before the time set therein for trial, and the manner of the service shall be set forth in the Sher- iff's return thereto.
Sec. XVIII .- It shall be the duty of the Sheriff, when he attaches any property not capable of delivery, to file a list of the same with the Recorder immediately.
Sec. XVIIII .- It shall be the duty of the Sheriff to exe- cute or, cause to be executed, all penalties for criminal offences.
Chapter IV .- Officers' Fees. President's and Justice's Fees.
Sec I. Subpoena 25 cts. for one, two, or more. . 50 cts. 20 Swearing Witnesses each
Venari
50
Swearing a Jury
25
Hearing a Cause
1.00
Recording a Judgment
Issuing Process
Laws of Kansas. 50
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SOUTH BOULDER DISTRICT
Sec II. Recorder's Fees.
The Recorder shall be entitled to fifty cents for recording each claim; fifty cents for a Deed or any other instrument of not more than one hundred words, and at the rate of fifty cents for each additional one hundred words.
Sheriff's Fees.
Sec. III. Sheriff's fees shall be double of that which is allowed a Sheriff by The Revised Statutes of Kansas.
Chapter V.
Laws of the Government of the Miners' Court.
Sec 1. A person wishing to commence a Civil Action, shall apply to the President or Justice of the Peace, and on the affidavit of the applicant stating that the defendant is justly in- debted to him Shall issue a Summons returnable in three days, to require the defendant to appear and answer. If said sum- mons is personly served, and if such summons is served by copy -and if the defendant does not appear-then a new Summons Shall be issued, and if the defendant cannot be found, the Court issueing the Summons Shall hear the proofs and allegations of the Plaintiff who shall himself be sworn, (granting same privi- ledge to the defendant if present,) in their own behalf, and upon the proofs and Alligations then established the Court or Jury, shall give and record judgement.
In case the defendant can not be found he or she may at any time within Six months apply for a New Trial, which shall be granted for sufficient cause shown, and on the payment of the costs of previous Suit.
Sec. II. Depositions may be used in evidence before the Miner's Court, Provided the witness is sick and unable to attend at the place of trial, or is about to leave the country, or is out of the jurisdiction of the court, Provided, also, that the adverse party shall have notice of time and place, when and where such depositions will be taken, and have the right to cross question
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such witness. Notice, however need not be given when the wit- ness is not a resident of this Territory
Sec. III. No cause shall be continued except by the con- sent of both parties, or upon the affidavit of one of the parties or his Attorney, Setting forth good cause for a continuance, as for the abscence of a material witness, in which case the party must state on oath that he cannot safely proceed to trial without said witness, and that he believes he can procure the testimony of said witness at some future time.
Sec. IV .- Garnishee process may issue as a part of the origonal writ to be served upon both the defendant and Garna- shee, or seperately, or it may be issued after execution is re- turned unsatisfied; in either case, if the Garnashee shall pay the defendant the amount of his indebtedness, after service of said notice and before the final judgement (if any is obtained,) is paid, he shall be liable to the plaintiff for such indebtedness.
Sec. V. New trials may be granted for good cause shown upon the same terms, or by the rules of common law, Provided, the party applying for a new trial first pay the costs that have already accrued.
Sec. VI. It shall be optional with the parties of any suit whether the same be tried by the President, the Justice, or by Jury.
Sec. VII. The regular number of jurymen to try civil causes, unless otherwise agreed upon by the parties, shall be three.
Sec. VIII. Each party shall have the right to three per- emptory challenges, and as many as necessary for cause shown.
Appeals.
Sec. IX. Either of the parties may appeal from the Courts of this District, or from the verdict rendered and en- tered by the Court, or by the Jury of Three, to a Jury of Twelve, on payment of costs already accrued, who shall hear the testimony of the parties in which case the Docket of the Court shall be evidence; and the verdict of the Jury of Twelve, shall
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SOUTH BOULDER DISTRICT
be final-and if the judgement of the Court, or the verdict of the Jury first trying the cause reversed, then the judgment shall include the amount of costs paid by the defendant to ob- tain such new trial.
Notice.
Sec. X. Attachment shall be considered served by being read to the parties, together with a list of the property attached, and in case the party or parties cannot be found in the district, by having a copy of the same at his or their usual place of resi- dence.
Sec. XI. All executions issued from the Miner's Court shall be made returnable in twelve days from their date, and the Sheriff shall note, on each execution the day and hour of re- ceiving the Same, and return the said execution within twelve days, whether Satisfied or not, with his official acts endorsed thereon.
Sec. XII. Any property, sold under execution, shall be advertised, by posting Notices in three conspicuous places, in the district, at least five days previous to the day of sale.
Said Notices must designate the day and hour of said Sale, together with a description of the property to be offered for Sale. The Sheriff may adjourn the Sale to some future day, within the time Specified for the return of the execution, pro- vided there are no bids, or the bids are unreasonably low. Notice of such postponement shall be given during the hours of Sale.
Publication
When Suit is instituted against any person who is absent from, or non-resident of, this district, Service may be had by posting notices or copies of the Summons in three conspicuous places in the district, at least ten days previous to the day of trial. A Copy of one of said notices shall be sworn to by the Sheriff who posted the same, stating when, how and where he served the same, which shall be filed with the papers in the case.
Equity.
The Miner's Court shall have equity Jurisdiction, and shall
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GILPIN COUNTY RECORDS
be governed by common law rules of equity : Provided, either party shall have the right of trial by Jury and Provided, either party shall show, to the satisfaction of the Court, that he cannot obtain justice under the rules of law.
Exemption.
Sec. XIIII. There shall be exempt from levy and sale on execution, the following articles, which are necessary for present use by the defendant: Mining tools, Mechanics tools, bedding, clothing, cooking utensils and necessary provissions for three months. And in case of a man with a family, residing in the district, a dwelling house, not exceeding three hundred dol- lars in value, and the lot on which the same is situated, together with such articles of house-hold furniture as are strictly neces- sary: Provided, that nothing in the foregoing section shall ap- ply to judgment recovered for wages or labor preformed prior to this act.
Citizenship.
Sec. XV. All persons who now reside in this, or, who shall hereafter come into the District to settle therein, and all persons doing business who reside out of the district who on opening claims, Gulch mining, Patch claims, building Quartz or other mills, Ranching, Farming Tunneling, or otherwise im- proving his property, when such improvment and work is actu- ally commenced shall be entitled to vote in all the meetings of the District.
Chapter VI. Criminal Laws.
Sec. I. The President, and in his abscence the Justice of the Peace shall issue a warrant on the complaint of any person under oath charging any person of. a crime or misdemeanor com- mitted in this District authorizeing the Sheriff to take the per- son into custody and to take him or her before the officer issuing the process or if the officer issuing the process is absent, before any other Justice or judge for trial in the district having cogni- zance. The charges preferred by the counsel for plaintiff or com-
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SOUTH BOULDER DISTRICT
plainant, shall be read to him or her, to which the defendant shall plead guilty or not guilty, and on the plea of guilty-the Court shall sentence the prisoner to such penalty by fine or other punishment as he may determin, as defined by the laws of crimes or for petit Larceny, Grand Larceny, and misdemeanor -and on the plea of not guilty, then the defendant shall be en- titled to a trial by jury and shall have twenty four hours to pre- pare for trial and the Court shall issue Subponeas on the appli- cation of defendant for such witnesses as he shall name and such witnesses shall be required to attend said Court and testify in the cause. Any witness refusing to attend on any Court or serv- ice of Subpoena may be brought before such Court on attach- ment issued on the oath of the party requiring his attendance and be subject to all costs accruing upon such attachment if so determined by the Court.
Sec. II. Any person guilty of willful murder, upon con- viction thereof shall be hung by the neck until he is dead.
Sec. III. Any person guilty of man-Slaughter or homi- cide, shall be punished as a Jury of twelve men may direct.
Sec. IV. Any Crime or misdemeanor whatever not herein before mentioned, or provided for by law, shall be pun- ished as a Jury of Twelve men may direct.
Impeachment of Officers.
Sec. V. Any officer of this District may be Impeached and deprived of his office for neglect of duty, violation of the Laws, or any misdemeanor inconsistent with his official posi- tion. All charges brought against an officer must be specific, and presented in writing at a legally called meeting of the Miners.
Term of Office.
Sec. VI. All officers of this District shall hold their re- spective offices for the term of Six months, from the day of their election-Unless they Resign, or are Legally discharged from the Same.
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Chapter VII. Claims Defined &c.
Sec. I. All Lode Claimes made by discovery shall be Two Hundred feet long, by One Hundred feet wide, and all cross Lodes within said boundaries shall be the property of said claim- ants ; all Preemption Lode claims shall be one hundred feet long by fifty feet wide.
Sec. II. All Gulch Claimes shall be One Hundred feet, up or down the Gulch, and from bank to bank; all Patch and Bank claimes Shall be One Hundred feet Square; Water Claimes shall be Three Hundred feet Square.
Sec. III. Every person shall be entitled to one Lode, one Gulch, one Patch, one Bank and one Water Claim, by right of preëmption.
Sec. IIII. The Discovery hole or Shaft, shall be consid- ered in the center of the discovery claim, unless specified to the contrary on record.
Sec. V. Any person, owning a Quartz mill or claim, on which he has a mill, or is preparing to place a mill, shall have the right to cut or construct a race, flume or ditch. Provided, the water be so guarded as not to interfere with vested rights ; priority of claim to be in every case respected.
Sec. VI. No person shall be permitted to mine under any building or other improvement, unless they first secure the par- ties owning such improvement against all damages ; except by priority of title.
Sec. VII. All mining claims must be recorded, unless continuously worked.
Sec. VIII. In all cases, where parties shall have com- plied with the Law, as far as possible priority of claim, when honestly carried out, shall be respected.
Sec. IX. Any person owning Claims of any kind, or prop- erty, may sell and convey by deed, any claim or property, to an actual purchaser who shall be entitled to all the rights and privi- leges belonging to the original owners of such claims or property.
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SOUTH BOULDER DISTRICT
Sec. X. All deeds, Bonds, Bills of Sale, Contracts, or any instruments relating to conveyance of property, shall be witnessed, and must be acknowledged before the President, the Justice or Recorder of this District, and must be recorded, to be held as valid against creditors, or subsequent deed of grantor.
Sec. XI. Discoveries on Lodes shall not be recorded until the 'crevice' is found, and gold or other precious metal found therein, by washing, or otherwise.
Sec. XII No claim shall be valid without person was actually in the mountains at the time said claim was recorded, or have interests here represented by Legal, active partners.
Sec. XIII. Every Water power claimant shall be en- titled to all the natural fall of water on his claim, or claimes.
Sec. XIIII. All Water Claims not improved or repre- sented by their owners, or their Legal agents, on or before the 15th day of next July Shall be forfeited, and open for pre- ëmption.
Removing Timber &c.
Sec. XV. It shall not be lawful for any person or persons to remove, any timber or wood from this District, except, Sawed Lumber and Shingles, and upon conviction of a violation of this Section, the person or persons so offending shall be fined in a sum, not less than double the value of such timber, nor more than one hundred dollars, to be collected as other fines.
Sec. XVI. The Timber upon all recorded Mining, Build- ing and Water Claims, shall belong to the same, Except what has been cut and claimed previous to the passage of this law, and shall not be removed, or appropriated without the permission of the owners thereof.
Chapter VIII. Town Sites and Ranches.
Sec. I. Any persons, or Company that may hereafter lo- cate and lay out a Town in this District shall make a map or plat thereof and file or deposite a correct duplicate of the same
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GILPIN COUNTY RECORDS
in the District Recorder's office with the names of the proprie- tors signed thereunto .-
Sec. II. The Plat, must designate the name of the Town, the District, the boundaries & when located. The said Plat must have all Streets, alleys public squares, avenues, market houses, Burial grounds and Lots, named numbered and staked off.
Sec. III. All deeds, titles or conveyances of said Town lots or property must have the signature of the proprietors thereof and be Recorded in the District Recorder's office-said proprietors being bound for all lots, or property deeded or con- veyed to any person, or persons.
Sec. IIII. The Said Proprietors to have and to hold said Town as Real Estate as other property of the District.
Sec. V. Any persons or Company may locate and lay off a Town in this district by complying with the provisions of this law-Provided they get the consent and signature of a majority of the miners in and of this district.
Ranches.
Sec. VI. Any person or persons, may preempt and hold as Real Estate a Ranche in this District by Recording the Same in the District Recorder's office. The Record must designate the name of the Ranche, of the proprietors, the the boundaries, of the District and when located or claimed-Provided each person shall not preëmpt more than (160 A.) one hundred and Sixty acres of land, and Provided they shall improve such Ranche within three months from date of Record to the value of ($50.00) Fifty Dollars-and Provided they shall not be en- titled to more of the wood and timber thereon than is needed for the improvement and use [of the] Ranche, unless Manufac- tured and sold in the District.
Lien Law.
Sec. VII. Be it enacted That, All labor performed, or material furnished for any Mill, House, Tunnell, Gulch, Ditch or Lode be a Lien on the same, Provided the same is Recorded
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SOUTH BOULDER DISTRICT
within Thirty days from the time such Labor was performed or material furnished.
Taxes.
Sec. IX. All Lode Claims in this District shall be taxed ten cents each on or before the 15th day of Sept. 1861. The proceeds to be applied as the miners may direct-if not paid before that time the Sheriff shall give ten days notice, and if not paid within that time, they shall be sold for the taxes and a valid deed given to the purchaser.
Chapter IX. Tunnel Law.
Sec. I. Any person or company locating a Tunnel Claim in this District, as hereinafter provided, shall be entitled to pre- empt one hundred by two hundred feet of ground, as surface claim, at the starting point for Tunnel purposes and deposits.
Sec. II. Any person or Company runing a Tunnel under this law, shall be entitled to four hundred feet, and no more, upon any Lode, which may be discovered in said Tunnel, two hundred feet of which may be taken on each side of the center line of the tunnel claim; Provided, also, that such discovery be preëmpted and recorded as other claims.
Sec. III. Any person or Company, locating a Tunnel as aforesaid, shall be required to commence work upon the same on or before the first day of June, 1861. And all Claimes Recorded after the first day of May 1861, must be worked within Thirty days from date of Fileing and Recording. Any person or Com- pany shall be required to perform at least three months labor for one laborer, in every Six months-upon failing to comply with the requirements of this section, the right of such Tunnel shall be forfeited.
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