USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 22
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On Motion carried that the Surveyor give a correct Meas-
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GILPIN COUNTY RECORDS
urement of Lake Gulch claim No 19 he found it Shall belong to J. Newman-to be surveyed at the expence of the owners of claims on said gulch to comence at the old boundry or stump also by vote claim No 29 on Lake Gulch was given to E. Gran- don-on Motion Adjourned Sini Di
S G. Colly President
R B Hayward Sec.
Lake Gulch July 6th 1861
Miners met persuant to call of the President
Motion made that John Bennet claims Nos 33 & 34 on Lake Gulch vs Bloom[ ?] Motion carried that he and Brother retain said claims.
On Motion a comittie of five were apointed to investigate Mr W Putlack case in refarence to claims claimed by Putlack and other parties = O. F. Barns Wm Nichleson = A Miller & Clark & McGrath
On Motion meeting adjourned
R. B. Hayward Sec
Lake Gulch July 8th 1861
This is to certify that J. Nelson Smith Surveyor of Lake District have this day surveyed or masured Lake Gulch per call of the Citizens of Lake District on July 3d 1861 with the fol- lowing results comenceing at No 1 below discovery by directions of Nicholson Miller and Waggoner Lockwood measuring down the Gulch staking & numbering a stake evry fifty feet and that said numbers agreed or nearly so with Stakes that have ben pre- viously drove and numberd
Attest
Signed J. Nelson Smith
R. B. Hayward Assistant
J. A. Woodmancy Assistant
Lake District July 20th 1861
At a regular meeting of the miners of Lake District on Motion carried No 19 on Lake Gulch was voted over to Jacob
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LAKE DISTRICT
Newnam acording to the survey made by J. Nelson Smith July 8th 1861
R. B. Hayward Recorder
Lake District July 26th 1861
Miners met pursuant to call of spposed call President called the meeting Parties would a written call and report of comittie was called that was appointed to investigate right and title of said Putlacks (deseased) to claims on report [on ] Lake Gulch and on motion of Dr Waggoner the following amend- ments was made to report that parties now acupying the ground shall pay to Samuell Putlack or his heirs administrators the sum claimed on said claims now in dispute with the exception of pro rate of (16) sixteen feet on (69) sixty nine Substitute by Mr Hodge Last First motion the first carried motion that report be adopted as amended carried
J. N. Smith Deputy for R. B. Hayward Recorder
Lake Dist Aug 10th 1861
At a regular Meeting called & organised a Move made & seconded that the claims No 45 & 46 on Lake Gulch be given to Mr Lot & Mr Cohein carried Moved & seconded that Mr Mc- Grath hold a lean on the above claims for the Amount of 21 dollars & 25 cents,, Moved to ajourn carried
R. B. Hayward Sec
Lake District Aug 20th 1861
At a regular called meeting of the Miners of Lake dist a Motion made & seconded that the proceedings of a meeting held Aug 10th 1861 be set aside carried Moved & seconded to give claims No 45 & 46 on Lake Gulch to Mr Death Fleming carried Moved to adjourn carried
R. B. Hayward Sec
Lake Dist Sept 28th 1861
At a meeting of the citizens of Lake dist held this day Mr O. F. Barns chosen chairman of Meeting Mr Ebinezer Smith
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GILPIN COUNTY RECORDS
was Elected President of said dist to serve in the absence of Mr S. G. Colly
R. B. Hayward Sec
REVISED LAWS1
AN ACT IN RELATION TO THE OFFICERS OF LAKE DISTRICT, THEIR DUTIES, TERM OF OFFICE AND FEES.
Section One.
Be it enacted by the citizens of Lake District in Convention assembled : That there be elected in this District upon the first Monday of March in each year the following Officers, who shall hold their respective offices for the term of one yere, unless they shall sooner die, resign, remove from the District, or be removed for misconduct by the citisens of this District : vis-a President Judge of the District, a Constable, a Surveyor and a Recorder who shall be ex-officio Treasurer of this District
Section Two.
Be it further enacted: that there shall be elected, at the same time, two Justices of the Peace, who shall have original jurisdiction in all cases not hereinafter otherwise provided. Parties may remove any cause from one Justice to another on making affidavit that he or they believe that an impartial trial cannot be had on account of prejudice of the Justice. Appeals may be taken to the President Judge of Superior Court, and the decision of said Court shall be final It shall be the duty of the President Judge to preside at all public meetings of the citisens of this District, when called for purposes of a public character.
Section Three.
Be it further enacted: that it shall be the duty of the Re- corder-safely to keep the books and records of the District and to record all proper papers, upon payment of the legal fees, to act as Secretary of the District and to keep all moneys paid to him by the President or Justices of the Miners Court, until the
1 The manuscript was found among the Sayre Papers. The manuscript is not dated, but reference to Colorado Territory would place it not earlier than 1861. The laws are in duplicate. The district was organized in 1860.
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LAKE DISTRICT
same are ordered to be paid over by vote of the Citisens at some public meeting legally called. The said Recorder shall give Bonds to the District, to the amount of One Thousand Dollars for the faithful performance of his duty as Treasurer thereof, said Bonds to be approved by the President of the District.
Section Four.
Be it further enacted that the fees of the Recorder shall be regulated as follows: For recording claims and all other writ- ten instruments required to be recorded-Fifty cents when less than a Folio-One Dollar when more than one and less than Two Folios and at the same rate for each additional Folio, and such other Fees for District business as the citisens shall allow
The fees of the Justice shall be as follows :
For Summons.
One person .50
each additional person
.25
Order of arrest
.50
Docketing cause
.20
Attachment
1.50
Subpoena-for one person
.50
Each additional herein
.25
Replevin
.70
Venire
.75
Execution
.50
Every other writ
.70
Entries-Each adjournment
.30
Judgt on writs or for costs
.50
Dismission or discontinuance without costs
.50
Satisfaction of Judgt
.50
Transferring
.50
Taking verdict
.50
Each motion decided
.50
Making up Docket per folio
.30
Certifing affidavit
.50
any Record
.50
Transcript of Docket and copying per folio
.30
Swearing Jury
.50
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GILPIN COUNTY RECORDS
Swearing Witness
.20
Each Bond .70
Swearing Arbitrators-each
.25
Sitting during continuance of Arbitration each day
1.00
Making Arbitration Bond
.50
Entering award on Docket per folio
.30
Attachment against witness for contempt
.75
Warrant in criminal cases-one person
1.00
" each additional therein named .50
The Justices and Judge of the Miners Court shall receive Five Dollars for presiding at each trial-and double the Fees allowed by the laws of Kansas for 1859-for making out the necessary papers, with the exception of the cases otherwise pro- vided for by this Act.
The fees of the Constable shall be as follows :
Serving and returning Summons, each person
.50
Subpoena each witness .50
66 Order of arrest .75
66 " Replevin
.75
66
and returning Execution
1.00
66
Warrant 1.00
.50
Taking and returning Bond
.70
Summoning Jury
1.00
Attending
.50
Advertising and selling on Execution 1.00
On all money collected on Execution-to be paid by Deft 10%
Tenure fee-eachı mile .20
Bringing prisoner to Court by order 1.00
1.00
Collection of all moneys without sale
10%
The fees of Referees and Arbitrators shall be for each per day 2.00
The fees of witnesses shall be-per day
2.00
Traveling fee of witnesses per mile necessarily traveled in going to and coming from place of attendance .10
notice on garnishee
Appraisal and return
.50
Attending criminal examination
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LAKE DISTRICT
Section Five.
Be it further enacted : that ten days' residence within this District shall constitute the only qualification for voting for all males over twenty one years of age.
Section Six.
Be it further enacted: that it shall be the duty of the Justices and Judge to sign all writs issuing from the Miners Court, to make all transcripts of Judgments required-on pay- ment of their fees, to enter judgments and pay over to the proper parties moneys collected on such judgments and excep- tions, to try all criminals and pay over to the Treasurer all moneys they receive for the District for fines and judgments, and to perform such other duties as necessarily appertain to their offices.
Section Seven.
Be it further enacted: that the distinctions between Law and Equity shall not be recognized in the Miners Court, and parties in any case may avail themselves of all their Legal and Equitable claims on defenses in the same action.
Section Eight.
Be it further enacted : that the Miners Court may grant writs of Injunction-upon motion-in all proper cases, and all other motions-upon sufficient cause supported by affidavits, and may do all such other acts as a court of Equity may do.
Section Nine.
Be it further enacted: that the Miners Court shall have power to fine for contempt in a sum not exceeding One Hun- dred Dollars and may issue execution thereon as upon a Judg- ment.
AN ACT IN RELATION TO PRACTICE IN THE MINERS' COURT Section One
Be it enacted by the citizens of Lake District in Conven- tion assembled :
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GILPIN COUNTY RECORDS
That if any person shall wish to commence a civil action in the Miners Court of this District, he shall file with a Justice thereof a statement in writing, setting forth the grounds of complaint, which shall contain all the facts and allegations nec- essary to constitute a cause of action, in plain and unequivocal language. Such statement shall be known and called by the name of a complaint. Upon the filing of a complaint the Court shall issue a writ or summons to be served upon the defendant to appear and answer at the time therein named, or Judgment will be issued by default. If the relief demanded be for a sum of money the amount shall be stated in the summons. If for a sum of money and other relief, the summons shall state in substance, that if the Defendant do not appear and answer at the time therein named judgment will be taken against him by default for the sum of money, and such other relief as to the Court may seem proper. If the remedy applied for shall not be for any sum of money, the summons shall ask judgment for the relief demanded in the complaint.
Section Two
Be it further enacted: that the defendant at any time before the day set for trial of any cause in the Miners Court, may 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 the plaintiff in his reply, and all matter not denied or avoided by one pleading subsequent to another shall be taken as con- fessed and true.
Section Three
Be it further enacted : that the term of three days shall be granted for the filing of each pleading subsequent to another, until the issue is made up.
Section Four
Be it further enacted : that all pleadings shall be verified by the parties or their attorneys.
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LAKE DISTRICT
Section Five
Be it further enacted : that in all cases of the foreclosure of a mortgage, or lien of any kind, the Equity of Redemption shall not extend beyond ninety days.
Section Six
Be it further enacted: that in all cases for partition of claims between joint owners, three disinterested commissioners shall be chosen by the parties who shall effect such partition.
Section Seven
Be it further enacted: that depositions may be used in evidence, provided the witness is sick, and unable to attend the place of trial, or about to leave the country, or is out of the jur- isdiction of the Court. If taken within the District, notice shall be served upon the adverse party, of the time, and place when the said deposition is to be taken, if out of the District, notice shall be given by mail, by publication in the Denver newspa- pers, or by any other method whereby-in the judgment of the Court-the party would be most likely to receive notice.
Section Eight
Be it further enacted: that the rules of evidence as ad- mitted in the Courts of the United States shall be observed in the Miners Court.
Section Nine.
Be it further enacted: that no cause shall be continued. unless upon the affidavit of a party or his attorney-of the absence of a witness whose evidence is material to the issue- as he verily believes, and that he cannot safely proceed to trial without the evidence of said witness, who, he believes, can be procured at some future time which he shall state, or for some other good and sufficient cause.
Section Ten
Be it further enacted : that in all cases of attachment and Replevin, the practice prescribed by the laws of Kansas for
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GILPIN COUNTY RECORDS
1859 shall be observed, and when, in case of attachment the defendant has left the District, or keeps himself secreted within the same so that process cannot be served upon him, notice shall be posted up at three of the most conspicuous places in the District for ten days, which shall be deemed sufficient notice. The Court shall be satisfied before granting notice to be posted, that the defendant cannot be reached in the usual way.
Section Eleven
Be it further enacted; that garnishee process may issue as a part of the original writ to be served on both Deft and gar- nisher, or separately, or it may be issued separately after the execution is returned unsatisfied, and in either case if the garnisher shall pay the demand over to the Deft after legal notice, he shall be held liable to the amount of Pltffs judgment and costs, if he was indebted to that amount when service was made, and if in a smaller sum, the amount of his indebtedness at the time notice was served.
Section Twelve
Be it further enacted: that all special proceedings in the Miners Court shall be conducted according to the forms pre- scribed in the Laws of Kansas for the year 1859, as far as con- sistent with the laws and local affairs of this District, and all motions relating to such proceedings shall be verified by affi- davits of the parties or their attorneys.
Section Thirteen
Be it further enacted: that new trials of all cases which have been or may be tried shall be granted upon the same terms as are required by the rules of the Common Law, and it shall be discretionary with the Court in all cases to grant or reject the application.
Section Fourteen
Be it further enacted: that no debt or demand of any nature shall be collected by suit in this District which has not
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LAKE DISTRICT
originated either in coming to this mining region, or since the arrival of the debtor within the limits of Colorado Territory.
Section Fifteen
Be it further enacted: that in all cases when the liability of persons in actions founded on contract or in mixed actions is not defined by the laws of this District, the common law rules shall apply.
AN ACT RELATING TO TRIAL AND ITS INCIDENTS Section One
Be it enacted by the citizens of Lake District, in Conven- tion assembled; That in all cases when a civil action is com- menced in the Miners Court, the Ptff shall file a bond with one or more good and sufficient sureties, conditioned to pay all costs which may be taxed against him in case he shall fail to recover judgment in said suit.
Section Two.
Be it further enacted : that upon the return day of a sum- mons, if either party shall call for a Jury, he shall first advance the fees, at the rate of one dollar and fifty cents for each Juror, and, in case he shall prevail in the same the fees so advanced shall be taxed against the adverse party, but in case no Jury is called for the cause shall be tried by the Court.
Section Three
Be it further enacted ; that when a Jury is called for, the Court shall issue a Venire, and the Constable shall make out a list of twenty four names of citizens of the District, and shall submit the same to the parties or their attorneys, who shall strike off, each of them alternately, an equal number of names until the proper number shall remain, said number to be either three, six, or twelve, as the parties may agree.
Section Four
Be it further enacted; that if any person wish to enter
10
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GILPIN COUNTY RECORDS
an appeal from the Justices Court, he shall give notice thereof within five days from the day when the verdict or judgment was rendered, either by giving notice in open Court, or by procur- ing the same to be entered upon the docket, and shall perfect his appeal within five days by giving security for the payment of all costs which have accrued, or may accrue in the course of the proceedings on appeal, said security to be approved by the Justice from whom the appeal is taken, and by advancing Jurors fees. The cause shall then be set for trial in five days thereafter.
Section Five.
Be it further enacted; that Jurors may-by direction of the Court-render special verdicts, upon which the Court may enter judgment and issue its decree or order.
Section Six.
Be it further enacted; that a Juror may be challenged for favor or cause shown by his own evidence or that of others.
Section Seven.
Be it further enacted; that in case of a deficiency of Jur- ors-the Constable may summon as many as may be needed to make up the requisite number.
Section Eight.
Be it further enacted : that in all cases the defeated party shall be liable for the costs of the suit.
Section Nine.
Be it further enacted : that from the decision of the Appel- late Court, and the verdict of the Jury sitting on an appealed case, there shall be no appeal.
Section Ten
Be it further enacted : that all executions issuing out of
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LAKE DISTRICT
the Miners Court shall be made returnable within twenty days from the date, and the Constable shall note on each execution within the said twenty days, whether satisfied or not, with his proper return thereon endorsed.
Section Eleven.
Be it further enacted : that every summons shall give five days notice, and execution for judgment and costs shall issue within five days from the date of judgment.
Section Twelve
Be it further enacted; that the President Judge may call a public meeting at any time he may deem the same necessary, by giving forty eight hours notice, said notice to be posted in six places as conspicuous as may be found in the District
Section Thirteen
Be it further enacted; that-when the parties consent- the Justice may swear them as to the matter in controversy, and decide the case without other witnesses and without a Jury, said decision to be final, the fees of the Justice in such cases to be two dollars.
Section Fourteen
Be it further enacted; that-when the parties consent- any matter in controversy may be submitted to three Arbitra- tors, one to be chosen by each party, and the third to be selected by the two thus chosen, or by the Justice should they be unable to agree. Said arbitrators shall be sworn by the Justice to justly try the case submitted to them, and shall receive instructions from the Justice as to any point of Law which may arise, with- out being bound to adhere to the strict rules of law. Before thus submitting the case, the parties shall bind themselves in a penalty double the amount in controversy and the costs which may be awarded, to abide by the decision given, without further litigation. The fees of said arbitrators to be two dollars each, which may be demanded before proceeding to trial.
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GILPIN COUNTY RECORDS
AN ACT IN RELATION TO CRIMES AND NUISANCES Sec. 1.
Be it enacted by the citisens of Lake District in Convention assembled that all crimes committed in this District shall be punished as a Jury of twelve men may direct, except in cases where it may seem to the Court advisable to submit the consider- ation of the same to a Miners Meeting regularly called for that express purpose.
Sec. 2.
Be it further enacted that any person who shall cause or commit any nuisance affecting or liable to affect the health of the people of this District-may be prosecuted for the same in the Miners Court in the name of Lake District versus the Deft. and shall be liable to pay damages in a sum not exceeding one hundred dollars and costs of suit. Such sum to be applied to the use of said Lake District.
Sec. 3.
Be it further enacted that executions shall issue in all cases under the provisons of this Act in the name of the District.
Sec. 4.
Be it further enacted that on receiving information of the existence of any nuisance within the District-liable to affect the public health-the President shall order the immediate abatement thereof and if it shall appear satisfactorily to him that said nuisance has arisen through the act or negligence of any person or persons-he may order such person or persons to remove the same at his or their expense-on penalty of such fine as may seem to him-the said President, adequate. In case the person or persons guilty of such act or negligence- can not be found-the District shall pay the expense attending the abatement of said nuisance.
AN ACT IN RELATION TO LEVY AND SALE UPON EXECUTION Sec 1
Be it enacted by the citisens of Lake District in Convention assembled-
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LAKE DISTRICT
That there shall be exempted from levy and sale upon exe- cution all tools for mining and mechanical purposes, bedding, clothing, cooking utensils and necessary provisions for three months and in case of a man residing here with his family-one dwelling house not exceeding in value five hundred dollars and such articles of household furniture as are strictly necessary together with a Cow and calf-a bible, family pictures and relics.
Sec. 2.
Be it further enacted-that all property taken in execution shall be posted in three conspicuous places in the District for ten days next preceding the sale thereof and the court may adjourn the said sale at any time when it appear that the prop- erty cannot be sold unless at a great sacrifice for want of bidders.
Sec. 3.
Be it further enacted-that money collected on execution shall be paid into the hands of the Court by the Constable to satisfy the Judgment in whole or in part-as recorded in his books and the Court shall pay the same to the proper parties or their attorneys.
Sec. 4.
Be it further enacted-that no levy shall be made upon Real Estate-until return has been made that sufficient personal property cannot be found within the District.
Sec. 5.
Be it further enacted that in any case of levy upon property -the defendant may transfer said levy to any other property within the District-provided he shall satisfy the Court that said property is unincumbered and is worth twice the amount named in the writ upon which said Levy is made.
AN ACT DEFINING CLAIMS AND REGULATING THE TITLE THERETO
Section 1.
Be it enacted by the people of Lake District in Convention
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GILPIN COUNTY RECORDS
assembled : That all mining Lodes of Gold or of any other precious or useful metals and all Gulch or other claims shall be held under and defined by the provisions of this Act.
Section 2.
Be it further enacted that the term "claim" as used in this District shall be construed to mean-when applied to a Lode- One hundred feet running the length of the same: when applied to a Gulch One hundred feet square: when applied to Patch or Placer diggings one hundred feet square: when applied to tun- nelling claims-the entire distance intended to run the same for discovery purposes as shown by record: when applied to Quarts Mill claims-two hundred and fifty feet square: when applied to a Ditch claim the entire distance staked out and to which it is intended to run the same-as shewn by survey and the record when applied to a water claim-the exclusive right to use water for mining or Mill purposes upon any Ditch or stream-not exceeding two hundred and fifty feet: when ap- plied to a farming or Ranche claim One Hundred and Sixty acres : when applied to a building claim forty feet front-by one hundred feet in depth.1
Section 3.
Be it further enacted that no person shall hold more then one water, building, farming, or Ranche claim-except by pur- chase.
Section 4.
Be it further enacted that hereafter all claims within this District shall be held as Real Estate.
1 In the other copy this section reads as follows: Be it further en- acted that the term "claim"-as used in this District-shall be construed to mean-when applied to a Lode-One Hundred running the length of the same and Twenty Five feet in width on each side of the Main Crevice: when applied to a Gulch-One Hundred feet Square: when applied to Patch or Placer Diggings-One Hundred feet square: when applied to Tun- nelling claims the entire distance which it is intended to run the same as shewn by survey and the record: when applied to a Water claim-the ex- clusive right to use water for mining or Mill purposes upon any Ditch or stream-not exceeding Two Hundred and Fifty feet: when applied to a farming or Ranch claim-One Hundred and sixty acres: when applied to a building claim Forty fcet front, by One Hundred feet in depth.
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