USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 3
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"We, the people of the mining district, having been in- formed that an effort has been made by the citizens of Denver and Auraria, to reduce the price of Gold dust from the rates for which it has formerly been received, and as we believe from the schedules which we are well aware have been received from the United States Mint, it is of much greater value than the price for which they propose to receive it. Therefore :-
1 .- "Resolved, That the action of the Merchants and Trad- ers of Denver and Auraria Cities regarding the late reduction
1 Rocky Mountain News, November 10, 1859, p. 4.
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on the rates of gold dust meets with our most hearty disapproba- tion and disapproval.
2 .- "Resolved, That we will let no means fail of express- ing our disapprobation of this measure, both by will and by act, and we hereby cordially agree, as miners, to support each other in this resolution.
3 .- "Resolved, That we duly appreciate the action of our Mountain Traders in the aid and comfort they have extended to us in receiving our gold dust at the usual prices while they themselves are suffering from the changes lately affected.
4 .- "Resolved, That in our efforts to render null and void the self constituted action of the Merchants and Traders of Den- ver and Auraria, relating to the value of gold dust, we will in no case lose sight of our own Mountain Traders who have, and still are, standing by us arın to arm and shoulder to shoulder in all our endeavors to put down an effort not only mean and un- just but derogatory to the dearest interests of every working man in the Rocky Mountains.
5 .- "Resolved, That we believe, and are well assured in our belief, that certain speculators in Denver and Auraria, have sent some of the poorest specimens of retorted gold mixed with quartz to the mint to be coined, which they could by any possi- bility obtain for the purpose of swindling mountain men and miners, and that we will use our every effort to direct trade from the points before named to such as will receive our gold at its intrinsic value, and where goods can be purchased at the lowest rates."
The foregoing resolutions, after being read, were adopted by the meeting without a dissenting voice, after the meeting was addressed by Mr. McIntire and Mr. Clark.
Col. McLean then addressed the meeting who stated that he had been a miner in California ; that the gold dust there was of inferior quality to that obtained here, for which over nine- teen dollars per ounce was realized at the mint, upon an average.
Geo. W. Brizee then addressed the meeting; he stated, dur- ing the course of his remarks, that the valleys were dependent
2
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GILPIN COUNTY RECORDS
upon the mountains but the mountains were not dependent upon Denver and Auraria. If we can purchase our goods at the same prices in Golden City, and they will receive our gold at the usual rates, we had better patronize them, or if we should send a train of thirty or forty wagons to the States through Denver and Auraria, to supply our wants, they may be soon convinced as to whether the mountains were dependant upon the valleys.
The Chairman, T. T. Prosser, then addressed the meeting; he stated among other good things, that the evidences given us by nature were conclusive that there is no more difficulty in wintering in the mountains than on the plains, so far as the in- clemency of the weather is concerned, for we find the bulb cac- tus growing here in abundance in connection with other tender plants never found in the regions of the north. These facts in connection with others have induced us to make an attempt to winter in these mountains, notwithstanding the fabulous stories of Denver and Auraria, and the time is not far distant when it will be evident, not only to the capitalist, but to the bus- iness man, that the source of wealth is the mountains, and all efforts made to depreciate their true value is against the miner's interest directly, and indirectly against all connected therewith. Therefore, it becomes all that are interested in these mines to guard with a jealous care our mountain interests.
Mr. Rariden was then called upon who stated that he had no further remarks to make relative to the objects of the meet- ing, but announced several meetings to be held in various dis- tricts, and among others that a meeting would be held in Rus- sell's district where various certificates will be exhibited, show- ing the true value of the gold taken from the leads and gulches in said district, after which the meeting, upon motion, was adjourned until Saturday evening next.
Winton Smith, Secretary. T. T. Prosser, President.
LAWS OF FEBRUARY 18 AND 20, 1860.1
At a meeting of the Citizens of Gregory District held in 1 Record A 2d.
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Mountain City, On the 11th day of Februay A D 1860 at 7 oc P. M a Committee consisting of Geo W Brizee William II Bates and B F Chase ware appointed to Codify and amend the Laws of Said District, and to repoart the Said Laws So Codified and amended to a meeting to be held at the Same hour and place On the 18th inst.
In accordance with the duties imposed upon them the com- mittee report the following acts regulating the rights of Persons and of property and the manner in which those rights may be pursued.
AN ACT TO PROVIDE FOR AND DEFINE THE FUTURE BOUNDARIES OF GREGORY DISTRICT
Sec 1st Be it enacted by the citizens of Gregory District in Convention assembled, That it Shall be the duty of the Re corder of this District, On Or before the 22nd inst to make and caus to be posted three notices in each of the Districts adjoining this district, wherein the Citizens thareof Shall be invited to Send, three delegates each to attend a meeting to be held at the City Hall in Mountain City in Gregory District, On the 1st day of March next following at 2 o.clk P. M. That the bound- aries of this and adjoining Districts may be permanantly and definately definde with acracy and Certainty
Sec 2n Be it further enacted, that after the Said bound- aries of this District Shall be permanently defind and fixed or provided for in Sec One no change Shall thareafter be made in its boundaries without the consent of the Citizens of this Dis- trict.
Sec 3rd Be it further enacted, That if any person shall wish to change the boundaries of this District, Or erect another within the Same, or annex any Territory before that time not belonging thareto, A public meeting of the Citizens of this Dis- trict Shall be called, and Ten days notice given of the Same by posting 12 Notices of Said meeting in as many conspicuous places. If the petition for a new District, Or change of boundary applide for be granted it Shall not take effect for 10 days thereafter. Approved Febry 18th A D 1860
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AN ACT DEFINING CLAIMS AND REGULATING THE TITLE THERETO.
Sec. 1. Be it enacted by the Citizens of Gregory District in Convention assembled. That all mining loeds of Gold or any other precious or useful metal, and all mining and other claims Shall be held under and defind by the prvissions of this act.
Sec 2d Be it further enacted, That the term Claime as used in this District, Shall be construde to mean whenever ap- plide to a Load, One Hundred feet running the length of the Same and fifty in width. When applide to a Gulch. One Hundred feet following its meanderings, and extending from Bank to Bank. When applide to Patch ot placer diggings One Hundred feet Squair. When applide to Tunnelling Claims the entire distance intended to run Same for discovery purposes. As shown by record and the Stake at the mouth of the Tunnell.
When aplied to a Quarts Mill claim the distance of Two Hundred and fifty fect Squair. When applide to a Ditch claim the entire distance staked out which they intend to run the Same, as shown by the survey and Stakes. When applide to a water claim. the exclusive right to use water for mining puposes upon any ditch or Stream not exceeding in distance two Hun- dred and fifty feet. When to a Farming Or ranch claim, One Hundred & Sixty acers. When applide to a building claim fourty feet front and One Hundred feet deep
Sec 3rd Be it further Enacted, That no person Shall hold more than One leod, Gulch patch or placer claim in this district, Except by purchase or discovery.
Sec 4th Be it further Enacted, That no person Shall hold more than one Water, building, Farming or Ranch Claim ex- cept by purchase.
Sec 5th Be it further Enacted, That each discovery claim shall be marked as such, and all purchased claims shall be re- corded, and in either case they Shall be Safely held whether worked or not.
Sec 6th Be it further Enacted, That any claim or claims not held either by purchase or discovery if abandoned for ten
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consecutive days, after being staked off, Shall be forfeited to any person or persons who may take up the Same and work them, and not abandon them as aforesaid.
Sec 7 Be it further Enacted, That no claim Shall be re- garded as good and Valed, unless Staked off with the owners name, giving the driection length, width, and date when the same was made. And when held by a company the name of each member shall conspiceously appear.
Sec 8 Be it further Enacted, That when members of a company consisting of two or more, Shall work one claim of the company, the rest shall be considered as worked, by putting a notice of the Same thareon.
Sec 9 Be it further Enacted, That all mining claims which have been or may be taken up before the 1st day of June next, need not be worked untill that date, provided however, that the person who So has, or Shall take up a claim as afore- said, Shall file with the Recorder for record a Statement thareof wharein he shall discribe the claim, and aver that it cannot be worked profatably for the want of either water or the proper macheanery, untill the first day of June next at which time he believes the said water or macheanery can be procurred.
Sec 10th Be it further Enacted, That in all cases wharin parties shall have complide with the Law as far as possable prioriety of claims when honestly carried out Shall be re- spected .-
Sec 11th Be it further Enacted, That all Contracts of partnership or agreements, whereby an interest in a claim or lands is conveyed, and all contracts reletive thareto, hereafter made Shall be in writing, and give the names and intrests of each of the parties, and when a partnership, the firm name also, and the Same shall be recorded before the 1st day of April next, Or the Said Contracts Shall not be regarded as binding upon or effecting any but the original parties in any transaction whatever.
Sec 12th Be it further enacted, That all deeds, Bonds, contracts, bills of Sale, or instruments of any kinde relitive to
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the convyance of claims and lands Shall be witnessed by at least two disinterested witnesses and recorded.
Sec 13th Be it further Enacted, That when any miner Shall hold both a Gulch and loed claim, if one be worked, the other may be held without working, by recording the Same .-
Sec 14th Be it further Enacted, That any person owning a Quartz Mill claim upon which he has a Mill or is prepairing to place one, may claim the right to cut a race or ditch from any Stream to bring water to Said Mill not interfering with Vested rights .-
Sec 15th Be it further Enacted, That all claims held by Virtue of Laws heretofore in force Shall be regarded as Vested property, and no person Shall be disturbed in the possession thareof.
Sec 16th Be it further Enacted, That when water is claimed for Gulch and quartz Mining purposes On the Same Stream neither shall have the right to more than one-half unless there shall be insufficient for both, when prioriety of claim shall determine.
Sec 17th Be it further Enacted, That if two or more par- ties wish to use water on the same stream or ravine for Quartz Mining purposes, No person shall be entitled to use more than his proportinate share of water, but in case there shall not be water Sufficient for all, priority of Claim Shall determine the right to such water.
Sec 18th Be it further Enacted, That when water compa- nies are engaged in bringing water into any portion of the mines, they Shall have the right [of] way secured to them and may pass over any claim, road or ditch, Provided water Shall be garded as not to interfeer with any vested rights .-
Sec 19 Be it further Enacted, That all other questions not settled by the provissions of this act, arising out of the rights of Riparian proprietors Shall be desided by or in accordance with the provisions of the Common Law
Sec 20 Be it further enacted, That claims of every kinde except Discovery mining claims must be recorded, unless the Same are continiously worked and used according to Law .-
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Sec 21 Be it further Enacted, That the rules & regula- tions observed in mining regions within the United States, reg- ulating the digging for gold under building lotts, upon Ranch, farming and other claims shall be observed in this District
Sec 22 Be it further Enacted, That if any person Shall locate a Tunnell in this District for the purpus of discovery, he shall first filc a specification of the Same with the Recorder, whose duty it shall be to record the Same upon payment of his fees. The Said Specification Shall State the place of com- mencement and the terminus of said Tunnell, togeather with the names of the persons interested therein. A Four Squair Stake Shall be plased at its mouth, having written thareon the same things hereby made necessary to record .-
Sec 23 Be it further Enacted, That any person or per- sons engaged in working a tunnell, provided he or they shall comply with the requirements of the law, shall be entitled to two Hundred and fifty feet, on each side of all leads discov- ered in consequence of the Same, and such parts of the lods as they are entitled to in consequence of such discovery, shall be held as discovery claims. Provided however they do not inter- fair with Vested rights, and if it shall appear that loeds are staked off on the line of said tunnell so that the required num- ber of feet, cannot be taken nere to them, they may be taken upon any part thereof, whenever the same may be found vacant.
Sec 24 Be it further Enacted, That if the person or per- sons locating a tunnell shall fail to work the same for Twenty days after the first of July next, they shall forfit their claim to Said Tunnell, but not to the claims they have discovered, and held by Virtue of discovery before the time of forfeiture .-
Sec 25 Be it further Enacted, That the person or persons working a tunnell Shall after the same is legally located have the priority of right to all leads discovered in the line of the tunnell from the recorded line of its mouth to its terminous. And Shall have the right of way, through all loeds which may be in the course said tunnell is recorded Staked out or worked.
Approved 18th Feb 1860
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GILPIN COUNTY RECORDS
AN ACT ESTABLISHING A MINERS' COURT AND REGULATING ITS JURISDICTION.
Sec 1 Be it Enacted, By the Citizens of Gregory District in Convention assembled. That a regular term of Court to be known as the Miners Court shall be held in this District in Some convenient and proper place, upon Monday of each Week All writs to be made returnable at Said term, Shall be Served before the Fryday next preceeding. if not So Served they shall be made returnable at the Second term after Service. Nothing herein contained shall be so construde as to prevent the trial of criminals at any time.
Sec 2 Be it further Enacted, That the Officers of said Court shall consist of a Judge a Clerk, the Sherriff of Arapaho County and his Deputies, And the Attorneys of said Court regu- larly admitted, as such.
Sec 3rd Be it further, enacted, That it Shall be the duty of Said Court to Sign all writs issuing out of Said Court, Either by himself or his Clerk. To make all Transcripts of Judge- ment required On payment of his fees. To enter Judgements and issue Executions, and pay over to the proper persons moneys collected on such Judgement and Executions. To try all Crim- inals and pay over to the Treasurer all monys he may receive as fines for the District, And to perform such other duties as properally appertain to his said office
Sec 4 Be it further Enacted, That if the Judge of Said Court, Shall not be able to attend any trial Or shall be disqualli- fied from any caus to try any suit, Or if thare shall be more business than the court can attend to, Or if any person Shall make his affidavit in writing, that he does not believe that he can have a fair and impartial trial before the Said Judge of Said Court, Or if the said Court shall be interested in the event of any suit, Either as Plaintiff or Defendnt, Or with either of them in any manner the President of the District shall preside in the Miners Court at Such trial.
Sec 5 Be it also Enacted, That the Miners Court shall have Equity as well as Law Jurisdiction, and may grant writs of injunction On Motion upon proper caus Shown to be sup-
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GREGORY DISTRICT
ported by affidavits alonc. and do all such Other acts as a Court of Equity has power to do.
Scc 6 Be it further Enacted, That the Miners Court shall have power to fine for contempt in a sum not exceeding $50 and may issue Execution thareon the same as other Judge- ments.
Scc 7 Be it further Enacted, That the Said Court shall have power to appoint its own clerk whenever it shall be deemed nessary, And the said Clk shall have such powers as a Clk [of] record has under the Laws of Kansas, relating to matters that may cum before Said Court in consequence of some prossess issud tharefrom
Sec 8 Be it further enacted, That the Jury for each term of Court shall be drawn upon the Thursday next preceeding each term in the following manner. The Sherriff Or his deputy shall place the names of 100 Good and Suitable men in a Box prepared for the purpos, and the Judge of the Court, Or the Clk thareof shall draw tharefrom the names of Eighteen Men who shall be Summoned to act as jourors for the next succeed- ing term of Court. When nessary the Sherriff may summons talismen, but no person shall serve as jouror for two succeeding terms of Court. Approved 18th Febry A D 1860
AN ACT RELATIVE TO THE OFFICERS OF GREGORY DISTRICT, THEIR DUTIES, TERM OF OFFICE AND FEES.
Sec 1st Be it Enacted by the Citizens of Gregory District in Convention assembled, That there shall be Elected in this District, upon the first Monday of June in each year the fol- lowing Officers, who shall each hold there respective offices, for the term of One year, unless they shall, die resign or remove from the District or be removed from there offices for miscon- duct by the Citizens of this district (Viz) a President a Judge of Miners Court, and a Recorder who shall be ex officio Secra- tary and Treasurer of this District.
Sec 2 Be it further Enacted, That it shall be the duty of the President of the District, to preside at all public meeting of the Citizens of the District, when called for purposes relat-
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ing to public business, and to preside at the trial of cases in the Miners Court, when required by law.
Sec 3 Be it further Enacted, That it shall be the duty of the Judge of Miners Court, to preside at the trial of cases, and at public meetings, in the absence of the President, and perform such other duties as the law requires .-
Sec 4 Be it further Enacted, That it Shall be the duty of the Recorder Safely to keep the Books and records of this Dis- triet. And to record all proper papers upon payment of his fees. To act as Secretary of the District at public meetings of the Same. And to keep all moneys paid into his hands by the Judge of Miners Court to be paid out as directed by the Citi- zens at Some public meeting legally called,-
Sec 5 Be it further Enacted, That the Sherriff of Arap- aho County shall be Exofficio Sherriff of this District and shall have the same powers he has by virtue of his office under the Laws of Kansas .-
Sec 6 Be it further Enacted, That the fees of the Re- corder shall be One Dollar for each Claim, Or instriment in writing recorded, and Such Other fees for District business as the Citizens shall allow. The Sherriff may charge double the fees allowed by the laws of Kansas. And the Judge of the Miners Court five Dollars for presiding at each trial and double the fees allowed by the Laws of Kansas for making out all propper papers .-
Sec 7 Be it further Enacted, That every person Shall be a Voter who owns a claim in this district and has it Recorded
Sec 8 Be it further enacted, That the officers of this Dis- trict shall continue to hold thare said offices until the next an- uel Ellection, Subject to the provissions heretofore named
Sec 9 Be it further Enacted, That the Justice of the Miners Court Shall be the Judge thereof.
Approved February 20 A D 1860
AN ACT IN RELATION TO THE PRACTICE IN SAID MINERS' COURT.
Sec 1 Be it enacted, by the Citizens of Gregory District
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iu Convention assembled, That if any person shall wish to com- mence a suit or action in the Miners Court of this District, he shall file with the Judge or Clerk thareof a Statement in writ- ing Setting forth his grounds of complaint, which shall contain all the Allegatins and facts necessary to constitute the caus of action in plain & unequivacul language. Such statement if in Equity shall be in the nature of a Petition, and if in Law of a complaint, And shall be known and called by the names of Pe- tition Or Complaint, as the case may be. Upon the filing of either a Petition or Complaint, as aforesaid, the court or the clk thareof shall issue a writ of sumons to be served upon the Defendnt, Or Defendents to appear and answer at the terms tharein named Or Judgement will be taken aganst him or them by default. If the releaf demanded be for a sum of mony the amount shall be Stated in the Summons, if for a Sum of mony & other relief, the summons shall state in Substance that if the defendent do not appear and answer at the time tharein named, Judgement will be taken against him by default for the Sum of mony demanded, and such other relief as the court may deem Meet. If the remedy applide for shall not be for mony, the summons shall ask Judgement for the relief demanded in the Complaint if at Law, or the Petition if in Equity.
Sec 2nd Be it further enacted, That the Defendnt may at any time before the time of trial at Law of any caus enterd in the Miners Court, file his answer or demurr 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 matters not de- nied or avoided by one pleading subsequent to an other, shall be taken as confessed & true.
Sec 3rd Be it further enacted, That all pleadings subse- quent to the Petition in Equity shall be the same as used in the United States Courts of Equity. And the term of three days shall be granted for the filing of each pleading subsequent to another untill the issue is made up-
Sec 4 Be it further enacted, That all pleas in Equity
·
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GILPIN COUNTY RECORDS
shall be varified, and no remedy shall be allowed in Equity when the same can be had at Law.
Sec 5 Be it further Enacted That in all cases of the four- closure of a Mortgage, Or lean of any Kinde upon a claim, the equity of redemption shall not extend beyong 30 Days-
Sec 6 Be it further enacted, That in all cases of Judge- ment for partition of claims between joint owners, three disin- terested Commissioners shall be appointed by the Court who shall effect such Partition between such parties-
Sec 7th Be it further enacted, That the rules of Evi- dence as admitted in the Courts of the United States shall be adherd to & observed in the Miners Court. With the exception that either party may file his affidavit in Court at any time be- fore the commencement of a trial, wherein he may depose to any facts reletive to the issue, and shall thereafter depose in the same that none of the foregoing facts contained in such affi- davit can be proved by any witness whose testimoney it is possa- ble to procure either by deposition or the usual process of this court to compel the attendence of witnesses, when the affidavit may be read in evidence, The adverse party may have the right to rebut the evidence or explain the facts, So set forth by affi- davit, Or depose to any facts that may legally effect the Matters deposed by his apponant, which affidavit may also be read in evidence
Sec 8th Be it further enacted, That Depositions may be [used ] in this Court in Evidence, provided the witness is sick & unable to attend the place of trial, about to leave the Country, or is out of the jurisdiction of this Court. If the deposision is to be taken within the County of Arapaho notice shall be given to the adverse party of the time & place where the said deposi- sion is to be taken. If out of the Country no notice need be given.
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