USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 4
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Sec 9 Be it further enacted That no caus shall be con- tinned unless upon affidavit of a party, or his Attorney, of the absence of a material witness, whose evidence is material to the issue as he variely belives and that the said party cannot safely go to trial without the evidence of sed witness which he
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believes he can procure at at Some future term which he shall State, Or for Some other good & sufficient caus.
Sec 10 Be it further enacted, That in all cases of Attach- ment and Replevin the practice recognized by the Laws of Kan- sas shall be observed, and when in cases of Attachment the De- fendnt has left the County or keeps himself secreted within the same so that proscess cannot be served upon him, publication in Some public newspaper printed in the County for two weeks shall be deemed sufficient notice. The order of publication shall not be granted by the Court, unless a Summons has been re- turned by a proper Officer, which return shall show that he has made dilegent serch and inquiry and cannot learn that the de- fendent is in his County, or that he cannot find the defendent, and that he believes he keeps himself secreted to avoid the serv- ice of a Summons, together with any other evidence tending to make either of said facts appear-
Sec 11 Be it further Enacted, That garnashee proscess may issue as a part of the orignal writ, to be servd on both De- fendent & Garnashee, or Seperately. Or it may issue after Exe- cution is returnd unsatisfied, and in either case if the garna- shee shall pay the demand or claim over to the Defendent after legal notice he shall be still held liable to the Plaintiffs for the amount of his Judgement & costs, if he was indebted to that amount when service was made upon him. And if in a Smaller Sum the amount he was indebted when said notice was served upon him.
Sec 12 Be it further enacted, That all special proceed- ings in the Miners Court shall be conducted according to the forms prescribed in the Statutes of Kansas for the year A D 1859, as far as consistant with the Laws and local affairs of this District, and all motions relating to such proceedings shall be sustaind, or apposed by affidavits alone
Sec 13 Be it further Enacted, That new trial of all causes which have been, or may be tried shall be granted upon the same terms or by the rules of the Common Law, and it shall be discretionary with the Court in all cases to grant or regect the application
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Sec 14 Be it further enacted, That no debt or demand of any nature shall be collected by suit in this Court which was not originated either in cuming to this mining region or since the arrival of such debtor within the proposed limits of Jeffer- son Teritry.
Sec 15th Be it further enacted, That in all cases where the liability of persons in actions founded upon contract, Tort, or mixed actions is not pointed out and definde by the Laws of this District, the Common Law rules shall apply as to such Con- tracts or Liability.
AN ACT RELATING TO TRIALS AND ITS INCIDENTS.
Sec 1 Be it Enacted by the Citizens of Gregory District in Convention assembled, That in all cases wharein a civil ac- tion is hereafter commenced in the Miners Court the Plaintiff shall file a Bond with one or more good and sufficient suraties conditioned to pay all costs which may be taxed against him in case he shall fail to recover judgement in said suit-
Sec 2 Be it further enacted, that in case the costs cannot be collected, against the Defendent in any cause, wherein the plaintiff Shall recover Judgement, the Said Plaintiff shall be held responsible for the costs he shall make in said suit.
Sec 3 Be it further enacted, That upon the return day of a summons if either party shall call for a jury he shall first advance the fees at a rate of $1.50 for each juror who shall try the case, 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, the Court shall try the Same.
Sec 4 Be it further enacted, That when a jury is called for, the court or clk shall call Nine persons from the jurors sum- moned, and each party shall strike off three untill three remain, who shall proceed to try and determine said caus
Sec 5 Be it further enacted, That if any person shall enter an appeal from the jury of three, he shall give notice thereof upon the Same day that the first Virdict was rendered, either by giving Said notice in open court, or having the same entered upon the docket of the Court, and shall perfect his ap-
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peal within three days by paying up all costs before that time, & giving Security for future costs, and advancing the jurors fees. The cans shall then be set for the next regular term for trial, unless sooner agreed upon between the said parties.
Sec 6 Bc it further enacted, That jurors shall try causes in Equity as well as at Law. and in equity may render special Verdicts, upon which the Court may enter judgement and issue decree or order.
Sec 7 Be it further enacted, That all trials on appeal from the jury of threc, Shall be decided by a Jury of 12 men, and from there desision ther shall be no appeal.
Sec 8 Be it further enacted, That a juror may be chal- lenged for faver, for caus shown by his own evidence or that of others, and each party shall have the right to three preemptory challenges.
Sec 9 Be it further enacted, That the defeted party shall be in all cases liable for the costs of suit
Sec 10 Be it further enacted, That all Executions issued out of the Miners Court shall be made returnable in 20 days from the date tharcof and the Sherriff Shall note on each Exe- cution the day he receives it, and shall return the same within said 20 days whether satisfied or not, with his proper Return thareon endorsed.
Sec 11 Be it further enacted, That all attorneys who practice in this Court, shall take and Subscribe the following oath (to wit) You do Solemnly swear or affirm that you will Support the Constitutin of the United States, and the Laws of this District and that neither for gain Malice, fear or faver will you prejudice the caus of your Cliant, But will do all in any caus in which you are ingaged to advance his interest honorably.
Approved Feby 20th A D 1860
AN ACT IN RELATION TO LEVY AND SALE BEFORE EXECUTION.
Sec 1 Be it enacted by the Citizens of Gregory District in Convention assembled, That thare shall be exempted from Levy and Sale upon Execution, All Tools for mining, Bedding, Clothing, Cooking utensels and necessary provissions for three
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Months, and in case of a man residing with his family here, A Dwelling House & Lot not Exceeding in value $5.00 [five hundred]-and such Articles of household furnature as are nec- essary, with a Bible famly pictures & Rellics &C
Sec 2 Be it further enacted, That the property taken in Execution shall be posted in three public places within said District, for Five days next preceeding the sale thareof, and the Sheriff may adjourn the said Sale at any time, when it appears the Property cannot be Sold for want of bidders except at a great sacrafise
Sec 3 Be it further enacted, That mony collected on exe- cution shall be paid into the hands of the Court by the Sherriff to Satisfy the Judgement in whole or part, it shall be the duty of the Court to pay the amount due over to the proper party on Demand
Approved Febuy 20th A D 1860
AN ACT CONCERNING CRIMES AND NUISANCES WITHIN GREGORY DISTRICT
Sec 1 Be it enacted by the Citizens of this District in Convention assembled, That all crimes committed in this Dis- trict shall be punished as a Jury of 12 Good Men shall direct.
Sec 2 Be it further, Enacted, That any person who shall caus any nuicence, effecting the health or liable to effect the health of the Citizens of this District, May be sued for the Same in the Miners Court, in the name of Gregory District as the De- fendent, and shall be liable to pay damages in a sum not to ex- cced $1.00.00 [one hundred dollars] with costs of Suit for the use of Said District
Sec 3 Be it further enacted That, if any person shall ob- struct any highway or make any pit or hole & leav it open so as to endanger life or limb, upon any usually traveled Road or trail, Such person may be sued as aforesaid for committing a nuisance, And be liable to said District in Damages as provided in Sec 2-with costs.
Sec 4 Be it further enacted, That every other act of com- mission Or Omission which may effect the public health or con-
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venience shall be regarded as a Nuisense, and the person or per- sons causing the Same shall be liable in Damages accordingly.
Sec 5 Be it further enacted, That after any conviction for a nuicense in the Miners Court, if said nuicense is allowed to remain, Shall be again liable in damages, and shall also be liable for each 24 hours the same shall be allowed to remain after conviction as aforesaid
Sec 6 Be it further enacted, That execution shall issue in all cases under the provisions of this act in the name of the Dis- trict the same as any Other Suit at Law
Approved this Feby 20th A D 1860
AN ACT CONTAINING GENERAL PROVISIONS FOR THE GOVERNMENT OF GREGORY DISTRICT
Sec 1 Be it enacted by the Citizens of Gregory District in Convention assembled, That the Judge of the Miners Court shall pay each week to the Treasurer of this District, all monys he may collect from Judgements in favor of this District, Con- tempts of Court, and fines of every Kinde. And the Treasurer shall not pay the same out to any person unless upon Vote of the Miners or Citizens of Said District fully expresed. .
Sec 2. Be it further enacted, That the President Or Judge of Miners Court may caul a public meeting at any time either of them may Deem the Same necessary, by giving 48 hours notice, by posting Six notices in as many public places in said District
Sec 3 Be it further enacted, That all Laws conflicting with those passed at the meetings of the Citizens of this District held on the 18 & 20 Febry 1860 are hereby repealed, and shall cease to have effect in 15 days after this date, Except as to suits pending and commenced before that time, and the Laws passed at this time to wit the 18 & 20 Febuay 1860, with the above exception shall go into effect in fifteen Days from this date
Approved this 20th Febuay A D 1860
Attest
M. Storms Secty
.T. S. Stone Pres.
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MINERS' MEETING.1
Proceedings of a Meeting of the Citizens of Gregory Dis- trict, held Pursuant to a Notice of Captain Sopris, President of the District,
May 25th, 1860.
Meeting called to order by Captain Sopris, at 8 P. M. W. W. Snelling chosen Secretary.
Capt. Sopris, in a clear and concise manner, explained the object of the meeting to be to take measures to obviate the vari- ous discrepancies in the laws of the District. and to amend the laws in such manner as to give full and ample encouragement to the new comer, while they should protect property already acquired, but only where such property has been acquired bona fide, and urged that a committee be appointed to propose such alterations as appeared necessary.
On motion of H. P. A. Smith, esq., a committee of three was appointed to draft resolutions relative to such alterations as appeared essential, which committee consisted of Messrs. Smith, Hughes and Tasher, who thereupon retired to draft resolutions.
In the interval of the absence of the committee, the meet- ing was addressed by Capt. Sopris, who congratulated the citi- zens upon their present prosperity and future prospects ; spoke at length of the riches existing in our hills and vallies, awaiting the labor of the enterprizing and industrious miner, and in an eloquent manner warned them of the vices too often attendant upon a society newly formed and afar from the influences under which they had been reared, and spoke upon the evils and diffi- culties arising from the jumping of claims, and the numerous trials arising therefrom.
At 9 o'clock the committee returned and reported the fol- lowing resolutions, which were adopted :
Resolved, 1st, That lead claims shall be held, where hon- estly taken up or purchased, without any requisition of labor upon the same, for one year from June 1st, to give time for sup- plying machinery for working the same.
1 Rocky Mountain Herald, June 2, 1860, p. 4. The resolutions were also found in Gregory District, Record C.
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Resolved, 2d, That when machinery is owned or used by any person owning more than one claim, that labor on one elaim shall hold the others as firmly as if they also were worked.
Resolved, 3rd, That when any person owns a Guleh, Ra- vine, Flat or Patehi elaim, where there is at present no water for working the same, he shall hold the same without being re- quired to work it, until ten days after there shall be water suffi- eient to work the elaim.
Resolved, 4th, That where there is any doubt of the honesty of any bill of sale of a claim, and the witnesses are, by any good reason, not to be found, the holder may be examined under oath, at the request of any adverse party.
Resolved, 5th, That the records of the Distriet shall bear the same weight hereafter, as evidence of title and right, that they have heretofore done, until the repeal of the above laws.
Resolved, 6th, That the first record, taken in good faith, of a mill elaim, shall, in all eases, be held good until the expiration of the present season ; and where any person shall place on rec- ord his intention to improve, shall hold until the 1st of June, 1861.
Resolved, 7th, That in ease of the death of any person own- ing property in this Distriet, it shall be the duty of the Presi- dent to appoint an administrator of the estate, who shall be re- quired to give bonds and elose up the property according to the laws of Kansas Territory ; and he shall, in all cases where possi- ble, appoint some relation of the deceased, in want of which, some other responsible party, and he shall, in all such eases, have the power and perform the duties of a Judge of Probate.
Resolved, 8th, That these laws shall be in foree from and after their passage.
Upon the reading of the 7th resolution, a spirited debate ensued between Messrs. C. C. Post and H. P. A. Smith, in which the latter vindicated the propriety of adheiring to the jurisdiction under which we are placed, and quietly abiding the action of Congress with regard to any new organization.
The Chairman further addressed the meeting, proposing the appointment of delegates to a General Convention of the
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several District, the object of which Convention should be to establish a code of Laws, which should be adopted by the people of the several Districts.
The following gentlemen were then elected to attend said convention. R. Sopris, H. P. A. Smith and Geo. W. Brizee.
Meeting then adjourned.
W. W. Snelling, Sec'y.
FROM THE MOUNTAINS.1
Yesterday, Friday, was a gay one throughout Gregory dis- trict. There were polls open at the Haman House, at Kehler's point, at Gregory House, Black Hawk Point, and Chase's Gulch; and the wonted crowds to be observed canvassing and carrying on for their favorites. Dr. Bissell, and A. Wilson, Esq., ran for office of Judge of the Miners' Court of Gregory District,-the latter was elected by some fifty majority. The office is worth five or six thousand a year .- There were some six or eight hundred votes polled.
LAWS OF FEBRUARY, 1861.2
At a meeting of the Citizens of Gregory District held in Mountain City on the 13th day of February A D 1861. at 7 Oclock P M. a committee consisting of Benj Mason. D S Par- melee and M. Storms, was appointed to codify and amend the Laws of said District-and to report the said Laws so codified and amended in a meeting to be held at the same place on the 16th inst. In accordance with the duties imposed upon them. The committee report the following acts, to wit
AN ACT AMENDATORY TO AN ACT ENTITLED AN ACT DEFINING CLAIMS AND REGULATING THE TITLE THERETO.
Sect 1st Be it enacted by the Citizens of Gregory Dis- trict assembled. That no person shall have more than one Gulch, Patch, or Placer, Claim except by purchase or discovery,
1 Daily Rocky Mountain News, October 22, 1860, p. 2.
2 Record B 2d.
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and no more than one Claim on each Lode except by purchase or discovery.
Scet 2nd Be it further enacted that each Discovey claim shall be plainly marked and staked with the name of the person, who shall have discovered the same, plainly written thereon, and a hole or shaft shall be sunk on the same to the crevis thereof, and the same shall be recorded as other claims and in all cases each discovery claim shall be as plainly described on the Records as possible, and a penalty of Ten Dollars shall be imposed upon any one removing or defacing stake or land mark, To be recov- ered the same as other fines, and applied the same way.
Sect 3rd Be it further enacted that all claims of what- ever description. shall hereafter be held as real Estate.
Sect 4th Be it further enacted that all Discovery Claims shall be entitled to Twenty five (25) feet each side of the dis- covry crevis and all preemptions shall follow the principal crevis, and when Lodes cross each other priority of discovry shall be entitled to the Crevis in crossing, and all Spurs from the prin- cipal crevis shall be regulated, according to Laws regulating other discoveries
AN ACT AMENDATORY TO AN ACT ENTITLED AN ACT RELATING TO CRIMES AND NUISANCES, COMMITTED IN GREGORY DISTRICT.
Sect 1st Be it enacted by the citizens of Gregory District in convention assembled
It shall be the duty of the court before whom any person or persons shall be found guilty of no greater crime than petty larceny to immediately issue an execution, and if the person or persons so convicted shall not turn to the officer sufficient prop- erty to satisfy said judgment together with the costs of said suit, Then it shall be the duty of the Sheriff or Officer having said person or persons in charge to securely keep said person or persons and make him or them work out said judgment on the public streets or roads of Gregory in such [manner] as said officer shall direct for which services he or they shall be allowed
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and have applied on the judgment, one Dollar per day and board.
Sect 2nd Be it further enacted, that said officer shall see that said person or persons are boarded, and for his services shall recive a fair compensation out of the publie treasury. Said officers fees and Charges to be detained by the President, Judge and Recorder of the District-
Seet 3rd Be it further enacted that in all prosecutions wherein the parties accused are not charged with any greater offenee than petty larceny, it shall be the duty of the prosecutor prior to the issuing of a warrant to file a Bond with the Court signed by himself and one or more sureties conditioned for the payment of all costs provided the person or persons who shall be prosecuted shall not be convicted-
Sect 4th Be it further enacted that all fines that may be recovered under Seetions 2, 3, 4, & 5 under this aet one half of the fines in each shall be paid by the Judge of the Distriet to the prosecuting witness
AN ACT IN RELATION TO LEVY AND SALE UPON EXECUTION.
Seet 1st Be it enaeted by the citizens of Gregory Dis- triet in Convention assembled That whenever any real Estate shall be sold which is situated within the limits of this Distriet the judgment debtor or debtors may redeem the same or any part thereof at any time within fifteen days from the day of sale, and a judgment ereditor or creditors may redeem said real Estate or any part thereof within five days after the time ex- pires for the redemption of the judgment debtor or debtors, and either ease the redemption shall be made by paying to the Judge of the Miners' Court of this District or the President thereof to be governed, the faet before which court the Judgment was re- covered the total amount for which the real estate sought to be redeemed, sold for.
Be it enacted by the Citizens of Gregory Distriet in Con- vention assembled That we do at the present time, and will here-
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after extend to the Citizens of other Districts all the legal rights which they may extend to us and none other-
All Laws heretofore existing, conflicting with these amend- ments are hereby repealed, and all Laws, passed by this meeting shall take effect on and after their passage.
Committee
Recorded Feby 16th 1861. M. Storms Recorder
Benj Mason
D S Parmelee
by T P Van [ ?] Treas
J. W. Storms
At a meeting of the miners & ctazens of Gregory District held pursuint to notice being duly posted the president in the Dist presiding Motion A. H. Clemments was Appointed Seca- tary on motion a committe of 3 was appointed by the Chair, consisting of Col Saml. McLain D S Parmalee an Chas Post to Draft resolutions Expressive of the objects of meeting-the committee then retired and afterwards reported the following amendments to the Laws of Gregory District to wit-on motion the report of the committe was accepted unanimously, an adjourned
Be it Enacted by the Citizens of Gregory District in min- ers meeting assembled That Sec 5th of an act passed and ap- proved Febuary 20th 1860 Entitled an act in relation to the officers of Gregory district their duties Terms of office and fees found on page 6th of, the laws of Gregory district be and the Same is hereby repealed
That it Shall be lawfull to Elect a Sheriff of Gregory Dis- trict who Shall when Elected & qualified have all powers of the Sheriff conferd by law on Sheriffs of counties in the former Territory of Kansas that This act take Effect and be in full force from and after its passage
Resolved 2d That the recorder of this District be Directed to make a minute of the above resiloutions on the paper Book of the Distret and by Public notice announce to the voters of the District that a Sheriff will be voted for in the forth comming Election to be held on Monday (in June A. D. 1861)
Be it Enacted by the Citizens of Gregory District in Min-
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ers meeting assembled That no Change of venue be Granted from this Distriet in any Suit hereafter eommeneed in the miners eourt of this Distriet Shall be allowed unless the Judge of the eourt or president be interested in the Event of Said Suit and that Said interest must be Shown by the affidavit of the party applying for Such change of venue and that the cost of Such change of Venne Shall be paid within thirty Six hours after Such is granted by the party applying therefore and Shall not be taxed against any other party in Said Case This Seetion to apply to eivil eases alone
4th That if a party believe that the people are So prejn- dieed against him that he eannot have a fair and impatial trial by the people of Said distriet, and Sueh fact is Shown by affi- davit it Shall be lawfull to Summon Jurrors from other parts of the country and that Such affidavit contemplated in this & see one shall be made on the return of the Summons unless sueh faets come to the knowledge of the party after Said return day
MASS MEETING.1
At a mass meeting of miners, mill men and eitizens of the mountain distriets, held at Central City, Saturday, April 20th, [1861], the meeting was called to order by Mr. Parker, Presi- dent of Central City Distriet, Judge Gorsline, of Eureka, unan- imously elected President, and Edward P. Peters, of Nevada, Secretary of the meeting.
Dr. B. P. Rankin, of Missouri City, being ealled upon to state the objeet of the meeting, said that this convention was ealled to deeide upon the rights of the Consolidated Diteh Co. to bring in and eede water to the miners and mill men of the upper Districts, and to gain an expression of the opinion of the eitizens of these Districts in regard to those rights, and to the recent decision of the Court of the Provisional Government at Denver, against the interests and privileges of said company. The Dr. spoke at some length, and laid the ease elearly before the people.
1 Daily Rocky Mountain News, April 25, 1861, p. 2.
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A committee was appointed, composed of one or more rep- resentatives from each district, to draft resolutions for the con- sideration of the meeting.
While the committee were out for this purpose, I. H. Mor- ton, of Nevada, Dr. Rankin and I. W. Hambleton addressed the meeting, in favor of the Ditch Co. being allowed to supply their water to those applying for it.
Mr. Carlton, of Enterprise, and Judge Gray, of Missouri City, also addressed the meeting in favor of the interests of the lower and North Clear Creek districts, and adverse to the right of the Consolidated Ditch Co. to supply water to Spring Gulch.
The committee on resolutions being now ready, reported through Mr. H. B. Bearce, Chairman, who offered the following preamble and resolutions :
Whearas, In a suit tried at Denver City, his honor, J. Bright Smith, presiding, wherein the Black Hawk Mill Co. were plaintiffs and the Consolidated Ditel Co. defendants, a most unjust and illegal verdict was rendered in favor of the Black Hawk Mill Co .; and, whereas, if the rulings of said court in said suit were sustained by the people, the very objects for which the said ditch was built would be defeated; and, whereas, it becomes our duty, as it is our right, to say and define what the rights of said Consolidated Ditch are, and what they have been, and to sustain and defend them in such rights, therefore be it
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