USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 6
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SEC. 6. The fees of the Recorder shall be fifty cents for recording each mining claim and deed containing less than one hundred words, and one dollar for those containing over that number and at the rate of fifty cents per hundred words for all other papers recorded, and such other fees for District business as the citizens shall allow. The Constable may charge one dol- lar for the service of writs or papers which he may be required to serve, and twenty-five cents per mile for all travel necessary in such service, and twenty per cent on all sums under fifty dollars ; ten per cent on all sums over fifty and under three hun- dred dollars ; and six per cent on all sums over that sum which he shall collect by sale of property on execution ; and shall be required by the Judge to give suitable security for all process placed in his hands. The Judge of the Miners' Court shall keep a regular docket of all proceedings had before him; shall be allowed five dollars for presiding at each trial-which shall be paid to the President when he shall preside-and be allowed at the rate of twenty-five cents per hundred words for making out the proper papers for him to make out, except writs for original service in suits, and final judgment and execution; for each of which he shall be entitled to one dollar.
SEC. 7. Every person of suitable age who actually re- sides in this District, is hereby declared to be a voter therein.
ESTABLISHING A MINERS' COURT AND REGULATING ITS JURISDICTION.
SEC. S. 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 Thursday of each week, at nine o'clock,
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A.M .; and all writs to be made returnable at said term, shall be served before the Tuesday next preceding. If not so served they shall be returnable at the second term after service. Noth- ing herein shall be so construed as to prevent the trial of crimi- nals at any time.
SEC. 9. The officers of said Court shall be the Judge, Clerk, Sheriff of Arapahoe County, and his deputies, Constable of the District, and his deputies, and the Attorneys of said Court, regularly admitted as such.
SEC. 10. It shall be the duty of the Court to sign all writs issuing out of said Court, by himself or his Clerk; to make all transcripts of judgments required, on payment of his fees ; to enter judgments and issne executions, and pay over to the proper parties moneys collected on such judgments and exe- cutions ; to try all criminals, and pay over to the Treasurer all moneys he may receive for the District for fines and judgments. and perform such other duties as necessarily appertain to his office.
SEC. 11. If the Judge of said Court shall not be able to attend any trial, or shall be disqualified from any cause to try any suit, or if there 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 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 de- fendant, or with either of them in any manner, the President of the District shall preside in the Miners' Court at such trial.
SEC. 12. The Miners' Court shall have equity as well as law jurisdiction, and may grant writs of injunction in all proper cases, and all other motions upon proper cause shown, to be supported by affidavits alone, and do all such other acts as a Court of Equity has power to do.
SEC. 13. The Miners' Court shall have power to fine for contempts, in a sum not exceeding fifty dollars, and may issue execution thereon, the same as upon a judgment.
SEC. 14. The said Court shall have power to appoint its
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own Clerk whenever it shall be necessary, and such Clerk shall have the usual powers of Clerks of Courts of Record.
SEC. 15. The Jury for each term of Court shall be drawn upon the Monday next preceding each term, in the fol- lowing manner: The Constable or his deputy, shall place the names of not less than fifty-four men, who shall be voters of the District, in a box prepared for the purpose, and the Judge or Clerk of the Court shall draw thercfrom the names of eighteen men, who shall be summoned to act as Jurors for the next suc- ceeding term of Court. When necessary, the Constable may summon tallymen, but no person shall be compelled to serve as Juror for two successive terms of Court.
IN RELATION TO PRACTICE.
Sec. 16. If any person shall wish to commence a civil action in the Miners' Court of this District, he shall file with the Judge or Clerk thereof, a statement in writing setting forth his grounds of complaint, which shall contain all the allegations and facts necessary to constitute a cause of action, in plain and unequivocal language. Such statement shall be called a peti- tion, and no pleadings shall be void on account of form. And upon the filing thereof, the Court or Clerk thereof, shall issue a writ of summons, to be served upon the defendant, to appear and answer to the same at the time therein named, or judgment will be taken against the defendant 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 sum- mons shall state in substance, that if the defendant do not ap- pear and answer at the time therein named, judgment will be taken against him by default, for the sum of money demanded, and such other relief as to the Court may seem meet. If the remedy applied for shall not be for any sum of money, the sum- mons shall ask judgment for the relief demanded in the peti- tion.
Sec. 17. The defendant may at any time before the time of trial of any case at law, entered in the Miners' Court, file his answer or demurrer-upon either of which the plaintiff may join
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issue; and if an answer be filed containing new matter, irrele- vant to the issue, it must be denied or avoided by the plaintiff in his reply ; and all matters not denied or avoided by one plead- ing subsequent to another, shall be taken as confessed and true.
SEC. 18. All pleadings subsequent to the petition in Equity shall be the same as used in the United States Courts in Equity, and the term of three days shall be granted for the fil- ing of each pleading subsequent to another until the issue be made up.
SEC. 19. All pleas in Equity shall be verified, and no remedy in Equity shall be allowed where the same can be had at law.
SEC. 20. In all cases of foreclosure of mortgage or lien of any kind upon a claim or other property, the equity of re- demption shall not extend beyond thirty days.
SEC. 21. In cases of judgment for partition of claims between joint owners, three disinterested commissioners shall be appointed by the Court, who shall effect such partition.
SEC. 22. The rules of evidence as admitted in the Courts of the United States shall be observed in the Miners' Court, with the exception that either party may be allowed to testify in open Court to any facts which they are unable to prove by any other witnesses.
SEC. 23. Depositions may be used in this Court in evi- dence, provided the witness is sick or unable to attend the place of trial; about to leave the country, or is out of the jurisdiction of the Court. If to be taken in the County of Arapahoe, notice shall be given to the adverse party of the time and place where the said deposition is to be taken; if out of the County, no notice need be given.
SEC. 24. No cause shall be continued unless upon affi- davit of a party, or his Attorney, of the absence of a material witness, whose evidence is material to the issue, as he verily be- lieves, and that the said party cannot safely proceed to trial without the evidence of said witness, which he believes he can procure at some future time, which he shall state, or for some other good and sufficient cause.
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SEC. 25. In all cases of replevin and attachment, the practice prescribed by the laws of Kansas shall be observed ; and when in case of attachment the defendant has left the country, or keeps himself secreted within the same, so that process can- not be served upon him, publication by posting six notices in as many conspicuous places in said District for ten days, shall be deemed sufficient notice. The order of publication shall not be granted unless a summons has been returned by a proper officer, which shall show that he has made diligent search and inquiry, and cannot learn that the defendant is in the District, or that he cannot find the defendant, and believes he keeps himself se- creted to avoid the service of a summons, together with other evidence tending to make either of said facts appear.
SEC. 26. Garnishee process inay issue as part of the orig- inal writ, to be served on both defendant and garnishee, or sepa- rately ; or it may issue after execution is returned unsatisfied ; and in either case, if the garnishee shall pay the demand over to the defendant after legal notice, he shall still be held liable, to the amount of the plaintiff's judgment and costs-if he was in- debted to that amount when service was made-and if in a smaller sum, the amount he was indebted at the time notice was served.
SEC. 27. All special proceedings shall be conducted as prescribed by the Judge of the Miners' Court, and all motions relating to such proceedings shall be sustained or approved by affidavits alone.
SEC. 28. New trials of all canses which may be tried, shall be granted in accordance with the rules of the common law; and it shall be discretionary with the Court in all cases to grant or reject the application.
SEC. 29. No debt or demand of any nature shall be col- lected by snit in this court which has not originated either in coming to this mining region or since the arrival of such debtor therein.
SEC. 30. In all cases where the liability of persons in action founded upon contracts or in mixed actions is not pointed
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out, and defined by the laws of this District, the common law rules shall apply as to such liability.
TRIAL AND ITS INCIDENTS.
SEC. 31. In all cases where a civil action is hereafter commenced in the Miners' Court, the plaintiff shall file a bond, with good and sufficient sureties, conditioned to pay all costs which may be taxed against him in case he should fail to re- cover judgment in said suit, or in lieu thereof shall deposit with the Court a sum of money which the Court shall fix as surety for such costs.
SEC. 32. In case the costs cannot be collected against any defendant, wherein the plaintiff shall recover judgment, the said plaintiff shall be held responsible for all costs he shall make in said suit.
SEC. 33. Upon the return day of the summons, if either party shall call for a jury, he shall advance the fees, at the rate of one and a half dollars for each juror who shall try the case; and in case he prevail in the suit, 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.
SEC. 34. When a jury is called for, the Court or Clerk shall call the list of jurors summoned, and each party shall al- ternately strike one from the list until the number is reduced to six, which jury shall then proceed to try the case.
SEC. 35. If any person shall enter an appeal from a deci- sion, he shall give notice thereof upon the same day that the verdict was rendered, either by giving notice in the open Court or by procuring the same to be entered upon the docket of the Court, and shall perfect his appeal within ten days, by paying up all costs already accrued, giving security for future costs, and paying into Court the sum of fifteen dollars, which shall be equally divided between the Judges of the Court of Appeals.
SEC. 36. The Court of Appeals shall consist of the Judge of the Miners' Court, the President of the District, who shall be the presiding Judge, and the Recorder. Said Court shall sit at such times and places as the presiding Judge shall
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direct ; but every case of appeal shall be set for trial within ten days from the time the appeal shall be taken, and the decision of such Court shall be final. If either of said Judges are in any way interested in the event of any suit, they shall be dis- qualified from trying the same; and the remaining Judge or Judges with the consent of parties, shall proceed to try said canse ; and in case they do not consent, said Judge or Judges shall selcet some competent person or persons to sit with him or them, and hear and decide the cause.
SEC. 37. Parties shall have the right of trial by jury in equity as well as law cases; and in such cases the jury may ren- der special verdicts, upon which the Court may enter judgment and issue its decree or order.
SEC. 38. A juror may be challenged for favor, for cause shown by his own evidence or that of others; and each party shall have the right to three peremptory challenges, which chal- lenges shall be made first.
SEC. 39. The defeated party shall in all cases be liable for costs of suit.
SEC. 40. All executions issuing out of the Miners' Court, shall be made returnable in twenty days from date; and the Constable shall note on eachi execution the day he received the same, and return said execution within the said twenty days, whether satisfied or not, with his proper return endorsed thereon.
SEC. 41. All Judgments shall be a lien upon the prop- erty of the judgment debtor from the first day of the term at which such judgment was rendered.
SEC. 42. All Attorneys who practice in this Court shall take and subscribe the following oath : "You do solemnly swear, in the presence of Almighty God, that you will support the Constitution of the United States, and the laws of this Dis- trict, and that you will faithfully and honestly perform the du- ties of Attorney, according to the best of your ability."
LEVY AND SALE UPON EXECUTION.
SEC. 43. There shall be exempt from levy and sale upon
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execution, all tools necesary for one person to mine with, all clothing, cooking utensils and bedding necessary for the debtor and his family, and necessary provisions for three months; and if he have a family here, a dwelling house and lot not exceeding five hundred dollars in value ; such articles of household furni- ture as are strictly necessary, together with a family Bible, pic- tures, and relics.
SEC. 44. All property taken in execution shall be posted in three conspicuous places in the District, for the ten days next preceding the sale thereof ; and the Constable may adjourn the sale at any time when it appears that the property posted cannot be sold unless at a great sacrifice, for want of bidders.
SEC. 45. 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, that may be recorded on his books, and the Court shall pay the same to the proper parties or their Attor- neys.
CRIMES AND NUISANCES.
SEC. 46. All crimes committed in this District shall be punished as a jury of twelve men shall direct.
SEC. 47. Any person who shall cause any nuisance affect- ing the health of the people of this District, or liable to affect the health of the people of this District, may be sued for the same in the Miners' Court in the name of "Russell District vs. the Defendant ;" who shall be liable, on conviction, to pay dam- ages in the sum not exceeding one hundred dollars and costs of suit, for the use of said District.
SEC. 48. If any person shall obstruct any highway, or make any pit or hole and leave 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 section forty-seven, with costs of suit.
SEC. 49. Every act of commission or omission, which inay affect the public health or convenience, shall be regarded as
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a nuisance ; and the person or persons cansing the same shall be liable accordingly.
SEC. 50. After any conviction for nuisance in said Min- ers' Court, if the said nuisance is allowed to remain for tweny- four hours thereafter, the person or persons who caused the same, and whose duty it should have been to remove it, shall be again liable in damages, and shall also be liable for each and every twenty-four hours after a conviction, as hereinbefore pro- vided in this act.
SEC. 51. Executions for nuisances and crimes shall issue in all cases as hereinbefore specified, in the name of the Dis- trict, the same as in any other suit at law.
SEC. 52. The Judge of the Miners' Court shall pay over each week to the Treasurer of the District, all moneys he may collect from judgments in favor of the District, contempts of Court, and fines of every kind; and the Treasurer shall not pay the same out to any person, unless upon the order of the Presi- dent and Judge of the Miners' Court; and said President and Judge shall have power to order the payment of said funds for public or charitable purposes.
SEC. 53. Any person who shall wilfully or maliciously set out any fire in this District, or without this District so that it shall come into this District, and destroy any timber or prop- erty, shall be guilty of a misdemeanor; and on conviction thereof, shall be punished as the Court may direct. Nothing herein shall be construed so as to invalidate the civil rights of parties.
SEC. 54. It is also declared to be a misdemeanor to peel any living timber for the sake of the bark, in this District, and may be punished as aforesaid.
SEC. 55. The Judge of the Miners' Court and the Presi- dent of the District shall, before they enter upon the duties of their offices, give bonds to the District in the sum of one thou- sand dollars, to be approved by the Recorder of the District ; and said bonds shall be safely kept by the Recorder for the use of the District. And the Recorder shall, as soon as practicable -and his successor-before entering upon the duties of his
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office, give bonds to the District in the sum of one thousand dol- lars, to be approved by the Judge of the Miners' Court and President of the District; and said bond shall be filed with the Judge of the Miners' Court.
SEC. 56. The President of the District, or in his absence the Judge of the Miners' Court, shall have power to call a min- ers' meeting, whenever petitioned in writing by fifty miners; and said petition shall specify for what purpose the meeting is desired. It shall be called by posting six notices, in as many conspieuous places, in said District, at least three days before the time of the mecting; and no meeting shall take action on any subject of general importance, unless such subject be speci- fied in such petition.
PROBATE JURISDICTION.
SEC. 57. The Judge of the Miners' Court shall also have Probate jurisdiction, and shall proceed, as far as practicable, according to the Probate laws of Kansas.
WATER COMPANIES.
SEC. 58. When water, companies 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 the water shall be so guarded as not to interfere with any vested right.
CUTTING TIMBER.
SEC. 59. No person shall be allowed to eut and carry out of the District, logs or timber of any kind, except sawed lum- ber; and any person violating the spirit of this act, shall be adjudged guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one hundred dollars ; such fine to be collected in the same manner as other judgments.
BOUNDARIES OF DISTRICT.
SEC. 60. The boundaries of this District shall remain as fixed by the Convention, held at Mountain City last Mareh, un-
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til changed by a vote of two-thirds of the voters of the District at some public meeting legally called, or until changed by a Convention of Delegates from this and the adjoining Districts.
DEFINING CLAIMS.
SEC. 61. All miners may hold one gulch claim, one quartz or lode claim on cach lode discovered, one side and patch claim, by pre-emption, without any restrictions in regard to working the same; and if purchased, there shall be no restrictions, pro- vided said purchase or purchases are in good faith, and a fair compensation is paid for the same, and title thereto shall be as good and as sacred as title to real estate in the States.
SEC. 62. A gulch claim is understood to be one hundred feet up and down the center of the gulch, and from bank to bank. A lode claim shall be twenty-five feet on either side of the stakes of the claimant, and one hundred feet running on a line of the stakes, provided that the claimant shall have twenty- five days to develop his crevice, and to rectify his stakes from the day of staking. A patch and a side claim shall be one hundred feet square; and in all cases, pre-emptors shall be re- quired to plainly define their boundaries. In staking claims, parties shall state thereon their names, the date of staking, and if a lode, the name thereof, and number and direction; and in other cases what they claim.
SEC. 63. A mining claim, which is actually such a claim as described on the record, shall hereafter hold all mines within its limits or boundaries. When lodes cross each other, the one first discovered shall have the right to work out the crevice through the cross lode; and the person discovering a cross lode shall only work the same up to the first discovered crevice ; but priority of claims shall in all cases be respected.
SEC. 64. Building lots shall not exceed one hundred feet front by two hundred in depth, and may be pre-empted in more than one parcel to suit the claimant. Mill sites shall be two hundred feet square. Mining claims shall take precedence of all others, provided they are first recorded. No other claims shall interfere with said mining claims without the consent of
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the parties holding such claims. If building claim is the first on record, the mining shall be done in such a manner as not to injure the building thereon.
SEC. 65. Agricultural claims shall not interfere with mining claims.
DISCOVERY CLAIMS.
SEC. 66. Any person who shall develop a lode, shall be entitled to two hundred feet thereon as a discovery claim, and shall be required to set a post on his claim, designating the name and direction of the lode and that it is the discovery claim ; also, he shall develop the crevice.
SEC. 67. Females shall have the same rights as males. Youths under the age of ten years shall not be allowed to hold claims.
SEC. 68. No timber claims are allowed.
RECORDS.
Sec. 69. The Recorder shall provide suitable books for his office, in which he shall record all claims, deeds, and other papers and documents proper to be recorded, upon payment of his fees ; and shall also file and safely keep all documents which are proper to be so filed, upon payment of his fees; but it shall not be his duty to prepare any papers whatever for record. Claims shall be fully described in writing, stating the time of staking, the purpose for which claimed, and the names of all persons claiming interest therein, and the most natural marks or boundaries, together with such other things as shall be neces- sary to a full description. Each paper presented for record shall be filed therefor with an endorsement, stating the exact time it was received, and shall be recorded in the order received ; and after being recorded, the book and page on which it is re- corded shall be endorsed thereon. Each deed shall be filed for record within five days after its execution, and shall be attested by at least two disinterested witnesses. Said records shall at all proper times be open to the examination of all persons. The Recorder shall not keep his office open on Sunday, nor receive
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any papers for record thereon, and no record or filing thereon shall be valid. All claims shall be filed for reeord within six days from the staking thereof.
TUNNELS.
SEC. 70. Any person or persons driving a tunnell in said District, shall be entitled to four hundred feet in length and three hundred feet in width, as surface claim at the mouth of said tunnell for tunnell deposits; and to eight hundred feet on each and every lead from the mouth to the terminus of said tun- nell, and at any place on said leads not interfering with previ- ous claimants. It shall be the duty of all persons driving tun- nells to post notices, giving their terminus and direction, at the mouths of their tunnells. The location of all tunnells, together with their direction and terminus, shall be recorded. When tunnels are legally located, it shall be considered that the tun- nell company shall have the priority of right to locate their claims within a distance of four hundred feet, on each side of the line of their tunnell, on all leads from its mouth to its termi- nus, or on such portion of the tunnell as may be in this District. If the person or persons locating a tunnell, shall fail to work the same for twenty consecutive days, after the first day of July next, they shall forfeit their claims to said tunnell, but not to the claims they have discovered and held by virtue of discovery before the time of forfeiture.
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