USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 7
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MISCELLANEOUS.
SEC. 71. No miner shall obstruct in any way the water running in Russell Ravine or tributaries, between the hours of six o'clock, A. M., and six o'clock, P. M.
SEC. 72. Every miner shall have the right to open a ditch through the claims below his own for the purpose of drain- ing his claim; and each miner shall be required to eut a ditch through his own claim if he be benefitted thereby. No man shall obstruct the water to the injury of his neighbor, above or below, as is the custom of mining countries.
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GILPIN COUNTY RECORDS
SEC. 73. Witnesses shall be entitled to receive one and a half dollars at the time they are summoned, if they demand it; and the same sum for each day's attendance after the first.
SEC. 74. Any officer resigning or removing from the Dis- trict, shall be required to deposit all the books, papers, money, &c., &c., with the remaining officer or officers of the District; which officer or officers shall immediately call an election for filling such vacancy.
SEC. 75. These laws shall take effect from and after their adoption, and shall not be altered or amended without the authority or sanction of two-thirds of the voters at any meeting which may be legally called for that purpose.
I HEREBY CERTIFY the foregoing to be a true copy of the laws adopted at a miners' meeting, held in Russell District, on Saturday, July 28th, 1860; a copy of which is filed in my office.
C. S. Fassett, Secretary of Russell District.
BAY STATE DISTRICT.1
LAWS, RESOLUTIONS AND MINUTES.
The following laws were adopted by the Miners at a regu- lar meeting held in and for the Bay State Mining District on Thursday the 19th day of July A D. 1859
A. N. Parson Secretary
LAWS AND REGULATIONS OF THE BAY STATE MINING DISTRICT.
Section 1st
This District shall commence at the mouth of the North Fork of Clear Creek and extend up the same to the mouth of the Russell Gulch so called, and be known and called by the name of the Bay State Mining District including the tributaries of said Creek
Section 2d
Each Mining Claim shall consist of one hundred feet run- ning parallel with the Creek and extend from Hill to Hill on either side [Amended to read Gulch instead of Mining. ] 2
Section 3d
No person shall be allowed to hold more than one Claim by right of Discovery or what is more generally called taken by prospecting, but any person or persons buying a claim or Claims shall be entitled to hold the Claims so bought
Section 4th
Any person taking a Claim and posting up a Notice with Name and date shall be allowed to hold the same for six days without risk of forfeiture [Amended to hold 10 days by re- cording. ]
Section 5th
Any person taking a Claim and commencing work on the
1 Bay State District, Book A.
2 In the manuscript the amendments were in the margins opposite the amended sections.
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GILPIN COUNTY RECORDS
same and then leaving the Claim with Tools or other Goods on the Claim shall be entitled to hold the same ten days without risk of forfeiture.
Section 6th
Any person or persons owning or holding Mining Claims in this District shall be allowed to leave the same on and after the 23d day of July A.D. 1859 and return to them or send their leagle representative on or before the 15th of June A D 1860 [ Amended to read to 1860 instead of 1859, and 1861 instead of 1860; repealed February 5th A D 1861 Section 27.]
Section 7th
No person or persons, at any regular or Special Meeting concerning the mining interest of this District shall be allowed to vote unless they own or hold Claims in this District [Sec 7 amended so as to read that all Citizens are entitled to vote in said District pas February 5th 1861 Section 28 H L Graham Recorder ]
Section 8th
All disputes in regard to mining claims or mining interests shall be settled by Arbitrators chosen by the parties or by the Miners at any regular or special meeting.
Section 9
There shall be a President and one or more Vice Presi- dents appointed who shall preside at all regular meetings, and in the absence of the President any of the Vice Presidents shall preside
Section 10th
There shall be a Secredary appointed whose duty it shall be to be present at all regular meetings and who shall have the custody of all Books and Papers belonging to or appertaining to the Miners of this District [Repealed and duties imposed upon the Recordcr]
Section 11th
There shall be a Recorder appointed whos duty it shall be to record all mining Claims when applied to for that purpose and to give a certificate of the same, and for Recording and giv-
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BAY STATE DISTRICT
ing such certificate the Recorder shall be allowed fifty cents for each and every Claim
Section 12th
Every person or persons having a Claim or Claims re- corded shall describe the same as lying on the North fork of Clear Creek within the Bay State Mining District and Bounded by the Claims above and below by giving the names of the own- ers of the same and when two or more Claims are taken together they shall be numbered from one upwards by commencing at the lowest claim on the Creek
Section 13th
Where two or more persons are desirus of working together for convenience or otherwise and said persons own Claims in different places in this District it shall be lawful for either of said parties to leave their Claims for the purpose of working as aforesaid by posting up in some conspicuous place on the Claim or Claims so left a written Notice where the owner of the claim or Claims may be found
Bay State Mining District June 24th 1860
By order of the Miners of the above named District a meeting was held for the purpose of Electing officers William Douglass was duly Elected President and David J. Richardson, Secretary and Samuel T. Craig Recorder
The following amendments was made to the Regulations
Amendment to Sec 6
By recording a Claim it will hold good for ten days with- out risk of forfeiture
Sec 14
Water Claims shall be two hundred and fifty feet down the Creek for Mill purposes but shall in no case conflict with Miners Claims
Sec 15 added
Any person holding a Water Claim shall not be prevented from holding a Miners Claim
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GILPIN COUNTY RECORDS
Section 16th added
Any person discovering a Quartz Lode shall be entitled to one hundred feet for Discovery and a Miners Claim besides
Bay State Mining District July 14th 1860
At a Meeting of the Miners of the Bay State Mining District pursuant to a call of the President thereof, for the pur- pose of amending and revising the regulations of said District. Section 2 of said regulations was amended to read as fol- laws Each Gulch, Claim shall consist of one hundred feet run- ning parallel with the ereek and extending from Hill to Hill on either side
Sec 3d to read
No person shall hold more than one Gulch Claim one Patch or Hill Claim and one Lead Claim on each Lead by right of Discovery or what is more generally called taken by prospect- ing, but any person or persons buying a Claim or Claims shall be entitled to hold the same in the same manner as other per- sonal property is held
Sec 10 repealed
and duties imposed upon the Recorder
Sec 17th added
It shall not be lawful for any person or persons to eut any timber or trees upon any Claim or Claims owned by other par- ties without the consent of the owner of such Claim or Claims
Section 18 Added
It shall not be lawful for any person to throw any Brush or other Rubbish in the Creek to the damage of other Miners
Section 19th Added
A Lead Claim shall be fifty feet wide by one hundred feet in length extending along the Lead, and a Patch or Mill Claim shall be one hundred feet running Parallel with the creek and extending from the base of the Hill to the top of the same but all Patch or Mill Claims shall be subject to any Quartz Claims that have or may be discovered upon said Patch or Mill Claims
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BAY STATE DISTRICT
Section 20 Added
Any man can hold a discovery Claim of cach kind by work- ing one of them
Section 21st added
No person or persons shall locate a water Claim upon the Claims of Miners without the written concent of the owners of such Mining Claim or Claims
August 11th 1860
At an adjourned meeting held this day the following reso- lution was adopted
Resolved
The order of Recording a Claim title shall be when pre- sented for Record the pre-emptor shall present a certificate of his Claim with a description of the same, and when the title is acquired by purchace he shall present the Deed, which instru- ment the Recorder shall copy into a Book kept for that purpose and shall file on the back of said instrument the hour of the day, the day of the month and the year when such instrument was presented for Record and the Page of the Book where recorded and return the instrument to the owner
The following named persons were chosen a Committee to hear and decide disputes in regard to Claims Charles Allen, Mr Runolds, John Huntington, David Haines, William Elwick Adjourned Repealed December 29th 1860
September the 29th 1860
At a meeting of the miners of the Bay State Mining Dis- trict the following business was transacted to wit On motion of John Huntington Wm Flarey was elected President, on motion of John Huntington D. H. McCraw was elected Vice President on motion of D. H. McCraw George Wason was elected Re- corder The following Resolution was read and adopted Re- solved that Section three of the Laws of the Bay State District be so amended as to read Any person owning or holding Min- ing Claims in this District shall after having them duly Re- corded hold them as a vested right the same as real estate is held in the States. Adjourned
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GILPIN COUNTY RECORDS
Oct 6 Meeting met and adjourned for one week
Oct 13 Meeting meet and appointed a committee to set- tle a difference between Theodore Carey and Wm Cook which was decided in favor of Wm Cook on motion of Wm Cook the following question was befor the Meeting and carried that the record of Theodore Carey on Page 30 be blotted out.
Adjourned
December 29th 1860
Bay State District
the meeting of Said District was called by order of the President & Recorder for the purpose of Electing a Vice Presi- dent & Recorder the meting was called to order By the Prese- dent & H. L. Graham was chosen Recorder protemn. the met- ing was also called for the purpose of making Laws for Said District
Section 22
The President Shall have power to appoint two men & those two Shall appoint one other man & the three Shall Settle the difficulty existing between the miners to which they was chosen to Settle from which there shall be no appeal : When the Prese- dent has a difficulty then the Vice Presedant Shall appoint in the Same manner
Section 23
It Shall be the previlege of enny miner or Miners to take out the water out of North Clear Creek in a ditch or floom around enny mans Claim or over his Claim for the purpose of washing Dirt on the Hill Side by Hydraulic power or Slusing not ingering the claims passing thare over
Section 24
The above Laws Shall not be repealed unless two thirds of the miners in Said district Shall concur there in or thare Shall be a majority of two thirds
Section 25
The President Shall call the district to geather upon the written requst of five miners in Said District the Presedent giv- ing three days Notice in writing posted up in three of the most
BAY STATE DISTRICT
BER DBMARY OF 1 75- CITY OF DENVER
public places, or the President & Vice President Shall have the Same power giving the Same Notice
Section 26
All Meetings of the District Shall be held at the Residance of W. F. Carey : The within Laws was unanimously adopted by the Miners of the Bay State District They then went into an Election for Vice President & Recorder. J. B. Lasley was unanimously Elected Vice President & H. L. Graham was Elected Recorder
H. L. Graham; Recorder
Bay State District February 5th 1861
The Meeting of Said District was called according to the by Laws of Said District: The President called the Meeting to order and the minutes of the previous Meeting was red by the Recorder they then past the following Laws
Section 27.
All persons that own Claims in this District that are absent Since the thireyeth day of September A D 1860 recorded sold or (transfurd) or not recorded all Such Claims Shall be con- sidered void : unless they have friends or Agents in this District to represent there Claims : all Such agencies shall be recorded in five days after the passge of this Aricle or Law
Section 28
Section 7 was so amended as to read that all Citizens of this District shall be entitled to vote at all meetings
Section 29
Resolved that it Shall be unlawful for anny man or men to preempt a Claim or Claims for anny man or men known or believed to be in the States All Kind of Claims what ever all Such Claims Shall be void : past February 5th A. D. 1861
I certify the above to be a true copy of the original min- utes of the meeting
Harvey L. Graham, Recorder
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GILPIN COUNTY RECORDS
July 26 1861 Meeting met at W F Careys pursuant to a call of the Citizens of Said District for the purpose of Elect- ing a vice president & transacting other buisness meeting was called to order by the president: Section 26 was amended to read as follows all meetings Shall be held at the House of the Recorder: J. L. Willson was duly elected vice president: on motion of W T Reynolds Section 22 was repealed and
Section 29
was past There shall be five citzens of Said District chosen to Setle all Difficulties in regard to mining interests the Oppo- nants are to choose two presons out of Said comittee & if those two cannot agree the third person Shall be chosen out of the committee by the two that are allready chosen & if either of the parties are Dissatisfied with the Decision they can appeal to the miners of the District & from thare Decision thare Shall be no appeal: the Committee that was cosen con sists of the fol- lowing persons
J M Steward M. L. Turner
J. L. Willson R Crummel
W. T. Reynolds
Wm T Reynolds was elected President of Said district in place of Wm. F. Carey
James A. Williams was elected Judge of the Said District & Isaac K Fisher was elected Sherriff of Said district unani- mously
James A. Williams was Sworn in by the President & I. K. Fisher was Sworn in by James A. Williams Judge meeting then ajourned
I certify the a bove to be a true copy of the minutes of Said meeting
Harvey L. Graham, Recorder
August 6, 1861
Meeting met pursuant to a call of the Miners to adopt laws for said district. Called to order by the president
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BAY STATE DISTRICT
Section 30
Resolved that all the laws of Gregory District be adopted Except the law relating to Jury it was past that thare should be Six Jurors before Said Justice & they Should be twelve names writ down by the Justice & from those twelve the Six shall be chosen in the following manner the Defendant Shall Strike out the first name & then the plaintiff shall strike out one & if Either or both refuse to strike out the Justice or Judge Shall Do it for them untill thare is but Six names left & the remaining Six Shall be the Jurors from which thare Shall be no appeal: the party calling the Jury Shall deposit with the court the Jury fees in money which wilbe one dollar & fifty cents in cash to each Juror in case no Jury is callid the court Shall try the case
I certify the above law to be correct the Laws that was adopted was past in Gregory District February 18 & 20 A D 1860.1
M. Stormes Recorder
J. S. Stone Judge of the Miners Court
H. L. Graham
Recorder of Bay State District August 6 1861
1 See above pp. 18-33.
EUREKA DISTRICT.
FIRST RESOLUTIONS.1
We the residents of Eurek [a] District, feeling the neces- sity of Giving legality to our judicial proceedings and validity to our records, do hereby resolve
First, That the limits of Said district Shall be defined as commenceing at the first crossing of Gregorys Gulch above Mountain City, and running south to the apex of the mountain, then west sufficient to include the Lake and Spring Gulch. cross- ing the mouth of Nevada at its junction with Spring Gulch, directly north, and following the Summit of the divide between the Nevada and Eureke Gulch thence bending north sufficiently far to cover the mountain lying on the north of the Eureka Gulch and following the summit of Said mountain to some point directly north of the place of Starting
Second, That a notice of the limits of the Eureke District as above defined, be transmitted to the proper Authorities of Gregory District, with notice of secession and erection into a district distinct
John Fries President L. M. Freas Secretary
MINUTES OF 1860 AND 1861.2
At a meeting of the Citizens of Eureka District held at Mr. Otis's store on the 2nd day of May A.D 1860, John Taylor Esqr in the Chair
It was moved & seconded that a committee of five be ap- pointed by the Chair to revise and remodel the laws of the Dis- trict
The Chairman appointed G. W Brizee, J.F. Mitchell, W.T.
1 Eureka District, Book B. The regulations bear no date, but the dis- trict was organized in July, 1859. The first entry in Book A was made July 21, 1859.
2 Eureka District, Minutes of the Miners' Court, 1860 and 1861.
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EUREKA DISTRICT
Willborn, Thos. Smith, and George H. Goodwin as a Commit- tee, with directions to report at a meeting to be held on the 9th day of May 1860.
Meeting Adjourned
Thomas Smith Secy.
John Taylor, Chairman
At a meeting of the Citizens of Eureka District held at Mr. Otis's store on the 9th day of May A.D. 1860, John Taylor Esqr in the chair,
The Committee appointed at a previous meeting to revise and remodel the laws of the District presented their report which with a few amendments (for which, together with the re- port of the Committee see printed "Laws of Eureka District") was unanimously adopted
It was moved and seconded that the Deputy Recorder be requested to have 300 Copies of the Laws of the District (as now amended) printed, also that a committee of three be ap- pointed by the chair to obtain subscriptions for defraying the expence of printing the laws.
The Chairman appointed Thomas Smith, W.T. Blair and C.J. Hoover as a Committee. Meeting Adjoined
John Taylor, Chairman
Thos. Smith Secy.
Election Returns June 4th 1860
For President
Wm Park 183
A.C. Swift 20
163 Majority for Wm Park
For Judge of the Miners Court
John Taylor 209
For Recorder
Thomas Smith 141
Robert Wood 48
Dr. Goodwin 26
Majority for Smith over Wood 93
" Goodwin 115
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GILPIN COUNTY RECORDS
We certify that the above is a true and correct transcript of the votes poled this day at the annual election of Officers for the Eureka District
Dated at Central City this 4th day of June A.D. 1860
George H. Goodwin. Joseph Davis. J. T. Swaney. Judges of Election
At a meeting of the Citizens of Eureka District held at Mr. Otis's store on the 26th day of June A.D. 1860, Wm Park in the chair
It was moved and seconded that a Committee of five be ap- pointed to revise our existing Laws in relation to fees of jurors, witnesses and officers of the Court, and also as to having all fu- ture suits in relation to claims brought before a meeting of the Miners
On Motion Messrs J. I. Moore, Hickman, Boyd Newton and Fitsgerald were appointed to serve on said Committee
It was moved, seconded and carried unanimously That the time for working all elaims, except gulch claims where there is a sufficient supply of Water be extended to the 1st of September 1860. Mill Sites, Building Lots, and farming claims also to be held until the same date without improvement being necessary.
It was moved, seconded and carried unanimously That that portion of Article 5. Section 1 relating to "purchased elaims" be expunged from our Laws
It was moved, seconded and carried unanimously That sec- tion 5 on page 8 relating to the "Sheriff of Arapahoe County" be repealed, and that we meet on Saturday next the 30th Inst. at 4 o'ck P.M. to elect a Constable.
It was moved, seconded and carried unanimously that a Committee of three be appointed to locate a road up to the head of Eureka Gulch, also up the "Prosser" Gulch.
On motion Messrs. J. A. Staley, Eli Skeers, and Joseph Davis were appointed to serve on said Committee.
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EUREKA DISTRICT
Both Committees were requested to report at an adjourned meeting of the Miners to be held on Tuesday the 3rd day of July at 4 o'clock P. M.
Meeting adjourned,
Thos Smith Secy.
Wm Park Chairman
Election returns. June 30th 1860
For Constable
J. H. Leavonworth 132 C. J. Hoover 39
Robert Wood
73 L. Merrithew 7
John Swaney
60 P. Q. A. Fowler 1
Majority for Leavonworth over Wood 59
Swaney 72
66
Merrithew 125
66 66
Fowler 131
This is to certify that the above is a true and correct tran- seript of the Votes poled this day at an election for Constable of
Eureka Distriet Central City June 30th 1860
J. R. Harper 5 Judges H Wood Clerk
Jno. H. Hinse -
At an adjourned meeting of the Citizens of Eureka Dis- trict held on the 3rd day of July 1860 at Mr Otis's store, Win Park in the chair, to hear the reports of the Committees ap- pointed at a previous meeting held on the 26th day of June
The Secretary read the "Majority" report relating to the revision of the Laws of the District presented by Mr. Fitzgerald as chairman of Said committee
Mr. J. I. Moore read a "Minority" report-after which a diseussion ensued and the meeting was brought to a conclusion by a motion to adjourn
Thomas Smith, Secy
Wm Park, Chairman
At a meeting of the Miners of the Eureka District held at Mr. Merrithews House on the "Prosser" Gulch Mr Wm Park in the Chair, July 9th 1860.
4
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GILPIN COUNTY RECORDS
Mr. J. A. Staley read a report from a Committee appointed at a previous meeting to locate a road up the Eureka and Prosser Gulches
It was moved, seconded and carried unanimously the Road up the Eureka Gulch from Station 2 be made 40 feet wide in- stead of 30 feet.
Also that the Road up the Prosser Gulch be made 40 feet wide instead of 30 feet.
Also the Road be made straight from the Quartz Valley road (Station 13) to Station 17.
Also, That the old Road be kept open until the new one is completed.
It was then moved, seconded, and carried unanimously That the report of the Road Committee as amended be adopted.
The Secretary read the Majority report of the Committee appointed to revise the Laws
It was then moved that Section 1 be adopted. Mr. Moore objected and after some remarks read a Minority report of the Committee.
Each section of the Majority report was then taken up sep- arately and the following amendments adopted.
Section 1. Adopted without amendment.
Section 2. Amended by adding at close of section "Said arbitrators shall be sworn by the Judge of the Miners Court to decide the cause according to the evidence
Section 3. Adopted without amendment.
Section 4. Amended by inserting after the words "said board", which notice shall be served by the Constable or other proper officer of this district.
Section 5. Adopted without amendment.
Section 6. do do
Section 7. Amended by inserting after the words "an- other board" "to be selected as follows, the Constable shall sum- "mon 15 disinterested men, each party shall stricke therefrom 4, "leaving 7 who shall constitute the second board, and who shall "meet within 5 days and decide the canse according to the evi-
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EUREKA DISTRICT
"dence" and omitting the clause commencing with the words "of seven" and ending with the words "of the case"
Section 8. Amended by substituting the words "Judge of the Miners Court" for the words "Justice of the Peace"
Section 9. Amended to omit last clanse commencing with the words "during which time"
Section 10. Adopted without amendment
. Section 11. do do
Section 12. Amended to read as Section 6 on page 8 in printed Laws
Section 13. Amended to read after the words "give bond" "for the faithful performance of his duties" and to add at close of section said bond to be made to the Treasurer of the Dis- trict
Section 14. Adopted without amendment
Section 15. do do
Section 16. Amended by adding at the close of the sec- tion "Said fees not to be contingent" "upon the rendition of a unanimous verdict"
Section 17. Amended by substituting the words "Judge of the Miners Court" for "Justice of the Peace"-and inserting in the place of "same officer" the words "Justice of the Peace"
Section 18. Adopted without amendment. It was then proposed & seconded that Section 3 on page 19 in the printed laws be so amended as to read after the words "each offence" provided nevertheless that the provisions of this Section are not intended to apply to sawed Lumber" and omitting the closing paragraph which reads as follows "but any timbers that are al- ready got out, may be removed" It was also moved and sec- onded "That the Judge of the Miners Court is hereby authorised to issue the necessary process to enforce the above Section" (re- lating to the removal of Timber etc ont of the District ) and the Constable is hereby authorized and empowered to seize with said process and timber Logs or Wood being removed from the District, make sale of the same, and pay the proceeds into the hands of the Judge of the Miners Court.
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