USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 8
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GILPIN COUNTY RECORDS
It was moved and seconded that "No person shall be al- lowed to divert any water from the original bed of the stream"
Section 19. Adopted without amendment.
It was then moved, seconded and carried unanimously that the sum of Three Dollars be allowed to the President for pre- siding at each meeting to be paid out of the funds of the Dis- trict.
Meeting adjourned
Wm Park, Chairman Thomas Smith, Secy
At a meeting of the Citizens of Eureka District held at Wm Merithews House on the "Prosser" Gulch on the 23rd day of July A. D. 1860
The President of the District in the chair.
It was moved, seconded, and carried unanimously that the Roads of this District be divided into three Sections. Section No. 1 to extend from the Recorders office to the forks of the Prosser and Eureka Gulches-District No. 2 from the Forks, up the Eureka Gulcli, and District No. 3 from the forks up the Prosser Gulch
It was moved, seconded, and carried unanimously that the President appoint one Road Supervisor for each District.
The following gentlemen were appointed
For District No. 1 Mr E. A. Hickman For
For 66 66 2 " Lyman Elmore
3 John Wilson
It was then resolved that the Supervisors take immediate steps for placing the Roads of the District in good travelling con- dition by the means of the voluntary aid of the Citizens of the District.
It was moved, seconded, and carried unanimously that all Gambling houses and Drinking saloons that are open for the carrying on of their business on Sunday be considered, and are hereby declared a nuisance.
On the application of Mr. John R. Staley for the appoint- nient of a board of Arbitrators to settle a dispute with regard
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EUREKA DISTRICT
to a building lot, between J. A. Staley and Jesse Ford the fol- lowing gentleman were appointed
M.D. Cobb John Cree J. B. Dean H. Berry John Wilson.
It was resolved that the first Arbitrator chosen shall in all cases be its chairman.
Also, That it shall only be necessary for the chairman of the Board of Arbitrators to be sworn by the Judge of the Miners Court, and that the Chairman be authorised to swear the other four Arbitrators
Adjourned
Thomas Smith Secy.
President
At a meeting of the Citizens of Eureka District held on the 2nd of Augt. 1860 at 1 o'clock P.M. for the purpose of "ejecting Mr. Allen from a Mill claim belonging to Mr. John- stone"
There being but a small attendance it was rosolved to adjourn the meeting to 6 o'clock P.M. At the adjourned meeting held at 6 o'ck after a statement from Mr. Johnstone regarding the claim in dispute, and some discussion on the subject It was unamously resolved that (owing to certain informalities in the former arbitration) a fresh Board be appointed to arbitrate the case-Mr. Boyd, Mr. Cree, Mr. Skeers, Mr. Al Stevens and Mr. T. Fry were ap- pointed.
Rosolved that all meetings of the District be held at on Sat- urday's at 4 o'ck P.M .- Adjourned Thomas Smith Secy. President
At a meeting of the Citizens of Eureka District held at Mr. Merithew's house on the Prosser Gulch on the 1st day of Sep- tember A.D. 1860 H. B. Morse Esqr. in, the chair,
It was resolved that the amendment passed at the meeting on the 26th of June 1860 relating to claims be repealed and that all claims of whatsoever description whether held by Discovery, Purchase or preemption when recorded be held as vested rights
It was resolved that an election for President be held on
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GILPIN COUNTY RECORDS
Saturday next the Sth Inst. between the hours of 2 & 4 o'clock- The election to be held at Mr. Merithew's house on Prosser Gulch
It was resolved that no person preempting (or jumping) any claim on the first day of September 1860 shall by reason thereof acquire any right or interest in or to such claim
Meeting adjourned
Thomas Smith Secy.
Harley B. Morse President
At a meeting of the Citizens of Eureka District held at Mr. Mcrithew's house on the Prosser Gulch on the 19th day of September A.D. 1860 John I. Moore Esqr. in the Chair
The object of the Meeting was stated by Mr. Moore to be to amend the Code of Laws in relation to Arbitrations the Election of a President of the District etc
It was resolved that a committee be appointed by the presi- dent to report business for the mecting-The President ap- pointed Messrs McCook, Hickman & Kyle as said Committee.
A discussion was then had as to whether the meeting now in session was called in the manner and at the time provided in the Code-Doubts being entertained on this subject it was moved and carried that the meeting adjourn until Saturday Septr 22nd and that the Committee have until then to make their report
Whereupon the meeting adjourned
John J. Daggett, Secy. President
At an adjourned meeting of the Citizens of Eureka Dis- trict held at Mr. Merithew's house on Prosser Gulch on the 22nd day of September A.D. 1860 J.J. Moore Esqr. in the chair
It was resolved that the proceedings of the meeting held on Wednesday last be recognized-
The Committee appointed at the last meeting presented their report and were discharged
The report, together with sundry amendments adopted by the meeting was as follows
Scc. 1. Resolved That the Board of Arbitrators estab-
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EUREKA DISTRICT
lished for the purpose of adjudicating all disputes that may arise concerning claims in this District shall hereafter eonsist of Three permanent members whose terms of Office shall eon- tinue until the next general Election, and shall be eleeted by the Citizen of the District innnediately by Ballot.
Sec 2. Resolved That after the Board shall have been elected they shall immediately assemble and choose one of their number President who shall be elothed with the same power and jurisdiction while presiding over an arbitration as the President of the District, the Judge of the Miners Court or a Justice of the Peace of the Territory of Kansas and it shall be his duty to decide all questions as to the admissibility of evidence that may arise during the course of the Arbitration
Sec 3. Resolved That the Board shall have one eonven- ient and permanent place for holding their meetings, and that the Secretary of the Distriet be, ex officio, elerk of the Board of Arbitrators and keep the Records of the same at his office, which said Records shall at all times be open for inspection
See 4. Resolved That at least two of the Board shall be present at all trials unless all parties shall consent to go into trial with a less number and that when the President shall be absent or an interested party either of the other members offiei- ate in his place and exercise all his powers and duties and that in the event that their being only two Arbitrators present they be authorized to choose an associate who shall form the third Arbitrator
Sec 5. Resolved That the Fees of the Board of Arbitrat- ors shall be $2.50 each, per day while sitting as Arbitrators, and in addition, to the President of the Board the fees allowed the Judge of the Miners Court for issuing summons and other process-
Sec. 6 Resolved that each member shall take a solemn oath in the ordinary form to try all arbitrations that may come before them without favor or partiality and to render and award in accordance with the law and the evidence.
See 7. Resolved That either party upon the payment of all costs may have the benefit of an appeal to a Board of five Ar-
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bitrators to be selected as follows-The Constable shall select eleven Citizens of the District and shall present a list of their names to each contesting party or his Attorney and they shall each have the privilege of striking off three, and the remaining five shall try the case, and that if either of the five be challenged for cause, or be absent the Constable be authorised to make up the Board from the by standers And said second Board shall be presided over by the Judge of the Miners Court who shall have and exercise all the powers of the President of the former Board except that he shall have no voice in the final decision of the case. The said second Board shall receive the same compen- sation as the members of the first-In all cases the decision of the majority of the Board of Arbitrators shall be the decision of the Board and shall be final
Sec 8. Resolved that the Courts of other Districts shall have no jurisdiction over the persons or property of Citizens of this District and any writ emanating from said Courts, except for crime, whether in the hands of the Constables of said Dis- tricts or the Sheriff of Arapahoe County or his deputies shall have no force or effect, nor be respected within the limits of Eureka District and it shall be the duty of the Judge of the Miners Court this Distr upon application and proper showing of any Citizen against whom execution or attachment or any other civil process has been issued by any of said Courts, or by any of the Provisional Courts to grant an injunction to restrain the execution or service of the same.
Sec. 9. Resolved That in all case hereafter where service of summons cannot be had personally it shall be deemed suffi- cient notice to either post the notice for two weeks in at least four conspicuous places in the District or to publish the same for two weeks in some Newspaper published within the limits of the County which said service of publication made in a news- paper shall be verified as required by the Laws of Kansas and if made by posting notice shall be verified by the affidavid of the Constable or other officer posting the same
Sec 10, Resolved That all the Laws or Parts of Laws of
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EUREKA DISTRICT
this District conflicting with the provisions of this act be and the same are hereby repealed
Sec 11. Your Committee would further recommend that a Committee of three or five be appointed by the chair for the purpose of thoroughly revising and codifying all the Laws of this District said Committee to report to a miners meeting to be held on the first Saturday in October
Resolved That the Citizens of the Districts be invited to meet us in general Convention at some early day for the pur- pose of determining upon some uniform mode for service and execution of process and writs in civil actions throughout the different Districts, and to enact such other laws and establish such other regulations as pertain to the common interests of the Districts. The chair appointed Messrs McCook, Cree and Dr. Daggett to revise & codify the Laws of the District
Resolved That no person shall cut, girdle or injure any tim- ber, shrub, or shade tree growing on the Building Lot of any other person in Eureka District and if any person shall be guilty of the same he shall be subject to a fine of not less than five or more than fifty Dollars
Dr. J. F. Daggett was then nominated for President of the District and declared unanimously elected by acclamation.
An election by Ballot for permanent Arbitrators was then held and resulted in the following gentleman being elected
John Cree E. A. Hickman E. W. Henderson
Copy of Circular addressed to Gregory, Nevada, Quartz Valley, Enterprise Illinois Central, Russells, Lake Gulch, & Pleasant Valley Districts in accordance with Resolution Passed at last meeting
Eureka District Sep 24/60
To the President of Nevada District
Dear Sir,
At a meeting of the Citizens of Eureka District held on
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GILPIN COUNTY RECORDS
the 22nd inst. the following resolution was unanimously passed "Resolved
That the Citizens of other Districts be invited to meet us in general Convention at some early day for the purpose of determining upon some uniform mode for service and execution of process and writs in Civil actions throughout the different Districts, And to enact such other Laws and establish such other regulations as pertain to the common interests of the Dis- tricts."
In accordance with the above Resolution we invite the Citi- zens of your District to send two Delegates to meet a like num- ber from each District, and take the liberty of suggesting that the Delegate meeting be held at the Recorder's Office on Wednes- day Oct. 10th 1860 at 10 o'ck A.M. to carry out the provisions of the above resolution
Respectfully yours
Thos Smith Secy.
John F. Daggett President of Eureka Dist
In accordance with the following "call" a meeting was held at the Recorder's Office
At a meeting of the Citizens of Eureka District held at the forks of the Eureka and Prosser Gulches on Saturday the 20th Octr. 1860 Jno F. Daggett Esq President in the chair
It was moved and seconded, That no Tunnel claim shall be considered a vested right under the Laws of the District unless 10 days work shall first have been done in said Tunnell in open- ing it, and all Lodes discovered prior to such work having been completed shall be excepted from any Tunnel claims, as now provided by law, if staked and recorded-
An amendment was offered by Dr. Hall which was sec- onded and carried unanimously, That
All the Sections in our Laws granting privileges to Tun- nelling Companies be repealed, and that they only be entitled to 250 feet on each side of their Tunnel on all Lodes discovered in consequence of said Tunnel.
Meeting adjourned
John F. Daggett President Thomas Smith Secy.
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EUREKA DISTRICT
At a meeting of the Citizens of Eureka District held at the forks of Eureka and Prosser Gulches on Saturday the 27th Octr 1860, Jno F Daggett Esqr President in the chair,
It was resolved, That the law passed on last Saturday, re- stricting Tunnel Companies to their own actual discoveries take effect "ex post facto" upon all Tunnel Companies in this Dis- trict whether organized and recorded prior to or since the pass- age of that act
Meeting adjourned
Thomas Smith Sccy.
John F. Daggett President
At a meeting of the Citizens of Eureka District held on Saturday Decr 1st 1860 John F Daggett Esqr President in the chair
It was resolved, That the Discoverer of a Lode shall have ten days after the Discovery to name the Lode and stake out his Discovery claim which may be taken on any part of the Lode where the crevise is opened, and that no staking of claims shall be legal or valid till after the Lode is named and the Discovery claim staked as above provided.
It was resolved, That no title to a claim shall be valid in consequence of staking (whether worked or uot) unless recorded within ten days thereafter.
It was resolved That the section in our Laws limiting per- sons to but one preemption claim in this District be repealed and that in lieu thereof a person may legally hold one preemp- tion claim on each Lode
It was resolved That the Gulch upon which Miller & Wise's and Doe & Co's Quartz Mills are located be known henceforth as "Prossers" Gulch, and so called in the public records of the District
It was resolved, That all claims preempted and the Record- ers fees left unpaid by the first day of Jany. 1861 shall be sold at public auction and the proceeds applied as directed by the Citizens of the District after the payment of the Recorders fees and that the Recorder be authorized to give Deeds for claims thus sold-10 days notice to be given of such sale
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GILPIN COUNTY RECORDS
It was resolved That it shall be the duty of the Recorder to provide some room situated near the mouth of Prosser's Gulch for the holding of public meetings of the District and for elec- tions and that all elections shall be held at that place only.
It was resolved That the fees of the Recorder for recording preemption claims shall be fifty cents for each claim so recorded.
Dr. Daggett having announced his intention to visit the states and it being therefore necessary for him to resign his office as President of the District, on motion
It was unanimously resolved that a vote of thanks be ten- dered to Dr. Daggett for the able and impartial manner in which he had on all occasions fulfilled the duties of his office, and that his resignation be not accepted but that a temporary president be elected by acclamation
On Motion E. W. Henderson was unanimously elected tem- porary president of the District.
Thomas Smith Secy.
President
At a meeting of the Citizens of Eureka District held at Mr. Le Fevre's house near the mouth of the Prosser and Eureka Gulchies on the 2nd day of Feby. A D 1861 E. W. Henderson President in the chair
Judge Taylor offered his resignation as Judge which on motion was accepted
It was resolved That the time for holding the annual elec- tion for the officers of said District be held on the second Mon- day of Feby. of each year.
It was resolved That the place of holding Courts in the Re- corder's office shall be at or near the junction of Eureka and Prosser Gulches from and after the second Monday in Feby. 1861.
It was resolved That the sale of property shall not follow the rendition of Judgment or the foreclosure of Mortgages in less than thirty days, and in real estate it shall be redeamable for sixty days thereafter on payment of the Judgment together with interest at the rate of five per cent per month from the date of the rendition of Judgment
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EUREKA DISTRICT
It was resolved That the Judge of the Eureka District has not, nor never had any power to open any decisions of the Court of Arbitration composed of five where their decision was unani- mnous.
It was resolved That all evidence tending to the promotion of the ends of justice and the elucidation of facts in all causes shall be admitted without any reference to the rules of evidence as established by any particular court
It was resolved That all causes shall be tricd upon their merits alone-that the rights of no party shall in anywise abate on account of any tecknicalities in the pleadings or other pro- ceedings of the adverse party
It was resolved That all acts and parts of acts conflicting with the above sections are hereby repealed
It was resolved That the word "thirty" be substituted for "twenty" on line twenty on page 16 of the printed laws of the District.
It was resolved That in the event of a suit being brought on a Note [of] hand no "Complaint" shall be necessary.
The Recorder made a short statement and offered the fol- lowing Resolution
That in view of certain charges that have been made against the Recorder of this District relating to the illegal sale of claims at public auction and recording the same claims to more than one person a Committee of three be appointed by the pres [id]ent, to investigate said charges and report at a meeting of the District to be held on the 9th instant, said Committee to have power to send for any persons books or papers they may re- quire-Adopted-
Meeting adjourned
E. W. Henderson President Thomas Smith Secy.
At a meeting of the Citizens of Eureka District held at Mr. LeFevre's house near the junction of the Eureka and Prosser Gulch on the 9th day of Feby. A.D. 1861 J.H. Leavonworth in the chair
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GILPIN COUNTY RECORDS
The following report of the Committee appointed at the last District meeting was read by Mr. Cree-
Eureka District Feb 7. 1861
"Whereas at a meeting of the Citizens of this District held on the 2nd Inst. the undersigned were appointed a Committee to investigate charges made against the Recorder for having 'illegally sold claims at public auction and recording the same claim to more than one person' and having attended to the same beg leave to report
"Your committee gave notice as far as practicable that they would hear any such complaints at the Recorders Office on the 6th & 7th Inst. and accordingly met at the time and place. After investigating such charges as were brought before them and examining the books and papers relating to the same they could not find the charges sustained as embodied in the resolu- tion of the meeting last Saturday as preferred against Thomas Smith Recorder
All of which is respectfully submitted"
"John Cree J.W. Stanton James Burrell"
Mr. Burrell offered the following resolution which was car- ried unanimously
Whereas this District passed the following resolution at a meeting held on Saturday Decr. 1. 1860
"That all claims preempted and the Recorders fees left un- paid by the first day of Jany. 1861 shall be sold at public auc- tion and the proceeds applied as directed by the Citizens of the District after the payment of the Recorders fees, and that the Recorder be authorized to give deeds for claims thus sold, 10 days notice to be given of such sale."
And whereas difficulties haven arisen respecting the sale of claims thus made touching prior rights thereon. Therefore resolved. "That in those cases where purchasers of claims at said auction obtained thereby no good title such sale interfering
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EUREKA DISTRICT
with vested rights the purchase money be refunded and that the Recorder be authorised to refund the same to such purchasers
Two resolutions relating to the laws of Kansas Territory being in effect in this District when not conflicting with the laws of the District were offered and on motion were negatived.
It was resolved That miners, laborers and each and every person who shall perform labor upon any mining claim or in or about any Quartz Mill in this District under contract with the owner therof or under a subcontractor, agent, or Leasce of the owner shall have a lien on the mining claim or quartz mill for his own work and labor so donc and performed.
And that said lien to be effectual shall be filed within four months after commencing such work or labor and said lien shall be collected in the same manner as provided by the statutes of Kansas for the year 1859 for collecting mechanics liens
It was resolved. That the provisions of the foregoing law shall be retroactive and that miners and laborers shall have the benefits thereof who shall file a lien with the Judge of the Miners Court within ten days after the passage of this act and in accord- ance with the Statutes of Kansas for the year 1859 in relation to mechanics liens. And the same shall apply to miners and laborers who shall have performed work and labor in accordance with Sec I for four months previous to the passage of this act and said lien shall be collected as provided in Section first
Three divisions took place on passage of the last resolution -On the first division there appeared 103 votes against and 92 votes for it On the second division 98 votes for and 96 against. And on the third division 110 votes for it and 90 against.
Meeting adjourned
Thomas Smith Secy
J. H. Leavonworth President
Eureka District Feb 11, 1861
At a meeting called by the Citizens of this District for the election of Officers for the ensuing year the following persons were voted for as follows :
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GILPIN COUNTY RECORDS
For President
John A. Staley 211 Votes Thos. Gettings 83 Votes
E W Henderson 99 " Rowin 5
«
J. W. Stanton 20 Scattering 4
And John Staley was declared duly elected.
For Judge
W R Gorsline 231 Votes John Cree 103 Votes
C Tator 125
Scattering 6 66
And W. R. Gorsline was declared elected
For Recorder
Thomas Smith
112 Votes E Holley 63 Votes
N. D. Haskell 81
W Bell
39
J P Bonesteel 79 C C Spaids
18
J R Hambel 69 Scattering 4
And Thomas Smith was declared elected
For Constable
J H Leavenworth 208 Votes
Wm. Shepherd 89 Votes
J. C. Trotter 138 H. N. Peck 19
Scattering 1
And J. H. Leavenworth was declared elected.
Board of Arbitrators.
H. Berry
218 Votes
E. W. Henderson 82 Votes
A. P. Wright 176 J A Haskins 57
H. Crow 150
J H Alexander 54
J. P. Bonesteel 109 G W Harriman 52
O. C. Bugby 85 C Berry 13
16
A. J. Boyd 84
Scattering 5
And H. Berry, A. P. Wright and H. Crow were declared elected
306 Votes were cast against the Judiciary System 4 66
for do
Whole number of Votes cast were 475
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EUREKA DISTRICT
We hereby certify that having been duly appointed Judges & Clerks of the above election that the above record is correct Signed
James Burrell T Dwight Beehe R. C. Dean Judges J W Bell Jas A Snodgrass Clerks
Proceedings of a meeting called by the President of the District J A Staley in accordance with the laws and held in the building owned by the Eureka Quartz Crushing Co. near the forks of Eureka & Prosser Gulches on Saturday March 30th 1861. President Staley in the chair.
The Recorder being absent Mr. George LeFevre was elected Secretary of the meeting. The President stated the object of the meeting was to take into consideration the changes of the boundaries of the District, that other Districts had been formed without acting in accordance with the laws and in- fringed upon our Territory Mr. Leavonworth offered the fol- lowing resolution
Resolved "That the boundaries of Eureka District shall be known and defined as established in Convention on the 9th of May 1860 unless changed in a legal manner" which resolu- tion was unanimously adopted
The following resolution was also adopted after much dis- cussion and amendments to the resolution as originally offered.
Resolved by the Citizens of Eureka District in mass meet- ing assembled, Nevada concurring, that the dividing line be- tween the two Districts shall be the water shed as now estab- lished to the dry gulch just above the stable of the C.O.C.&P.P. Express Co., from this point the dividing line shall be a right line drawn from above point to the North West corner of the Alexander Mill and from this point the dividing line shall be the middle of the Gregory Gulch until it strikes Gregory Dis- trict
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