USA > Colorado > Gilpin County > Early Records of Gilpin County, Colorado, 1859-1861 > Part 9
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GILPIN COUNTY RECORDS
It was also resolved that the President appoint three Citi- zens of the District to act as Commissioners to confer with the authorities of Nevada for the purpose of establishing the divid- ing lines between the two Districts according to the tenor of the foregoing resolution.
The following was laid upon the table to be acted upon at some future meeting
"Resolved that the legal rate of interest in this District shall be three per cent per month except where parties may otherwise stipulate in writing and when so stipulated such in- terest shall follow judgment rendered thereon
The following was unanimously adopted
"Be it enacted by the Citizens of Eureka district in miners meeting assembled
1st. That the second section of the Law passed on the 9th of Feby. 1861 in relation to laborers and miners liens be, and is hereby repealed and that all proceedings commenced by virtue thereof are declared null and void.
2nd That the President appoint three Citizens of the Dis- trict to amend the first Section of said Law and report at the next miners meeting for ratification"
The President appointed Messrs LeFevre, Harriman and Lindsley committee to amend said Law
The President appointed Messrs Leavonworth Norris & Taylor committee to confer with authorities of Nevada in estab- lishing the dividing line between the two Districts
"Resolved that Lode claims shall include all the Territory embraced within the boundaries as named in Section 2 Page 3 of Printed laws and all spurs veins and branches within fifty feet in width shall belong to said claim if branches of the prin- cipal Lode and the center of the crevice whatever may be its dip or inclination shall be considered the center of the fifty feet
The above was received and laid upon the table
On motion the meeting adjourned to Saturday April 6th 1861 at 3 o'ck P.M
G. LeFevre Secy
J. A. Stanley President
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EUREKA DISTRICT
An adjourned meeting of the District was held in the Eureka Quartz Crushing Co's Blacksmith's Shop on Saturday the 6th day of April 1861.
In the absence of the President Mr Alfred Burroughs was appointed chairman
The minutes of the last meeting were read by the Secre- tary and approved.
On motion of Mr. Leavenworth the meeting adjourned to meet on Saturday the 20th Inst.
Thos Smith, Secy
President
Pursuant to Notice a meeting of Eureka District, was held at the Store House of Rev Louis Hamilton at 1 P.M. May 18th A.D. 1861
Present
John A. Staley past President and numerous citizens, the objeet of the meeting being to elect a new President & Recorder
J. A. Staley P.P. organized the meeting by qualifying
J. B. Fitzpatrick Judges
J. P. Clarke - Clerks
P. Q. A. Fowler
L. Hamilton
G. W. Harriman of Eleetion
Polls were then opened & continued open untill 6 p.m.
Votes assorted & counted-returns declared as follows to wit :
We the undersigned judges of eleetion do find that the fol- lowing are the whole number of votes cast for each person
For President Louis Hamilton had 113 votes
J. Thateher 3 votes
Recorder N. D. Haskell had 117 votes 66 Charles Berry 35 votes
Whole number polled was 152
J. P. Clark
P. Q A Fowler
Clerks
Closed
Attest : N D Haskell
J. B. Fitzpatrick G. W. Harriman L. Hamilton
Judges of Eleetion
1
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GILPIN COUNTY RECORDS
This is to certify that the minutes of the meeting of Eureka District on the 18th of May 1861 are correctly recorded
J. B. Fitzpatrick - Judges
L. Hamilton
G W Harriman - of Election
Ereka District July 25th 1861 A Meeting of Citizens was held at Mr D Ebi's House pursant to call by President L. Hamilton at 71/2 oclock P.M the time arrived meeting was called by the President Notice of meeting was then read by the secretary N. D. Haskell, whereupon resolutions were pre- sented and read by Theodore Schintz Esq. when the Pres signi- fied a request to retire J. B. Rowen upon unanimous call occu- pied the chair as Pres pro. tem. untill the return of Mr. Hamil- ton at 81/2 P.M, after discussion at some length on the resolu- tions offered and read, they were unanimously adopted ; the fol- lowing is a copy of the Resolutions
Whereas : the Congress of the United States, passed an act to provide a temporary government for the Territory of Colo- rado, and thereby created Judicial Tribunals, which are fully organized; Therefore be it resolved that the necessity of our miners court no more exists, that no suits shall hereafter be en- tertained by the miners court, that all suits commenced in the said miners court for Eureka District, since the date of the or- ganization of the Territorial District Court in this district, to wit since the 17th day of July 1860 should be and the same are hereby discontinued; and the Judge of the Miners Court and President of the District are here required to enter such discon- tinuancy on record, the legal Constitutional remedy for the par- ties being in the territorial courts
Resolved, That these resolutions are not intended to inter- fer with cases commenced before said 17th day of July 1861 the date of the organization of the Territorial Courts
Resolved ;
That these resolutions; do not interfere witlı the exercise of Judicial powers of the Court on Claims, or Board of Arbitrators; established for the purpose of Adjudicating all
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424505
EUREKA DISTRICT
disputes, that may arise concerning claims in the District, and the award of such Court of Claims shall be recorded and exe- cuted as provided by the laws of Eureka District. No other work appearing Meting was adjourned sine Die
Attest N.D. Haskell Secty L. Hamilton Pres.
LAWS APPROVED MAY 9, 18601
At a meeting of the citizens of Eureka District, held in Central City on the 2nd day of May, 1860, at four o'clock P. M., a Committee, consisting of Geo. W. Brizee, Geo. H. Good- win, J. F. Mitchell, Wm. T. Wilborn, and Thos. Smith, was ap- pointed to codify and amend the Laws of said District, and to report the said Laws so codified and amended, at a meeting to be held at the store of H. G. Otis, on the 9th inst at seven o'clock P.M.
In accordance with the duties imposed upon them, the Committee report the following Acts, regulating the rights of persons and of property, and the manner in which those rights may be preserved.
AN ACT TO DEFINE THE BOUNDARIES OF EUREKA DISTRICT
Section 1. Be it enacted by the citizens of Eureka Dis- trict, in convention assembled, That the boundaries of Eureka District shall be known and defined as follows-to wit:
Bounded on the North by Chase's Creek, on the East by Gregory District, on the South by New Nevada District, and on the West by the middle branch of Clear Creek.
Sec. 2. Be it further enacted, That no change shall here- after be made in the boundaries of this District without the con- sent of its citizens as hereinafter enacted.
Sec. 3. Be it further enacted, That if any persons shall wish to change the boundaries of this District, or erect another within the same, or annex any territory before that time, not
1 Eureka District, Laws approved May 9, 1860. Denver. 1860. The pamphlet was found among the Sayre Papers. A mutilated copy is owned by the State Historical and Natural History Society.
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GILPIN COUNTY RECORDS
belonging thereunto, a public mecting of the citizens of this Dis- trict shall be called, and ten days notice given of the same by posting twelve notices of said meeting in as many conspicuous places. If the petition for a new District, or change of boun- dary applied for in this District, be granted, it shall not take effect for ten days thereafter.
Approved, May 9th, 1860.
AN ACT DEFINING CLAIMS AND REGULATING THE TITLE TIIERETO
This act was borrowed almost in its entirety from the Greg- ory law of the same title approved in that district on February 18, 1860. It seems desirable merely to indicate the slight varia- tions and to print the sections which show distinct differences. As the Eureka law was printed, the errors in spelling and gram- mar which appear in the Gregory law were eliminated by the printer. A slight variation appears in Section 2; in the Eureka law a gulch claim was one hundred by fifty fcet, instead of a hundred feet following the meanderings of the gulch and ex- tending from bank to bank. Sections 1, and 3-8 are identical. Section 9 is as follows :
Be it further enacted, That all pre-emption claims which have been, or may be taken up before the first day of July next, need not be worked until that date, provided, however, that the person who so has, or shall take up a claim as aforesaid, shall file with the Recorder for record, a statement thereof wherein he shall describe the claim.
Sections 10-14 are identical. Sections 15 and 17 of the Gregory law are omitted in the Eureka law. Section 15 of the Eureka law corresponds to Section 16 of the Gregory law, Sec- tion 16 to Section 18, Section 17 to Section 19, and Section 18 to Section 20. Section 19 of the Eureka law varies materially from the corresponding Section 21 of the Gregory law.
Sec. 19. Be it further enacted, That no person or persons shall be allowed to mine under any building, or other improve- ment unless he first secures the parties against all damages ex- cept by priority of title.
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EUREKA DISTRICT
Sections 20-23 of the Eureka law correspond to Sections 22-25 of the Gregory law. Section 24 of the Eureka law is a new provision.
See. 24. Be it further enacted, That all building lots which have been or may be taken up before the 1st day of July need not be improved until that date, provided, however, that the person who has or shall take up a lot as aforesaid shall file with the Recorder for record a statement thereof, wherein he shall describe the situation of the same.
Approved, May 9, 1860.
AN ACT IN RELATION TO THE OFFICERS OF EUREKA DISTRICT, THEIR DUTIES, TERM OF OFFICE AND FEES
Seetions 1-5 are the same as Sections 1-5 of the correspond- ing Gregory law, Seetion 6 shows a distinet variation.
Sec. 6. Be it further enacted, That the fees of the Re- eorder shall be one dollar for each elaim recorded, and one dollar for each deed or instrument in writing not exceeding 100 words, vith 50 cents extra for each additional 100 words, and such other fees for District business as the citizens may allow. All fees shall be payable before filing.
Seetions 7-9 are identical. Section 10 and 11 of the Eu- reka law do not appear in the Gregory law.
Sec. 10. Be it further enacted, That the Judge of the miners' court shall have full probate jurisdiction within this District.
See. 11. Bt it further enacted, That the President, Judge and Recorder shall each be required to give good and sufficient security in the sum of $500; the bonds of the Judge to be approved by the President, and the bonds of the President and Recorder to be approved by the Judge.
Approved, May 9th, 1860.
AN ACT ESTABLISHING A MINERS' COURT AND REGULATING ITS JURISDICTION
Seetion 1. Be it enacted by the citizens of Eureka Dis- trict, in convention assembled, That a regular term of a court, to
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GILPIN COUNTY RECORDS
be known as the Miners' Court, shall be held in this District, in some convenient and proper place, upon the first Saturday of each month, and all writs to be made returnable at said term, shall be served before the Wednesday next preceding. Nothing herein contained shall be so construed as to prevent the trial of criminals at any time.
Sec. 2. Be it further enacted, That if any person shall wish to commence a suit for the recovery of any claim within two weeks after the regular term of said Miners' Court has com- menced, a special term of said Court may be held to try said cause.
Sec. 3. Be it further enacted, That the officers of said Court shall consist of a Judge, a Clerk, the Sheriff of Arapahoe County and his deputies.
Sections 4 and 5 correspond respectively to sections 3 and 4 of the corresponding Gregory law. Section 6 contains new material.
Sec. 6. Be it further enacted, That the Miners' Court shall have equity, as well as law jurisdiction, and may grant writs of injunctions upon motion, in all proper cases, and all other motions upon proper cause shown, to be supported by affi- davits alone, and do all such other acts as a Court of Equity has power to do.
Sections 7 and 8 are the same as sections 6 and 7 of the Gregory law, but section 9 shows variations.
Sec. 9. Be it further enacted, That the jury for each term of Court shall be drawn upon the Saturday next preced- ing each term, in the following manner: the Sheriff, or his dep- uty, shall place the names of fifty good and substantial men in a box, prepared for that purpose, and the Judge of the Court, or the Clerk thereof, shall draw therefrom the names of eight- een men, who shall be summoned to act as grand and petit jur- ors, for the next succeeding term of Court. When necessary the Sheriff may summon talismen, but no person shall serve as jur- ors for two successive terms of Court.
Approved, May 9th, 1860.
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EUREKA DISTRICT
AN ACT IN RELATION TO THE PRACTICE IN THE MINERS' COURT
This act is practically the same as the law of Gregory Dis- trict with the exception of section 9 and the addition of section 16.
Sec. 9. Be it further enacted, That no cause shall be con- tinued unless upon affidavit of a party or his attorney, or of the absence of a material witness, whose evidence is material to the issue, which he shall state as he believes he can prove by said witness, 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.
Sec. 16. Be it further enacted, That in all suits, either in law or equity, the order of publication shall be allowed.
Approved, May 9th, 1860.
AN ACT RELATING TO TRIAL AND ITS INCIDENTS
This act is the same as the Gregory law with the exceptions of Sections 3 and 11 and a slight change in the order of sec- tions.
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 the rate of two dollars for each juror, and in cases of Change of Venue found out of the District three dol- lars, who shall try the cause, 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 for, the cause shall be tried by the Court.
Sec. 11. Be it further enacted, That witnesses fees shall be, in all cases, three dollars for each day, and twenty-five cents mileage.
Approved, May 9th, 1860.
AN ACT IN RELATION TO LEVY AND SALE UPON EXECUTION Section 1. Be it enacted by the citizens of Eureka Dis- trict in Convention assembled, That there shall be exempt
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GILPIN COUNTY RECORDS
from levy and sale upon execution, all tools for mining, bed- ding, clothing, cooking utensils, and necessary provisions for three months, and in case of a man residing with his family a dwelling house not exceeding five hundred dollars in value and such articles of household furniture as are strictly neces- sary.
AN ACT RELATING TO CRIMES AN AND NUISANCES.
This act corresponds to the Gregory law with the exception of Section 5. The Eureka act was approved May 9, 1860.
Sec. 5. Be it further enacted, That after any conviction for a nuisance in said Miners' Court, if the said nuisance is allowed to remain for twenty-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 twenty-four hours after a conviction, as hereinbefore provided in this act.
AN ACT CONTAINING GENERAL PROVISIONS FOR THE GOVERNMENT OF EUREKA DISTRICT
Section 1. Be it enacted by the citizens of Eureka Dis- trict in Convention assembled, That the Judge of the Miners' Court shall pay over each week, to the Treasurer of the District, all monies he may collect from judgments in favor of the Dis- trict, contempts of court, and fines of every kind; and the Treasurer shall not pay the same out to any person, unless upon the vote of the miners, given at some meeting legally called.
Sec. 2. Be it further enacted, That the President or the Judge of the Miners' Court may call a public meeting at any time either of them may deem the same necessary, by giving forty-eight hours notice, and by posting three notices in as many conspicuous places in the District.
Sec. 3. Be it further enacted, That no timber for building purposes, or cordwood, shall be allowed to be cut and carried out of this District under a penalty not exceeding one hundred dollars for each offence; but any timbers that are already got out may be removed.
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EUREKA DISTRICT
Sec. 4. Be it further enacted, That when one Lode crosses another, the owner of the claim first taken up shall not be entitled to any portion of the Lode that crosses his claim, except in his shaft or drift, by virtue of the width of his claim, but the first claimant to the ground shall not in any case be im- peded in his work by the owner of the claim on the Lode which may cross it.
Sec. 5. Resolved, That until the District shall be able to build a Court House for the transaction of public business, the Recorder shall be authorized to hire a suitable room for the transaction of public business, and for the trial of causes. The sum of two dollars shall be allowed, to be taxed with the costs of such suit, for the use of said room for each trial, but all pub- lic meetings of the miners shall be held without charge.
Approved, May 9th, 1860.
PLEASANT VALLEY NUMBER 10 DISTRICT
LAWS AND MINUTES OF SEPTEMBER 3, 18591
This indenture made and entered into this 3rd day of Sept. 1859 between and by the miners of Pleasant Valley Dis- trict No. 10.
Section 1st Our officers shall consist of a President, one Recorder one Stake-Master and shall be elected annually and hold their office until their successor is elected. It shall be the duty of the President to preside at all meetings, to decide all points of order, to put all motions and determine the vote on the same, and act as Judge in Case of trial. It shall be the duty of the Recorder to keep a correct record of the proceedings of all meetings and to record claims, to furnish a book in which such Record is made, and in case of Vacation to leave said book with the President of the District, or the Recorder in Denver.
Section 2nd No miner shall hold more than one Gulch or Ravine Claim and one Mountain or lode Claim except by pur- chase or discovery, and in case of purchase the same shall be asserted by at least two disinterested witnesses and shall be re- corded by the Recorder within five days after the sale.
Section 3rd No claim shall be good or valid, unless it is staked and the name of the owner correctly written thereon.
Section 4th And when claims are held by Companies the name of each member must appear.
Section 5th All claims shall be worked within ten days after the time they are staked off, in case they are in a Condi- tion to be worked, otherwise forfeited: discovery claims ex- epted, also purchased claims exepted.
1 The manuscript was found among the Teller Papers. On the first page the title reads: "Code of Laws of Pleasant Valley District No. 10 with all the Additions and Amendments up to October 30, 1860. Engrossed by Ben. Dittes, Esqr." The laws were copied originally by J. Curry. An- other copy of the laws of September 3, 1859, was found in Pleasant Valley Number 10 District, Records.
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PLEASANT VALLEY NUMBER 10 DISTRICT
Section 6th Be it Resolved that all claims now held by miners shall be good and valid by recording them, before leay- ing said mines, or within six days after quitting work thereon, until the 20th Day of June 1860.
Section 7th And be it known, all persons purchasing claims by recording, shall hold said claims; And all claims under the old and first law of the District shall be held and valid to the owner, or owners as when first laid.
Section 8th No gulch claim shall contain more then one hundred feet in length, and from bank to bank if it does not contain more than 150 feet, and in case the Gulch contains more than 150 feet in width, claims shall contain 100 feet in width and also each claim shall be entitled to an equal fall of water.
Section 9th In case of difficulty between Miners or other persons, it shall be settled by a Jury of three or six disinter- ested Miners and in case of dissatisfaction they may take an appeal to the miners in general.
Section 10th All claims shall be recorded for the sum of fifty cents.
Section 11th All claims shall be staked, numbered and de- scribed with the name of the owner thereon for the sum of twenty five cents per claim, commencing at the lower end of the District.
Signed : E. G. Bartlett, President.
LAWS AND MINUTES OF MAY 19, 1860
Pursuant to a call by Charles Shetler Esq. Pres. of Pleas- ant District No. 10 for a meeting of the miners of said district at the mouth of Lake Gulch on the 19th day of May A. D. 1860 at 10 o'clock A.M. The meeting was called to order by the president and Frank M. Cobb was chosen Secretary, whereupon the call for the meeting was read by the Secretary, followed by a brief statement of the object of the meeting by the President upon which the following business was transacted: On Motion of A. J. Monroe Esq. a Committee of three was appointed to revise laws and prepare inatter for the action of the meeting
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GILPIN COUNTY RECORDS
and after a motion of B. F. Chase, to question each member of said Connnittee upon their nomination was laid upon the table, Messrs A. J. Monroe, R. H. Montgomery and Mason were chosen as said committee. The meeting then, on motion, pro- ceeded by ballot to elect a Judge PRO TEM, to try certain cases wherein it was urged that the present Judge is supposed to be an interested party, the result of which was that Terril Esq. recieved 103 votes and his competitor, S. Shaeffer Esq. 96, whereupon Terril Esq. was declared duly elected said Judge .-
On motion the meeting now adjourned until 6 ocl. P.M. to hear and act upon the report of the committee, at which hour the meeting reassembled and was again called to order by Presi- dent Chs. Shetler, when the committee by their Chairman Mr. Monroe, made a majority report to the meeting, which was followed by a minority report presented and read by Mr. Mason, the substance of which was embodied in the form of an act or section which he and his friends wished to have adopted in lieu of the 19th Section of the majority Report. Then on motion followed a vote on the adoption of the Majority report, each sec- tion of which was read and acted upon separately, and after some alterations and amendments was adopted. At the reading of the 19th Sect. the friends of the minority report by motion brought up said report as a substitute, which was lost. Yeas 34-Nays 55-upon which the meeting proceeded to elect a justice of the peace -- which resulted in the election of R. H. Montgomery Esq, by acclamation.1
1 The following statements were found in Pleasant Valley Number 10 District, Records :
This is to Certify that R. H. Montgomery Was Elected Justice of the Peace of Plasant Valley district No 10 on the Evening of the 19th day of May A. D. 1860 by Aclimation or by a unanimous vote of the miners of the above district this the 21st day of May AD. 1860
Charles Shetler Pres F Howard Recorder
May 22nd 1860
Oath of office
I Sollemley Sware that I Will perform the Duties of Justice of the pace in plasant Valley district No 10 Without favoor or affection or pregdice or Mallice to any person or persons So help me God Attest
Charles Shetler Pres
R. H. Montgomary
F Howard Recorder
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PLEASANT VALLEY NUMBER 10 DISTRICT
On motion, the committee who drafted the laws was re- quested. to copy them for publication. And a resolution was passed that they take effect from and after their passage. The meeting then on motion adjourned s. d.
Frank M. Cobb Acting Secretary.
C'his. Shetler President.
Section 1. Resolved that for the settlements of difficulty between Miners, and for the purpose of preventing and settling the same, there shall be an annual meeting or election held by the miners and citizens of Pleasant Valley District No. 10, on the first Monday of September in each year for the purpose of elect- ing a President, Justice of the Peace, Recorder, Stake-master, and Constable or Sheriff in said district.
2nd It shall be the duty of the President to preside at all meetings of the District, and to act as Judge of the Supreme Court of said Dist. This Court shall try appeals from the court below, either with or without a jury, but if either of the parties demand a jury it shall be granted. Said jury shall consist of twelve residents of the Dist. a Venir for which shall issue from this court and the panel be summoned by the Sheriff or Const. The Decision of this court shall be final. When any person or persons are aggrieved in regard to any difficulty which may arise between parties he or they may file with the J. P. a statement of his grounds of complaint, but the Plaintiff shall not be al- lowed to proove anything which is not set up in his pleadings or notice, which shall also have the name of the party or parties complained of, and a prayer that they may be summoned and answer within not less then two or more then five Days, from the date of the summons, thereupon the J. P. shall issue a sum- mons to the adverse party to appear and answer, and if they fail to appear will be taken as true, and judgment rendered accord- ingly. In case of suit for title to claims the party winning or gaining the suit shall be entitled to a writ of Ejectment which shall be served by the Sheriff or Constable, putting the winning party in possession, but if he or they appear and answer and either of the parties demand a Jury, said Jury shall consist of six Residents of the District and may be summoned in the same
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