Early records of Gilpin county, Colorado, 1859-1861

Name: Early records of Gilpin county, Colorado, 1859-1861
Author: Marshall, Thomas Maitland

Marshall, Thomas Maitland

Early records of Gilpin county, Colorado, 1859-1861

Marshall, Thomas Maitland · 1920 · Historical

xvi, 313 p. 22 1/2 cm

Public-domain full text preserved in the Mountain Man Mining Library. Original source: archive.org.

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Early records of Jllpiii Co . , — Gbl,

Southern Branch of the

University of California

Los Angeles

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University of Colorado

Historical Collections

JAMES F. WILLARD Editor

Volume II

Mining Series

Volume I

5 3 S 2

Early Records

of

Gilpin County, Colorado

1859-1861

Edited by THOMAS MAITLAND MARSHALL, Ph.D.

Astocitte Professor of Historjr

in the

University of Colorado

Boulder

The W. F. Robinson Ptg. Co. Denver, Colo.

F ,

Introduction

Discoveries Of Gold Before The Great Rush Of 1859

Many years before Americans entered the Rocky Mountain region, the Spaniards discovered mineral de- posits within what is now the State of Colorado. In 1761 Juan Maria Rivera, pushing northward from New Mex- ico, visited the neighborhood of the junction of the Gun- nison and Uncompagre rivers. Governor Capuchin of New Mexico, during his second administration (1762- 1767), sent explorers to the same region and mines were developed. At present we know but little of Spanish mining on the eastern slope of the Continental Divide, but diggings which antedate the American period are silent witnesses of the early presence of the Spaniard.

During the first half of the eighteenth century, the French pushed up the western tributaries of the Missis- sippi River, and in 1739 succeeded in penetrating to Santa Fe. In later years several French expeditions reached the Spanish settlements. The French heard ru- mors of rich mines in the Rocky Mountains, but appar- ently failed to find the mineral deposits.

After the purchase of Louisiana, many years elapsed before the public became convinced that there were rich ores in the Rocky Mountains. James Pursley claimed to

H. H. Bancroft, History of Arizona and Neio Mexico, 258 ; History of Nevada, Colorado, and Wyoming, 339.

' Investigations which are now in progress at the University of Califor- nia may clear up the mystery.

' Herbert E. Bolton, "French Intrusions into New Mexico, 1749-1752." in The Pacific Ocean in History (H. Morse Stephens and Herbert E. Bolton, eds.), 389-407; Jerome C. Smiley, Semi-Centennial History of the State of Colorado, I, 194-200.

viii INTRODUCTION

have found gold on the head waters of the South Platte, but Pike's report of the discovery attracted but little attention.

The first known party of prospectors to go from the frontier settlements to the Rocky Mountains went from Missouri in 1827. The party of twenty-five Missourians headed by James Cockrell went to search for a silver mine which the leader claimed to have discovered the previous year. They reached the Raton Mountains, but failed to find the mine,

Trappers and traders during the 30 's occasionally found traces of gold, but no mines were opened by them, nor did their discoveries cause people to search for the precious metal.

During the summer of 1835 Colonel Henry Dodge led three companies of dragoons to the Rocky Mountains with the object of establishing peace with and among the tribes along the South Platte and the upper Arkansas, In the foothills east of Pike's Peak, Dodge "found a number of fine specimens of mineral of different species . . , on the banks and in the beds of the small creeks," Whether or not these specimens showed gold or silver the report fails to enlighten us.

During 1841-1844 Rufus B, Sage was hunting, trap- ping, and trading in the Rocky Mountains, a large part of his time being spent within what is now Colorado. In 1846 he published an excellent account of his adventures in which there are numerous statements regarding the presence of precious metals in the Rockies, He stated

' Zebulon Montgomery Pike, Expeditions (Elliott Coues, ed.), 758.

Alexander Major, Seventy Years on the Frontier, 32-40.

° Josiah Gregg, Gom-merce of the Prairies, in Early Western Travels (Reuben Gold Thwaites, ed.), XX, 243; Rufus B. Sage, Scenes in the Rocky Mountains, 64-65.

H. Ex. Docs., 24 Cong., 1 Sess., IV, Doc. 181, p. 22.

INTRODUCTION ix

that gold had been found in Horse Creek/ m the Medi- cine Bow Kange, and in the Black Hills of southeastern Wyoming. He said that the Arapahoe Indians inhab- ited the country- bordering upon the South Platte and the Arkansas rivers and that the region was rich in gold and silver, On the headwaters of the Kansas River he saw formations which showed '' certain indications of gold." The statements of Sage did not attract the gold seeker, and not until a decade after the discovery of gold in Cali- fornia, did the public seize with avidity upon the possibil- ities of fortune in the Eockies.

William Gilpin, the first territorial governor of Colo- rado, made three trips into the Far West during 1844- 1849, and became convinced that the Pike 's Peak Country was rich in precious metals. Various reports that gold existed in the Eocky Mountains came from trappers and emigrants during 1848-1852, but the lure of California called the adventurous and the Colorado deposits re- mained buried in the mountain fastnesses."

The Gold Eush

It was the panic of 1857 which led directly to the development of the Pike's Peak Country. Many a man lost his fortune during the financial depression of 1857 and 1858.'* Eeports of discoveries of the precious metal began to filter into the frontier settlements and soon the newspapers were filled with glowing reports of the New Eldorado, raising new hopes in many who were facing ruin.

Sage, Scenes in the Rocky Mountains, 64. 'Ibid., 131.

'Ibid., 133.

*Ibid., 166.

'Ibid., 276.

'William Gilpin, Mission of the North American People, 178, 180-181.

' Smiley, Hemi-Centennial History of the State of Color-ado, 1, 202-203.

Frank Hall, History of the State of Colorado, I. 173-174.

X Introduction

By the summer of 1858 two groups of gold seekers had made their way to Colorado. One of these groups was made up of Georgians and Cherokees, and was headed by William Green Russell. They entered Colo- rado by way of the Santa Fe Trail. Most of them moved northward, and on June 24 camped at the mouth of Cherry Creek. Discouraged by unsuccessful prospecting, several of the party returned to their homes, but thirteen men remained and continued prospecting. On June 30 five or six dollars' worth of gold was washed from the sands of the South Platte and a few days later a good strike was made on Little Dry Creek.

An emigrant named Cantrell, returning from Salt Lake City, carried some of the Dry Creek silt to the fron- tier town of Westport. This gave rise to exaggerated stories regarding the richness of the Pike's Peak Coun- try. After taking a trip into North Park, members of the Russell party prospected the creeks as far north as the Cache la Poudre River. Winter quarters were estab- lished near the mouths of Cherry Creek.

The second group was the ''Lawrence Party," which left Lawrence, Kansas, and followed the Santa Fe Trail into Colorado. Their first prospecting was in the neigh- borhood of Pike's Peak. From there they moved to the Sangre de Cristo Creek, where they heard of the success of the Russell Party. They determined to move to the South Platte. There they found enough gold to encour- age most of them to spend the winter in Colorado. Those

The best accounts of the gold rush to Colorado are to be found in Smiley, Semi-Centennial History of the State of Colorado, I, 208-294; Ban- croft, History of 'Nevala, Colorado, and Wyoming. loJfO-1888, pp. 363-400; Frank Hall, History of the State of Colorado, 1, 228-261; Wilbur Fisk Stone, History of Colorado, I, 228-261; Ovando J. Hollister. The Afines of Colorado, 59-130. The critical historical worker will find them rather un- satisfactory.

IXTRODUCTIOX xi

who returned to Kansas showed a sufficient amount of gold to cause excitement in the settlements.

Before the end of 1858 several parties from Missouri, Kansas and Nebraska made the long trip across the plains. Most of them wintered in the neighborhood of modern Denver, but some of them went to the mouth of the Fountain River where Pueblo now stands ; others to the site of Boulder, and others elsewhere.

The "Lawrence Party" in September organized the Montana Town Company. The site selected did not prove to be satisfactory and some of the party moved to the east side of the mouth of Cherry Creek, where they founded Charles City. A rival town called Auraria soon sprang up on the west side of the creek. A party from Lecompton and Leavenworth arrived at Auraria in No- vember and organized the "Denver City Town Com- pany," naming it after Governor Denver of Kansas. The Denver Company included in its plat lands of the St. Charles Company. Newcomers continued to arrive, and Denver and Auraria soon became towns of considerable size. Prospecting continued during the late fall and win- ter, and settlements were begun which eventually devel- oped into Boulder, Colorado City, and Pueblo.

Exaggerated tales of the richness of the Pike 's Peak Country appeared in the eastern newspapers during the winter, and early in 1859 a great rush began. Most of the goldseekers came up the Platte or Arkansas, but many followed the difficult trail up the Smoky Hill. Prob- ably a hundred thousand people came to Colorado in the spring of 1859. Many were grievously disappointed, and about forty thousand returned to "the states" before the summer was over.

xii INTRODUCTION

Fortunately gold was found in paying quantities. The first important strike was made at Gold Hill (Boul- der County). A more important one was made near the site of Idaho Springs (Clear Creek County), by George A. Jackson, and near Central City (Gilpin Coun- ty) John H. Gregory found gold. The discoveries by Jackson and Gregory pointed the way and thousands of men began to stake claims along Clear Creek and its trib- utaries. Others began prospecting and staking claims along Boulder Creek and its tributaries. Congested con- ditions and the fact that many prospectors were unsuc- cessful led to the search for other fields. The South Park mines were opened ; Tarryall Creek, the Fairplay region, and the Blue River country were soon producing gold. In 1860 the mining area was considerably enlarged by the discovery of 'pay dirt" on the Arkansas River about twenty-five miles below modern Leadville, and near the headwaters of the river. Placer mining reached its zenith in 1860, and after that steadily declined, and not until the Hill process of treating refractory ores was perfected did mining activities develop greatly. At the end of 1860 the white population did not exceed 35,000. The first census of the Territory of Colorado was taken in the summer of 1861 and showed a population of 25,329.

Governmental Organization

When the gold rush began the Pike's Peak Country fell within the Territories of Kansas and Nebraska. The region east of the Continental Divide and south of the fortieth parallel was within the Territory of Kansas, and the territory north of the fortieth parallel and east of the summit of the Rocky Mountains fell within the bound-

' The Colorado City Journal, August 1, 1861. The only copy of thia paper known to exist is the property of Jesse S. Eandall of Georgetown and is now In the keeping of the University of Colorado.

INTRODUCTION xiii

aries of Nebraska. The principal mining camps were in Arapahoe County, Kansas, a county which had never been fully organized.-

It became e4dent to the settlers that they were too far from the settled areas of Kansas to obtain the bene- fits of its established government. Before the close of 1858 men at Auraria conceived the idea of asking Con- gress for a territorial organization. On November 6 Hiram J. Graham was elected delegate to Congress. Upon his arrival at Washington he found that a bill had been introduced to organize the ''Territory of Colona" in the Pike 's Peak Country. Another bill was also pushed for- ward to organize a. temporary government for the "Ter- ritory of Jefferson." Neither bill passed.

The Pike's Peakers took steps to get in touch with the Kansas government by electing A. J. Smith to repre- sent them. In February, 1859, the Kansas Assembly abol- ished Arapahoe County and created five counties in its place.

The settlers foresaw the necessity of immediate pro- vision for maintaining law, order, and property rights, and accordingly took matters into their own hands. In April, 1859, a convention was held at Auraria which re- solved that the ''State of Jefferson" be created. The boundaries as laid down by the convention embraced a larger area than the present State of Colorado, includ- ing portions of the modem States of Nebraska, Wyo- ming, and Utah as well as Colorado, about 177,000 square miles in all.

' Henry Gannett, Boundaries of the United States and of the serral States and Territories, H. Docs., 58 Cong., 2 Sess., Doc. 678, pp. 126-127; Organic Acts for the Territories of the United States, Sen. Docs., 56 Cong., 1 Sess., Doc. 148, pp. 119-136.

Frederic L. Paxson, "The Territory of Colorado," in The American Historical Review, XII, 55; Helen G. Gill, "The Establishment of Counties in Kansas," in Kansas Historical Collections, VIII, 452.

xiv INTRODUCTION

On June 6 delegates met in Denver for the purpose of drawing up a constitution, but the convention ad- journed before its work was completed. A sentiment favoring a territorial organization soon developed. The convention, which came together on August 1, completed a state constitution and submitted to the voters the ques- tion of whether the new government was to be that of a state or a territory. On September 5 the people voted in favor of territorial government, and October 10-12 a con- vention perfected a provisional government for the Ter- ritory of Jefferson. Many people believed that the Ter- ritory of Jefferson was illegal and an election was called to elect officers under the laws of Kansas. Captain Rich- ard Sopris was elected a representative and eventually took his seat in the Kansas Legislature. The real gov- ernment of the Pike's Peak Country, however, was admin- istered under the laws of the Territory of Jefferson, al- though many transactions were conducted in accordance with the laws of Kansas. The Territory of Jefferson existed until superseded by the Territory of Colorado, which was created by act of Congress on February 28,

As soon as the miners began to penetrate the moun- tains, they found it necessary to establish local govern- ments. They took matters into their own hands, laid off mining districts, organized governments, and enacted laws. Little attention has been paid to this phase of Colo- rado history. It has been the belief of most investigators that the records of the districts could never be recovered, and historians have been content to draw their conclu- sions mainly from five printed laws which belong to the Colorado State Historical and Natural History Society,

' Paxson, "The Territory of JefTerson : A Spontaneous Commonwealth," in University of Colorado,' Studies, III, No. 1, pp. 15-18; Smiley, Semi- centennial History of the State of Colorado, I, 327-362.

INTRODUCTION xv

and from the records edited by Clarence King and pub- lished by the Census Office in 1885, entitled, The United States Mining Laws mid Regulitions thereunder, and State and Territorial Mining Laws, to tvhich are ap- pended local Mining Rules and Regidations}

An examination of the contents of the vaults in the offices of the county clerks of Gilpin, Clear Creek, and Boulder counties brought to light a great mass of docu- ments of 1859-1861. Transcripts of the laws and minutes of the miners ' meetings have been made and are now ac- cessible at the University of Colorado.

These have been supplemented by documents ob- tained from Mr. Jesse S. Randall, the editor of The Georgetown Courier, from the papers of Senator Teller and of Mr. Hal Sayre of Denver, and by excerpts from The Rochy Mountain Neivs, the principal contemporary Colorado newspaper.

The documents are so numerous and voluminous that it has not been possible to publish them all at this time. The present volume is confined to Gilpin County. As far as possible the documents of each district are arranged in chronological order, and the districts follow the order of their organization. A faithful attempt has been made to preserve the spelling and punctuation of the originals, no matter how weird the effect. The map, which is printed as the frontispiece, was drawn from a rare old map which hung in the Office of the County Clerk of Gil- pin County.

The compiler of this volume is especially grateful for courtesies extended to him by the county clerk of Gil-

' //. Misc. Docs.. 47 Cong., 2 8es9., XIII. Pt. 14. Doc. 42. Tlu" Colorado lawH and regulations cover pp. .340-4!)4, and include tlio partial records of six districts in (iilj)in County.

2 Thomas Maitland Marshall, "The Miners" Laws of Colorado." in The American Historical RerAeu:, XXV, 426-439.

xvi INTRODUCTION

pin County, Frank G. Moody ; by F. A. Maxwell, the dep- uty county treasurer, L. A. Hafer, the county clerk, and George D. Criley, the deputy clerk, of Clear Creek Coun- ty ; and by Francis Beckwith, the county clerk of Boulder County. Members of the staff of the State Historical and Natural History Society have done all in their power to give assistance. Professor James F. Willard aided materially in obtaining the Sayre and Teller papers and gave much valuable time in editorial assistance. I am especially grateful to Mr. Hal Sayre of Denver, to the heirs of Senator Teller, and to Jesse S. Randall of Georgetown for materials which they generously gave to the University, and to Victor I. Noxon, editor of The Boulder County Miner, for many useful suggestions.

Financial assistance which made the investigation possible was given by the Supervisors of Gilpin County, by Charles Loughridge of Denver, and by the following citizens, banks, and business houses of Boulder : John A. McKenna, William Loach, AVarren F. Bleecker, Charles F. Linsley, Robert Sterling, J. W. Valentine, J. E. Kirk- bride, J. P. Maxwell, John Armstrong, Boulder National Bank, Buchheit and Graham, The Hub Stores Company, and Professor R. D. George.

Gregory District

Mass Meeting, Gregory'S Diggings.

The first mass meeting ever held in the Rocky Mountains, assembled at the Gregory Digging-s, on Tuesday evening the 8th inst. [June 8, 1859]. Between two and three thousand miners were present, although only a few hours verbal notice of the meeting had been given. Judge H. P. A. Smith was called to the chair.

Hon. Horace Greeley, the first speaker, was received with three cheers. He alluded to the cheering indications he had seen during the day, in examining the mines and sluices. He had always had a suspicion — from which he was not yet entirely free — that these mines would not prove equal in richness to those of California ; but in view of the great discoveries of the last five weeks, there was evidently a vast future before this region. It was by no means probable that all the gold of the Eastern slope was confined to this little area of seven or eight miles. He advocated the formation of a new State, and trusted that one might be made and brought into the Union without going through the troublesome and undemocratic form of a Territorial organization. He spoke at length, of the peculiar temptations towards drinking, gaming, etc., to which the miners were subjected, and urged them to steadfastly avoid them ; to look to untiring industry instead of speculation for their accum- ulations ; to maintain good order, and to live as the loved ones they had left at home — the brothers and sisters, fathers and mothers, wives and children — would wish; that when they re- turned they might carry with them the reward of their labors. If a gambler, after being warned not to do so, should persist in coming among them, he advised putting him on a good mule,

Rocky Mountain Neirs, June 18, ISfjO, i). 1. Other accounts of the trip of Greeley and Richardson may be found in Horace Greeley, An over- land Journey from New York to Han Francisco, and in Albert D. Richard- son, Beyond the Mississippi.

2 Gilpin County Records

headed out of the mountains, and asking him if he would not like to take a ride? (Laughter and applause.) He should in a few days go hence to Salt Lake and California, and it was one purpose of this trip, to do what he could to hasten the con- struction of the Pacific Railroad, which ought to have been built long ago (loud applause). When Mr. Greeley retired three rousing cheers were given for him.

B. D. Williams Esq., acting Superintendent of the Express Company, was called out and made a few remarks. He stated that he had come through from Leavenworth to Denver City in six days and twenty-three hours ; that Eastern letters to and from Denver would hereafter be brought by the U. S. Mail at the legal rates ; that a charge of but twenty-five cents would be made by the Company for taking letters between Denver and the Diggings ; that Jones & Russell — whose names were types of magnanimity throughout the West — had large supplies of pro- visions on the road, which they proposed to sell here at fair, not extortionate prices (Cheers).

Judge Smith, in response to the call of the meeting, spoke of the flattering prospects of the mines, and the rich treasures in the gulches and ravines of the mountains that were now open- ing. He advocated, earnestly, the movement for a new State. We were 700 miles from the Kansas seat of government; a min- ing region required laws radically different from an agricultural one; it was impossible, as at present situated, to secure the prompt and legal administration of justice. The new State he trusted, without going through the chrysalis condition of a terri- tory— was to spring fully matured into existence, like Minerva from the brain of Jove — and here, in its proper position, on the apex of the Rocky Mountains, was to be the real Keystone State of the Union (vehement applause). He understood that the Kansas Legislature had appointed Commissioners to lay out new counties and locate the county seats here, for which they were to receive each five dollars per day and expenses, not one cent of which was to be paid from the Territorial Treasury, but by the people here. He thought it would be well to carry out Mr. Greeley's idea about the gamblers, and when one of these

Gregory District 3

Commissioners came, to put him on a mule, and give him an invitation to ride out of the country! (Laughter and cheers). A. D. Richardson Esq., was next introduced. A good deal had been said tonight about mules and mule-riding ; now he was a candidate for one of those mule-rides. He was one of the Com- missioners appointed to organize a county here and locate the county seat (laughter). Like the last speaker, he had not ob- jected to coming out under a fat appointment. Five dollars a day and expenses was a good thing. A mule was a good thing too; he didn't happen to own one, and if they presented him with one, should not decline it — in fact, would rather like it (excessive merriment). As for the ride, he could only say: Strike, but hear him ! He reached Denver yesterday ; but in a few hours had become satisfied that here were the elements of a great State, to be developed with wonderful rapidity. He hoped it might become a State in the Union, and escape the ser\'ile and dependent form of a Territory. Interested here in common with all other citizens, he could do nothing to retard that event or to complicate the issues. Therefore, "Montana County" would hardly be organized just yet: and he was pre- pared to sell out his emoluments — cheap (applause). But like the ass who starved between two bundles of hay, he feared he was to lose both the mule and the five dollars a day — which was really melancholy to contemplate. He congratulated the hardy pioneers, who had remained through all obstacles, and now be- gan to be rewarded. He had met many returning emigrants, looking as if they were under a very deep conviction of sin. The late discoveries promised to add a new star to the federal constellation, and to locate the great Pacific Kailroad of the future in this central region — away from the deserts of the South, and the snows of the North. Not many years would elapse before the people of the sea-board would come, for Sum- mer recreation, to these ''mother mountains," and at some sta- tion not far away, Boston and San Francisco, London and Canton, would meet and exchange salutations and newspapers, while their respective trains were stopping for breakfast.

4 Gilpin County Records

(Three cheers were given for Mr. E., and a unanimous vote of approval for his conduct was passed.)

Dr. J. Casto was called out, and in a few remarks urged the miners who had not found paying leads, to push on toward the snowy range, whither an exploring party was going in a few days.

The Meeting then adjourned. It was a stirring sight to see so large an assembly in the Mountains, and was, no doubt, sur- prising to the grizzly bears, who held undisputed sway there six weeks ago.

The Kansas Gold Mines.

We are indebted to the kindness of Mr. Williams, of the Leavenworth & Pike's Peak Express, for the following report from Messrs. Greeley, Richardson, and Villard, which will give satisfaction to the public mind, and at once set at rest the cry of "humbug" reiterated by the returning emigration from this region. The names of the gentlemen sig-ned to this report are sufficient to give it credence without further comment from us ; and the indefatigable exertions of Mr. Williams to get it before the public are commendable.

Denver City, K. T., June 10th, 1859. Gentlemen : — Will you do me the favor to furnish me, for publication, such facts in reference to the Gold Mines, as you obtained upon your recent visit to them, in company with my- self and others? We desire that the facts should be presented to the public as they exist.

Yours respectfully,

D. B. Williams, Agent "Jones & Russell's P. P. Expres. Co."

Messrs. Horace Greeley, of the N. Y. "Tribune" ; A. D. Richardson, of the Boston "Journal" ; and Henry Villard, of the Cincinnati "Commercial."

Denver City, K. T., June 10th, 1859. Dear Sir: — In reply to your favor of this morning, we

Rocky Mountain Netvs, June 11, 1859, p. 1.

Gregory District 5

herewith submit a report, written at the ''Gregory Diggings," of such facts as we witnessed there, and obtained from the lips of the miners. We have endeavored to make it definite and specific as possible, and to give an unbiased statement of the present condition and progTess of the first important gold dis- coveries in the eastern slope of the Rocky Monnt-ains. We de- sire to acknowledge your many courtesies during the trip.

Respectfully, D. B. Williams, Esq. Horace Greeley,

A. D. Richardson, Henry Villard.

Gregorv's Diggings, near Clear Creek, in the Rocky Mountains,

June 9th, 1859.

The undersigned, none of them miners, nor directly inter- ested in mining, but now here for the express purpose of ascer- taining and setting forth the truth with regard to a subject of deep and general interest, as to which the widest and wildest diversity of assertion and opinion is known to exist, unite in the following statement :

We have this day personally visited nearly all the mines or claims already opened in this valley, (that of a little stream running into Clear Creek at this point;) have witnessed the operation of digging, transporting, and washing the vein-stone, (a partially decomposed, or rotten quartz, running in regular veins from south-west to north-east, between shattered walls of an impure granite,) have seen the gold plainly visible in the riffles of nearly every sluice, and in nearly every pan of the rotten quartz washed in our presence; have seen gold, (but rarely) visible to the naked eye, in pieces of the quartz not yet fully decomposed, and have obtained from the few who have already sluices in operation accounts of their several products, as follows :

Zeigler, Spain, & Co., (from South Bend, Tnd.) have run a sluice, with some interruptions, for the last three weeks ; they are four in company, with one hired man. They have taken out a little over three thousand pennyweights of gold, estimated by

6 Gilpin County Records

them as worth at least $3,000 ; their first days work produced $21; their highest was $495.

Sopris, Henderson & Co., (from Farmington, Indiana,) have run their sluice six days in all with four men — one to dig, one to carry, and two to wash : four days last week produced $607 : Monday of this week $208 ; no further reported. They have just put in a second sluice, which only began to run this morning.

Foote & Simmons, (from Chicago:) one sluice, run four days : two former days produced $40 ; two latter promised us, but not received.

Defrees & Co., (from South Bend, Ind.,) have run a small sluice eight days, with the following results : first day, $6Q; second day, $80; third day, $95; fourth day, $305; [the four following days were promised us, but, by accident, failed to be received.] Have just sold half their claim, [a full claim is 50 feet by 100,] for $2500.

Shears & Co., (from Fort Calhoun, oSTebraska,) have run one sluice two hours the first, (part of a) day; produced $30; second, (first full) day, $343: third, (today,) $510: all taken from "within three feet of the surface; vein a foot wide on the surface ; widened to eighteen inches at a depth of three feet.

Brown & Co., (from De Kalb Co., Ind.,) have been one week on their claim ; carry their dirt half a mile ; have worked their sluice a day and a half; produced $260; have taken out quartz specimens containing from 50 cents to $13 each in gold; vein from 8 to 10 feet wide.

Casto, Kendall & Co., (from Butler Co., Iowa,) reached Denver, March 25th; drove the first wagon to these diggings; have been here five weeks ; worked first on a claim, on which they ran a sluice but one day; produced $225 ; sold their claim for $2500 ; are now working a claim on the Hunter lead, have only sluiced one, (this) day; three men employed; produced $85.

Bates & Co. one sluice, run half a day ; produced $135.

Colman, King & Co., one sluice, run half a dav; produced $75.

Gregory District 7

Shorts & Collier, boiieht our claims seven days since of Casto, Kendall & Co., for $2500; $500 down, and the balance as fast as taken out. Have not yet got our sluices in operation. Mr. Dean, from Iowa, on the 6th inst., washed from a single pan of dirt taken from the claim, $17.80. Have been offered $10,000 for the claim.

S. G. Jones & Co., from Eastern Kansas, have run our sluices two days, with three men ; yield $225 per day. Think the quartz generally in this vicinity is gold-bearing. Have never seen a piece crushed that did not yield gold.

A. P. Wright & Co., from Elkhart Co., Ind. Sluice but just in operation; have not yet ascertained its products — Our claim prospects from 25 cents to $1.25 to the pan.

John H. Gregory, from Gordon Co., Georgia. Left home last season, en route for Frazier River, was detained by a suc- cession of accidents at Ft. Laramie, and wintered there. Mean- while, heard of the discoveries of gold on the South Platte, and started on a prospecting tour on the Eastern slope of the Rocky Mountains, early in January. Prospected in almost every val- ley, from the Cache la Poudre creek, to Pike's Peak, tracing many streams to their sources. Early in May arrived on Clear Creek, at the foot of the mountains, 30 miles Southeast of this place. There fell in with the Defrees & Ziegler Indiana Com- panies, and William Fonts, of Missouri. We all started up Clear Creek, prospecting. Arrived, in this vicinity. May 6; the ice and snow prevented us from prospecting far below the surface, but the first pan of surface dirt, on the original Greg- ory claim, yielded $4. — Encouraged by this success, we all staked out claims, found the "lead" consisting of burnt quartz, resembling the Georgia Mines, in which I had previously worked. Snow and ice prevented the regular working of the lead till May 16th. — From then until the 23rd, I worked it five days with two hands, result, $972. Soon after, I sold my two claims for $21,000 the parties buying, to pay me, after de- ducting their expenses, all they take from the claims to the amount of $500 per week, until the whole is paid. Since that time, I have been prospecting for other parties, at about $200

8 Gilpin County Records

per day. — Have struck another lead on the opposite side of the valley, from which I washed $14, out of a single pan.

Some forty or fifty sluices commenced, are not yet in oper- ation; but the owners informs us that their "prospecting" shows from 10 cents to $5 to the pan. As the "leads" are all found on the hills, many of the miners are constructing trenches to carry water to them, instead of building their sluices in their ravines, and carrying the dirt thither in wagons, or sacks. Many persons who have come here without provisions or money, are compelled to work as common laborers, at from $1 to $3 per day and board, until they can procure means of sustenance for the time necessary to prospecting, building sluices, etc. Others, not finding gold the third day, or disliking the work necessary to obtaining it, leave the mines in disgust, after a very short trial, declaring there is no gold here in paying quantities. It should be remembered that the discoveries made thus far, are the result of but five weeks' labor.

In nearly every instance, the gold is estimated by the min- ers as worth $20.00 per ounce, which, for gold collected by quicksilver, is certainly a high valuation, though this is un- doubtedly of very great purity. The reader can reduce the esti- mate if he sees fit. We have no data on which to act in the premises.

The wall rock is generally shattered, so that it, like the veinstone, is readily taken out with the pick and shovel. In a single instance only did we hear of wall-rock too hard for this.

Of the vein stone, probably not more than one-half is so decomposed that the gold can be washed from it. The residue of the quartz is shoveled out of the sluices, and reserved to be crushed and washed hereafter. The miners estimate this as equally rich with that which has "rotted" so that the gold may be washed from it ; hence, that they realize, as yet, but half the gold dug by them. This seems probable, but its truth remains to be tested.

It should be borne in mind that, while the miners here now labor under many obvious disadvantages, which must disappear with the growth of their experience and the improvement of

Gregory District 9

their now rude machinery, they at the same time enjoy advan- tages which can not be retained indefinitely, nor rendered uni- versal. They are all working- ver\' near a small mountain stream, which affords them an excellent supply of water for washing at a very cheap rate; and, though such streams are very common here, the leads stretch over rugged hills and considerable moun- tains, doT\Ti which the vein-stone must be carried to water, at a serious cost. It does not seem probable that the thousands of claims already made or being made on these leads can be worked so profitably in the average as those already in operation. We hear already of many who have worked their claims for days (by panning) without having "raised the color" as the phrase is — that is, without having found any gold whatever. We pre- sume thousands are destined to encounter lasting and utter dis- appointment, quartz veins which bear no gold being a prominent feature of the geology of all this region.

We cannot conclude this statement without protesting most earnestly against a renewal of the infatuation which impelled thousands to rush to this region a month or two since, only to turn back before reaching it, or to hurry away immediately after more hastily than they came. Gold-mining is a business which eminently requires of its votaries capital, experience, energy, endurance, and in which the highest qualities do not always command success. There may be hundreds of ravines in these mountains as rich in gold as that in which we write, and there probably are many : but, up to this hour, we do not know that any such have been discovered. There are said to be five thousand people already in this ravine, and hundreds more pour- ing into it daily. Tens of thousands more have been passed by us on our rapid journey to this place, or heard of as on their way hither by other routes. For all these, nearly every pound of provisions and supplies of every kind must be hauled by teams from the Missouri river, some 700 miles distant, over roads which are mere trails, crossing countless unbridged water courses, always steep-banked and often mirey, and at times so swollen by rains as to be utterly impassable by waggons. Part of this distance is a desert, yielding grass, wood, and water only

10 Gilpin County Records

at intervals of several miles, and then very scantily. To attempt to cross this desert on foot is madness — suicide — murder. To cross it with teams in midsummer, when the water courses are mainly dry, and the grass eaten up, is possible only to those who know where to look for grass and water, and where water must be carried along to preserve life. A few months hence, — probably by the middle of October, — this whole Alpine region will be snowed under and frozen up, so as to put a stop to the working of sluices if not to mining altogether. There then, for a period of at least six months, will be neither employment, food, nor shelter within five hundred miles for the thousands pressing hither under the delusion that gold may be picked up here like pebbles on the sea-shore, and that when they arrive here, even though without provisions or money, their fortunes are made. Great disappointment, great suffering, are inevi- table ; few can escape the latter who arrive at Denver City after September without ample means to support them in a very dear country, at least through a long winter. We charge those who manage the telegraph not to diffuse a part of our statement with- out giving substantially the whole ; and we beg the press gen- erally to unite with us in warning the whole people against another rush to these gold-mines, as ill-advised as that of last spring — a rush sure to be followed like that by a stampede, but one far more destructi'e of property and life.

Respectfully,

Horace Greeley, A. D. Richardson, Henry Villard.

Miners. Meeting.!

At a meeting of the miners of Gregory Diggings on the North Eork of Clear creek, K. T., on the evening of the 8th inst., [June 8, 1859] Wilk Defrees was elected President and Joseph Casto, Secretary.

Rocky Mountain Netvs, June 11, 1859, p. 2. These laws were also printed on a large sheet entitled Laws and Regulations of the Gregory Diggings District. On the printed sheet Sections 10 and 11 were omitted.

Gregory District 11

1st. Resolved that this Mining District shall be bounded as follows: Commencing at the mouth of the North Fork of Clear creek, and following the divide between said stream and Rallston Creek running seven miles up the last named stream to a point knoni as Miners Camp. Thence South West to the Divide between the North Fork of Clear Creek and the South Branch of the Same to place of beginning.

2nd. Resolved that no miner shall hold more than one claim except by purchase or discovery, and in any ease of pur- chase the same shall be attested by at least two disinterested witnesses and shall be recorded by the Secretary and the Secre- tarj shall receive in compensation a fee of one dollar.

3rd. Resolved, that no claim which has or may be made shall be good and valid imless it be staked oif with the owner's name, giving the direction length, breadth also the date when said claim was made, and when held by a company the name of each member shall appear conspicuously.

4. Resolved that each miner shall be entitled to hold one mountain claim, one gulch claim and one creek claim for the purpose of washing, the first to be 100 feet long and fifty feet wide, the second 100 feet up and down the river or gulch and extending from bank to bank.

5. Resolved that Mountain claims shall be worked within ten days from the time they are staked off, otherwise forfeited.

6. Resolved that when members of a company constituted of two or more, shall be at work on one claim of the company the rest shall be considered as worked by putting a notice of the same on the claim.

7. Resolved, each discovery claim shall be marked as such, and shall be safely held whether worked or not.

8. Resolved, that in all cases priority of claim when hon- estly carried out shall be respected.

9. Resolved that when two parties wishing to use water on the same stream or ravine for quartz mining purposes, no

' On the printed sheet the law reads "fifty feet" instead of "from bank to bank".

12 Gilpin County Records

person shall be entitled to the use of more than one half of the water.

10. Eesolved, that when disputes shall arise between par- ties in regard to claims the party agrieved shall call upon the Secretary, who shall designate nine miners being disinterested persons from whose number the parties shall alternately strike off one untill the names of three remain who shall at once pro- ceed to hear and try the case, and should an miner refuse to obey such decision, the Secretary shall call a meeting of the miners and if their decision is the same the party refusing to obey shall not be entitled to hold another claim in this district, the party against whom the decision is given shall pay to the Secretary and referees the sum of $5.00 each for their services.

11. Resolved, that the proceedings of this meeting be pub- lished in the Rocky Mountain News, and a collection be taken up to pay for 100 extra copies for the use of the miners.

Wilk Defree, Pres't. Joseph Casto, See.

Laws Of July 16, 1859

Laws & REGULATioisrs of the Minees of Gregory

Diggings District

Your Committee on the Codification of the Laws of the District beg leave to report that they have Examined the Reso- lutions Submitted to them Since the printed Copy Was posted up but find them So involved and in many cases incompatible that the[y] hereby report a Neiv Code which they recommend Should be passed and that the Original Code be retained with these additions.

1st Resolved, That for the Settlement of differences and the purpose of preventing disputes the Miners of this District hereby Enact; that there Shall be elected in this District by ballot a President a Recorder of Claims and a Sheriff for the term of one year from this date. That the President Secretary

' Gregory District, Book A.

Gregory District 13

and one Assistant to be chosen by the people be tellers of Said Election and that it take place immediately

The above Resolution was passed on the 9th of July, 1859 When Cap R. Sopris was Elected President, C. A. Roberts, Recorder and Chas Peck Sheriff

C. A. Roberts Recorder

2d It Shall be the duty of Recorder to take charge of and Safely keep all records heretofore made by the Secretary and all records made necessary by Law Shall hereafter be made by him

3d All Claims may be Recorded if the owners See fit but no claim which is being worked Shall be obliged to be recorded

4th When any miner has a Lead Claim which it is impos- sible to work to advantage this Season either for want of water or Machinery he may hold the Same until the first of June next, by filing a Statement of the reasons with the Recorder

5th All water claims not used Shall be Recorded within ten days from the claim date or they Shall be considered for- feited

6th All Bills of Sale or Conveyances of Claims Shall be witnessed by at least two disinterested witnesses and Recorded

Tth The books of the Recorder Shall be always open to the inspection of the Public and Shall never be taken from the Recorders hands but any person Shall be entitled to copy any record at any reasonable time

8th All laws relating to trials of disputed Claims are hereby repealed

9th When any person is agrievcd in regard to a claim he shall file with any Commissioned Justice of the Peace or in his absence the President of the Miners Association a Statement of his grounds of Complaint which shall also have the names of the parties complained of and a prayer that they be Summoned to appear and answer. Thereupon the Justice (or President) Shall issue a Summons to the adverse party to appear and an- swer within three days. If he fail to do so the Complaint shall

14 Gilpin County Records

be taken as tnie and Execution issued. If he appear and an- swer the Justice (or President) Shall Summon a venire of nine persons from which each party shall Strike off one until there remains three who shall proceed to hear the Evidence of the par- ties with or without counsel and try the Case Any juror may be challenged for cause Shown Either by his own Evidence or the Evidence of others

Should the party loosing feel agrieved by the dicision he may appeal to a jury of Twelve men by paying cost already ac- crued. Which jury Shall be selected by the Justice (or Presi- dent) and their decision Shall be final

10th The Sheriff Shall have power to Serve ISTotices and Executions and he shall have power to Summon parties put parties in possession of property decided to be by law ; Summon juries and do such Service as a Sheriff in any other place may do, and Shall be entitled to receive double the legal Fees pro- vided by the Statutes of Kansas

11th The fees of the Eecorder Shall be one Dollar for Each Claim Recorded

12th The Justice (or President) Shall be entitled to five Dollars for presiding at Each trial and making out the papers

13th The Jury Shall be Entitled to one Dollar Each per day

14th The defeated party in Each Suit Shall be liable for all Costs of the Suit and the Justice (or President) Shall issue Execution for the Same which Shall be Collected from any property the party So liable may have (Excepting tools bed- dings clothing and necessary provisions for three Months.

15th In any case, either party may call upon the other party to give Security for Costs or the Suit Shall be dismissed if Plaintiff or defeated if Defendent

16th Any person may take up by Eecording forty feet front and one hundred deep for a building Lot but Shall not Secure the Same against being used for mining if found rich Should any person work out the Ground on which a house Stands he Shall secure the house against damage

Gregory District 15

ITtli Any person or company intending to Erect a Quartz Mill may Select a location Two hundred and fifty feet Square which shall be recorded. He may also Claim the right to cut a rac€ from any river to bring watr to the Same and shall hold the water not interfering with any vested rights

IStli The Preemption Laws Established by the citizens of this County Shall be recognised in the mines but shall not Conflict with miners rights

19th Gulch claims Shall be one hundred feet up and down and fifty feet wide following the meandering of the Stream and shall be worked within ten days if water can be ob- tained, if water is wanting, he may record the Same and hold it until water can be obtained Any time after the first of Sep- tember any miner may record his Gulch Claim and hold it till the first of June

20th When any miner holds both a Gulch and Lead Claim if one be worked the other may be held without working by recording; the Same

21th 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 other Ditch, but shall so guard themselves in passing as not to injure the party over whose ground they pass

22 St When any company is formed for the purpose of Tunneling for discovery the parties engaged may Stake off re- cord and place Notices on ground two hundred and fifty feet Each way from the Tunnel and running as the Tunnel is in- tended to run. After that all new leads discovered in Tunnel- ing belong to the Company to that Extent. Claims already taken are to be respected, but New Claims Cannot be taken within the limits Staked off if work be progressing on the Tun- nel. If work on the Tunnel be Stoped for one week at any time the original Claim shall be forfeited and Shall be again open to Claiments

Passed at the Miners' Meeting July 16th 1859 Attest

C. A. Roberts, Recorder R. Sopris President

16 Gilpin County Records

munTees' meeting at geegory diggings.!

Pursuant to previous notice a mass meeting of the miners of Mountain City, Gregory diggings and vicinity, was held in front of Kehler & Patten's store, on Saturday evening, Oct. 29th, A. D. 1859, to consult and advise relative to the course to be prescribed by the miners of the mountains in relation to the efforts being made by the citizens of Denver and Auraria to re- duce the price of gold dust from the rates for which it has hith- erto been received.

The meeting was called to order by Dr. C. E. Bissell, and the call for said meeting was read.

Upon motion T. T. Prosser was elected President and Win- ton Smith, Secretary.

A motion was then made that a Committee of Three be appointed to draft resolutions expressive of the sense of this meeting relative to the efforts of certain persons in Denver and Auraria to reduce the price of gold dust, from its value as here- tofore established, whereupon Geo. W. Brizee, Col. Sam'l McLean, and C. R. Bissell were chosen to act upon said Com- mittee.

The meeting was then addressed by Messrs. Flanegan, Prosser, Patten, Rariden and Dr. Stone ; after which the Chair- man of the Committee on Resolutions announced that said Com- mittee were ready to make their report, and introduced the following to wit : —

*'We, the people of the mining district, having been in- formed that an effort has been made by the citizens of Denver and Auraria, to reduce the price of Gold dust from the rates for which it has formerly been received, and as we believe from the schedules which we are well aware have been received from the United States Mint, it is of much greater value than the price for which they propose to receive it. Therefore : —

1. — "Resolved, That the action of the Merchants and Trad- ers of Denver and Auraria Cities regarding the late reduction

' Rocky Mountain News, November 10, 1859, p. 4.

Gregory District 17

on the rates of gold dust meets Avitli our most hearty disapproba- tion and disapproval.

2. — "Resolved, That we will let no means fail of express- ing our disapprobation of this measure, hoih hy will and by act, and we hereby cordially agree, as miners, to support each other in this resolution.

3. — "Resolved, That we duly appreciate the action of our Mountain Traders in the aid and comfort they have extended to us in receiving our gold dust at the usual prices while they themselves are suffering from the changes lately affected.

4. — "Resolved, That in our efforts to render null and void the self constituted action of the Merchants and Traders of Den- ver and Auraria, relating to the value of gold dust, we will in no case lose sight of our own Mountain Traders who have, and still are, standing by us arm to arm and shoulder to shoulder in all our endeavors to put down an effort not only mean and un- just but derogatory to the dearest interests of every working man in the Rocky Mountains.

5. — "Resolved, That we believe, and are well assured in our belief, that certain speculators in Denver and Auraria, have sent some of the poorest specimens of retorted gold mixed with quartz to the mint to be coined, which they could by any possi- bility obtain for the purpose of swindling mountain men and miners, and that we will use our every effort to direct trade from the points before named to such as will receive our gold at its intrinsic value, and where goods can be purchased at the lowest rates."

The foregoing resolutions, after being read, were adopted by the meeting without a dissenting voice, after the meeting was addressed by Mr. ]\rclntire and Mr. Clark.

Col. McLean then addressed the meeting who stated that he had Vx-en a miner in California ; that the gold dust there was of inferior quality to that obtained here, for which over nine- teen dollars per ounce was realized at the mint, upon an average.

Geo. W. Brizee then addressed the meeting; he stated, dur- ing the course of his remarks, that the valleys were dependent

18 Gilpin County Records

upon the mountains but the mountains were not dependent upon Denver and Auraria. If we can purchase our goods at the same prices in Golden City, and they will receive our gold at the usual rates, we had better patronize them, or if we should send a train of thirty or forty wagons to the States through Denver and Auraria, to supply our wants, they may be soon convinced as to whether the mountains were dependant upon the valleys.

The Chairman, T. T. Prosser, then addressed the meeting ; he stated among other good things, that the evidences given us by nature were conclusive that there is no more difficulty in wintering in the mountains than on the plains, so far as the in- clemency of the weather is concerned, for we find the bulb cac- tus growing here in abundance in connection with other tender plants never found in the regions of the north. These facts in connection with others have induced us to make an attempt to winter in these mountains, notwithstanding the fabulous stories of Denver and Auraria, and the time is not far distant when it will be evident, not only to the capitalist, but to the bus- iness man, that the source of wealth is the mountains, and all efforts made to depreciate their true value is against the miner's interest directly, and indirectly against all connected therewith. Therefore, it becomes all that are interested in these mines to guard with a jealous care our mountain interests.

Mr. Rariden was then called upon who stated that he had no further remarks to make relative to the objects of the meet- ing, but announced several meetings to be held in various dis- tricts, and among others that a meeting would be held in Rus- sell's district where various certificates will be exhibited, show- ing the true value of the gold taken from the leads and gulches in said district, after which the meeting, upon motion, was adjourned until Saturday evening next.

Winton Smith, Secretary. T. T. Prosser, President.

LAWS OF FEBRUARY 18 AND 20, 1860. At a meeting of the Citizens of Gregory District held in Record A 2d.

Gregory District 19

Mountain City, On the lltli day of Febrnay A D 1860 at 7 oc P. M a Conunittee consisting of Geo W Brizee William II Bates and B F Chase ware appointed to Codify and amend the Laws of Said District, and to repoart the Said Laws So Codified and amended to a meeting to be held at the Same hour and place On the 18th inst.

In accordence with the duties imposed upon them the com- mittee report the following acts regulating the rights of Persons and of property and the manner in which those rights may be pursued.

Ax Act to Provide for and Define the Future Boundaries OF Gregory District

Sec 1st Be it enacted by the citizens of Gregory District in Convention assembled, That it Shall be the duty of the corder of this District, On Or before the 22nd inst to make and caus to be posted three notices in each of the Districts adjoining this district, wherein the Citizens thareof Shall be invited to Send, three delegates each to attend a meeting to be held at the City Hall in Mountain City in Gregory District, On the 1st day of March next following at 2 o.clk P. M. That the bound- aries of this and adjoining Districts may be permanantly and definately definde with acracy and Certainty

Sec 2n Be it further enacted, that after the Said bound- aries of this District Shall be permanently defind and fixed or provided for in Sec One no change Shall thareafter be made in its boundaries without the consent of the Citizens of this Dis- trict.

Sec 3rd Be it further enacted, That if any person shall wish to change the boundaries of this District, Or erect another within the Same, or annex any Territory before that time not belonging thareto, A public meeting of the Citizens of this Dis- trict Shall be called, and Ten days notice given of the Same by posting 12 Notices of Said meeting in as many conspicuous places. If the petition for a new District, Or change of boundary applide for be granted it Shall not take effect for 10 days thereafter. Approved Febry 18th A D 1860

20 Gilpin County Records

An Act Defining Claims and Regulating the Title Thereto.

See. 1. Be it enacted by the Citizens of Gregory District in Convention assembled, That all mining loeds of Gold or any other precious or useful metal, and all mining and other claims Shall be held under and defind by the prvissions of this act.

Sec 2d Be it further enacted, That the term Claime as used in this District, Shall be construde to mean whenever ap- plide to a Load, One Hundred feet running the length of the Same and fifty in width. When applide to a Gulch. One Hundred feet following its meanderings, and extending from Bank to Bank. When applide to Patch ot placer diggings One Hundred feet Squair. Wlien applide to Tunnelling Claims the entire distance intended to run Same for discovery purposes. As shown by record and the Stake at the mouth of the Tunnell.

When aplied to a Quarts Mill claim the distance of Two Hundred and fifty feet Squair. When applide to a Ditch claim the entire distance staked out which they intend to run tho Same, as shown by the sursey and Stakes. applide to a water claim, the exclusive right to use water for mining puposes upon any ditch or Stream not exceeding in distance two Hun- dred and fifty feet. Wlien to a Farming Or ranch claim. One Hundred & Sixty acers. When applide to a building claim fourty feet front and One Hundred feet deep

Sec 3rd Be it further Enacted, That no person Shall hold more than One leod. Gulch patch or placer claim in this district, Except by purchase or discovery.

Sec 4th Be it further Enacted, That no person Shall hold more than one Water, building, Farming cr Banch Claim ex- cept by purchase.

Sec 5th Be it further Enacted, That each discovery claim shall be marked as such, and all purchased claims shall be re- corded, and in either case they Shall be Safely held whether worked or not.

Sec 6th Be it further Enacted, That any claim or claims not held either by purchase or discovery if abandoned for ten

Gregory District 21

oojisecutive days, after being staked off. Shall be forfeited to any person or persons who may take up the Same and work them, and not abandon them as aforesaid.

Sec 7 Be it further Enacted, That no claim Shall be re- garded as good and Valed, unless Staked off with the owners name, giving the driection length, width, and date when the same was made. And when held by a company the name of each member shall conspiceously appear.

Sec 8 Be it further Enacted, That when members of a company consisting of two or more, Shall work one claim of the company, the rest shall be considered as worked, by putting a notice of the Same thareon.

Sec 9 Be it further Enacted, That all mining claims which have been or may be taken up before the 1st day of June next, need not be worked untill that date, provided however, tliat the person who So has, or Shall take up a claim as afore- said, Shall file with the Recorder for record a Statement thareof wharein he shall discribe the claim, and aver that it cannot be worked profatably for the want of either water or the proper macheanery, untill the first day of June next at which time he believes the said water or macheanery can be procurred.

Sec 10th Be it further Enacted, That in all cases wharin parties shall have complide with the Law as far as possable prioriety of claims when honestly carried out Shall be re- spected.—

Sec 11th Be it further Enacted, That all Contracts of partnership or agreements, whereby an interest in a claim or lands is conveyed, and all contracts reletive thareto, hereafter made Shall be in writing, and give the names and intrests of each of the parties, and when a partnership, the firm name also, and the Same shall be recorded Ixifore the 1st day of April next. Or the Said Contracts Shall not be regarded as binding U[H)n or effecting any but the original parties in any transaction whatever.

Sec 12th Be it further enacted. That all deeds, lionds, contracts, bills of Sale, or instruments of any kinde relitivo to

22 Gilpin County Records

the convvance of claims and lands Shall be witnessed by at least two disinterested witnesses and recorded.

Sec 13th Be it further Enacted, That when any miner Shall hold both a Gulch and loed claim, if one be worked, the other may be held without working, by recording the Same. —

Sec 14th Be it further Enacted, That any person o\vning a Quartz Mill claim upon which he has a Mill or is prepairing to place one, may claim the right to cut a race or ditch from any Stream to bring water to Said Mill not interfering with Vested rights. —

Sec 15th Be it further Enacted, That all claims held by Virtue of Laws heretofore in force Shall be regarded as Vested property, and no person Shall be disturbed in the possession thareof.

Sec 16tli Be it further Enacted, That when water is claimed for Gulch and quartz Mining purposes On the Same Stream neither shall have the right to more than one-half unless there shall be insufficient for both, when prioriety of claim shall determine.

Sec 17th Be it further Enacted, Th?.t if two or more par- ties wish to use water on the same stream or ravine for Quartz Mining purposes, No person shall be entitled to use more than his proportinate share of water, but in case there shall not be water Sufficient for all, priority of Claim Shall determine the right to such water.

Sec 18th Be it further Enacted, That when water compa- nies 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 water Shall be garded as not to interfeer with any vested rights. —

Sec 19 Be it further Enacted, That all other questions not settled by the provissions of this act, arising out of the rights of Riparian proprietors Shall be desided by or in accordance with the provisions of the Common Law

Sec 20 Be it further enacted, That claims of every kinde except Discovery mining claims must be recorded, unless the Same are continiously worked and used according to Law. —

Gregory District 23

Sec 21 Be it further Enacted, That the rules & regula- tions observed in mining regions within the United States, reg- ulating the digging for gold under building lotts, upon Ranch, farming and other claims shall be observed in this District

Sec 22 Be it further Enacted, That if any person Shall locate a Tunnell in this District for the purpus of discovery, he shall first file a specification of the Same with the Recorder, whose duty it shall be to record the Same upon payment of his fees. The Said Specification Shall State the place of com- mencement and the terminus of said Tunnell, togeather with the names of the persons interested therein. A Four Squair Stake Shall be plased at its mouth, having written thareon the same things hereby made necessary to record. —

Sec 23 Be it further Enacted, That any person or per- sons engaged in working a tunnell, provided he or they shall comply with the requirements of the law, shall be entitled to two Hundred and fifty feet, on each side of all leads discov- ered in consequence of the Same, and such parts of the lods as they are entitled to in consequence of such discovery, shall be held as discovery claims. Provided however they do not inter- fair with Vested rights, and if it shall appear that loeds are staked off on the line of said tunnell so that the required num- ber of feet, cannot be taken nere to them, they may be taken upon any part thereof, whenever the same may be found vacant.

Sec 24 Be it further Enacted, That if the person or per- sons locating a tunnell shall fail to work the same for Twenty days after the first of July next, they shall forfit their claim to Said Tunnell, but not to the claims they have discovered, and held by Virtue of discovery before the time of forfeiture. —

Sec 25 Be it further Enacted, That the person or persons working a tunnell Shall after the same is legally located have the priority of right to all leads discovered in the line of the tunnell from the recorded line of its mouth to its terminous. And Shall have the right of way, through all loeds which may be in the course said tunnell is recorded Staked out or worked.

Approved 18th Feb 1860

24 Gilpin County Records

An Act Establishing a Miners' Court and Regulating Its Jurisdiction.

Sec 1 Be it Enacted, By the Citizens of Gregory District in Convention assembled. That 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 Monday of each Week All writs to be made returnable at Said tenn, Shall be Served before the Fryday next proceeding, if not So Served they shall be made returnable at the Second term after Semdce. Nothing herein contained shall be so construde as to prevent the trial of criminals at any time.

Sec 2 Be it further Enacted, That the Officers of said Court shall consist of a Judge a Clerk, the Sherriff of Arapaho County and his Deputies, And the Attorneys of said Court regu- larly admitted, as such.

Sec 3rd Be it further, enacted, That it Shall be the duty of Said Court to Sign all writs issuing out of Said Court, Either by himself or his Clerk. To make all Transcripts of Judge- ment required On payment of his fees. To enter Judgements and issue Executions, and pay over to the proper persons moneys collected on such Judgement and Executions. To try all Crim- inals and pay over to the Treasurer all monys he may receive as fines for the District, And to perform such other duties as properally appertain to his said office

Sec 4 Be it further Enacted, That if the Judge of Said Court, Shall not be able to attend any trial Or shall be disqualli- fied from any cans to try any suit. Or if thare 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 that 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 Plaintiif or Defendnt, Or with either of them in any manner the President of the District shall preside in the Miners Court at Such trial.

Sec 5 Be it also Enacted, That the Miners Court shall have Equity as well as Law Jurisdiction, and may grant writs of injunction On Motion upon proper cans Shown to be sup-

Gregory District 25

ported bv affidavits alone, and do all such Other acts as a Conrt of Equity has power to do.

Sec 6 Be it further Enacted, That the Miners Court shall have power to fine for contempt in a sum not exceeding $50 and may issue Execution thareon the same as other Judge- ments.

Sec 7 Be it further Enacted, That the Said Court shall have power to appoint its own clerk whenever it shall be deemed nessary, And the said Clk shall have such powers as a Clk [of] record has under the Laws of Kansas, relating to matters that may cum before Said Court in consequence of some prossess issud tharefrom

Sec 8 Be it further enacted. That the Jury for each term of Court shall be drawn upon the Thursday next preceeding each term in the following manner. The Sherriff Or his deputy shall place the names of 100 Good and Suitable men in a Box prepared for the purpos, and the Judge of the Court, Or the Clk thareof shall draw tharefrom the names of Eighteen Men who shall be Summoned to act as jourors for the next succeed- ing term of Court. When nessary the Sherriff may summons talismen, but no person shall serve as jouror for two succeeding terms of Court. Approved 18th Febry A D 1860

An Act Relative to the Officers of Gregory District, Their Duties, Term of O'ffice and Fees.

Sec 1st Be it Enacted by the Citizens of Gregory District in Convention assembled, That there shall be Elected in this District, upon the first Monday of June in each year the fol- lowing Officers, who shall each hold there respective offices, for the term of One year, unless they shall, die resign or remove from the District or be removed from there offices for miscon- duct by the Citizens of this district (Viz) a President a Judge of Miners Court, and a Recorder who shall be ex officio Secra- tary and Treasurer of this District.

Sec 2 Be it further Enacted, That it shall be the duty of the President of the District, to preside at all public meeting of the Citizens of the District, when called for purposes relat-

26 Gilpin County Records

ing to public business, and to preside at, the trial of cases in the Miners Court, when required by law.

Sec 3 Be it further Enacted, That it shall b© the duty of the Judge of Miners Court, to preside at the trial of cases, and at public meetings, in the absence of the President, and perform such other duties as the law requires. —

Sec 4 Be it further Enacted, That it Shall be the duty of the Recorder Safely to keep the Books and records of this Dis- trict. And to record all proper papers upon payment of his fees. To act as Secretary of the District at public meetings of the Same. And to keep all moneys paid into his hands by the Judge of Miners Court to be paid out as directed by the Citi- zens at Some public meeting legally called, —

Sec 5 Be it further Enacted, That the Sherriff of Arap- aho County shall be Exofficio Sherriff of this District and shall have the same powers he has by virtue of his office under the Laws of Kansas. —

Sec 6 Be it further Enacted, That the fees of the Be- corder shall be One Dollar for each Claim, Or instriment in writing recorded, and Such Other fees for District business as the Citizens shall allow. The Sherriff may charge double the fees allowed by the laws of Kansas. And the Judge of the Miners Court five Dollars for presiding at each trial and double the fees allowed by the Laws of Kansas for making out all propper papers. —

Sec 7 Be it further Enacted, That every person Shall be a Voter who owns a claim in this district and has it Recorded

Sec 8 Be it further enacted, That the ofiicers of this Dis- trict shall continue to hold thare said offices until the next an- uel Ellection, Subject to the provissions heretofore named

Sec 9 Be it further Enacted, That the Justice of the Miners Court Shall be the Judge thereof.

Approved February 20 A D 1860

An Act in Relation to the Practice in Said Miners Cottbt.

Sec 1 Be it enacted, by the Citizens of Gregory District

Gregory District 27

in Convention assembled. That if any person shall wish to com- mence a suit or action in the Miners Court of this District, he shall file with the Judge or Clerk thareof a Statement in writ- ing Setting forth his grounds of complaint, which shall contain all the Allegatins and facts necessary to constitute the caus of action in plain & unequivacul language. Such statement if in Equity shall be in the nature of a Petition, and if in Law of a complaint, And shall be known and called by the names of Pe- tition Or Complaint, as the case may ba Upon the filing of either a Petition or Complaint, as aforesaid, the court or the elk thareof shall issue a writ of sumons to be served upon the Defendnt, Or Defendents to appear and answer at the terms tharein named Or Judgement will be taken aganst him or them by default. If the releaf demanded be for a sum of mony the amount shall be Stated in the Summons, if for a Sum of mony & other relief, the summons shall state in Substance that if the defendent do not appear and answer at the time tharein named. Judgement will be taken against him by default for the Sum of mony demanded, and such other relief as the court may deem Meet. If the remedy applide for shall not be for mony, the summons shall ask Judgement for the relief demanded in the Complaint if at Law, or the Petition if in Equity.

Sec 2nd Be it further enacted. That the Defendnt may at any time before the time of trial at Law of any caus enterd in the Miners Court, file his answer or demurr upon either of which the Plaintiff may join issue, And if an answer be filed containing new matter, irrelevant to the issue, it must be denied or avoided by the plaintiff in his reply, and all matters not de- nied or avoided by one pleading subsequent to an other, shall be taken as confessed & true.

Sec 3rd Be it further enacted. That all pleadings subse- quent to the Petition in Equity shall be the same as used in the United States Courts of Equity. And the term of three days shall be granted for the filing of each pleading subsequent to another untill the issue is made up —

Sec 4 Be it further enacted, That all pleas in Equity

28 Gilpin County Records

shall be varified, and no remedy shall be allowed in Equity when the same can be had at Law.

Sec 5 Be it further Enacted That in all cases of the four- closure of a Mortgage, Or lean of any Kinde upon a claim, the equity of redemption shall not extend beyong 30 Days —

Sec 6 Be it further enacted, That in all cases of Judge- ment for partition of claims between joint owners, three disin- terested Commissioners shall be appointed by the Court who shall effect such Partition between such parties —

Sec 7th Be it further enacted, That the rules of Evi- dence as admitted in the Courts of the United States shall be adherd to & observed in the Miners Court. With the exception that either party may file his affidavit in Court at any time be- fore the commencement of a trial, wherein he may depose to any facts reletive to the issue, and shall thereafter depose in the same that none of the foregoing facts contained in such affi- davit can be proved by any witness whose testimoney it is possa- ble to procure either by deposition or the usual process of this court to compel the attendence of witnesses, when the affidavit may be read in evidence, The adverse party may have the right to rebut the evidence or explain the facts. So set forth by affi- davit. Or depose to any facts that may legally effect the Matters deposed by his apponant, which affidavit may also be read in evidence

Sec 8th Be it further enacted. That Depositions may be [used] in this Court in Evidence, provided the witness is sick & unable to attend the place of trial, about to leave the Country, or is out of the jurisdiction of this Court. If the deposision is to be taken within the County of Arapaho notice shall be given to the adverse party of the time & place where the said deposi- sion is to be taken. If out of the Country no notice need be given.

Sec 9 Be it further enacted That no cans shall be con- tinued unless upon affidavit of a party, or his Attorney, of the absence of a material witness, whose evidence is material to the issue as he variely belives and that the said party cannot safely go to trial without the evidence of sed witness which he

Gregory District 29

believes he can procure at at Some future term which he shall State, Or for Some other good & sufficient cans.

Sec 10 Be it further enacted, That in all cases of Attach- ment and Replevin the practice recognized by the Laws of Kan- sas shall be observed, and when in cases of Attachment the De- fendnt has left the County or keeps himself secreted within the same so that proscess cannot be served upon him, publication in Some public newspaper printed in the County for two weeks shall be deemed sufficient notice. The order of publication shall not be granted by the Court, iinless a Summons has been re- turned by a proper Officer, which return shall show that he has made dilegent serch and inquirs' and cannot learn that the de- fendent is in his County, or that he cannot find the defendent, and that he believes he keeps himself secreted to avoid the serv- ice of a Summons, togeather with any other evidence tending to make either of said facts appear —

Sec 11 Be it further Enacted, That garnashee proscess may issue as a part of the orignal writ, to be servd on both De- fendent & Garnashee, or Seperately. Or it may issue after Exe- cution is returnd unsatisfied, and in either case if the garna- shee shall pay the demand or claim over to the Defendent after legal notice he shall be still held liable to the Plaintiffs for the amount of his Judgement & costs, if he was indebted to that amount Avhen service was made upon him. And if in a Smaller Sum the amount he was indebted when said notice was served upon him.

Sec 12 Be it further enacted, That all special proceed- ings in the Miners Court shall be conducted according to the forms prescribed in the Statutes of Kansas for the year A D 1859, as far as consistant with the Laws and local affairs of this District, and all motions relating to such proceedings shall be sustaind, or apposed by affidavits alone

Sec 13 Be it further Enacted, That new trial of all causes which have been, or may be tried shall be granted upon the same terms or by the rules of the Common Law, and it shall be discretionary with the Court in all cases to grant or regect the application

30 Gilpin County Eecords

Sec 14 Be it further enacted, That no debt or demand of any nature shall be collected by suit in this Court which was not originated either in cuming' to this mining region or since the arrival of such debtor within the proposed limits of Jeffer- son Teritry.

Sec 15th Be it further enacted, That in all cases where the liability of persons in actions founded upon contract, Tort, or mixed actions is not pointed out and definde by the Laws of this District, the Conunon Law rules shall apply as to such Con- tracts or Liability.

An Act Relating to Trials and Its Incidents.

Sec 1 Be it Enacted by the Citizens of Gregory District in Convention assembled. That in all cases wharein a civil ac- tion is hereafter commenced in the Miners Court the Plaintiff shall file a Bond with one or more good and sufficient suraties conditioned to pay all costs which may be taxed against him in case he shall fail to recover judgement in said suit —

Sec 2 Be it further enacted, that in case the costs cannot be collected, against the Defendent in any cause, wherein the plaintiff Shall recover Judgement, the Said Plaintiff shall be held responsible for the costs he shall make in said suit.

Sec 3 Be it further enacted. That upon the return day of a summons if either party shall call for a jury he shall first advance the fees at a rate of $1.50 for each juror who shall try the case, and in case he Shall prevail in the Same the fees so advanced shall be taxed against the adverse party, but in case no jury is called, the Court shall try the Same.

Sec 4 Be it further enacted, That when a jury is called for, the court or elk shall call limine persons from the jurors sum- moned, and each party shall strike off three untill three remain, who shall proceed to try and determine said cans

Sec 5 Be it further enacted. That if any person shall enter an appeal from the jury of three, he shall give notice thereof upon the Same day that the first Yirdict was rendered, either by giving Said notice in open court, or having the same entered upon the docket of the Court, and shall perfect his ap-

Gregory District 31

peal within three days bv paying up all costs before that time, giving- Security for future costs, and advancing the jurors fees. The cans shall then be set for the next regular term for trial, unless sooner agreed upon between the said parties.

Sec 6 Be it further . enacted, That juroi's shall try causes in Equity as well as at Law. and in equity may render special Verdicts, upon which the Court may enter judgement and issue decree or order.

Sec 7 Be it further enacted. That all trials on appeal from the jury of three, Shall be decided by a Jury of 12 men, and from there desision ther shall be no appeal.

Sec 8 Be it further enacted. That a juror may be chal- lenged for faver, for cans shown by his own evidence or that of others, and each party shall have the right to three preemptory challenges.

Sec 9 Be it further enacted, That the defeted party shall be in all cases liable for the costs of suit

Sec 10 Be it further enacted, That all Executions issued out of the Miners Court shall be made returnable in 20 days from the date thareof and the Sherriff Shall note on each Exe- cution the day he receives it, and shall return the same within said 20 days whether satisfied or not, with his proper Return thareon endorsed.

Sec 11 Be it further enacted, That all attorneys who practice in this Court, shall take and Subscribe the following oath (to wit) You do Solemnly swear or affirm that you will Support the Constitutin of the United States, and the Laws of this District and that neither for gain Malice, fear or faver will you prejudice the cans of your Cliant, But will do all in any caus in which you are ingaged to advance his interest honorably.

Approved E'eby 20th A D 1860

An Act in Retation to Levy and Sale Befoke Execution. Sec 1 Be it enacted by the Citizens of Gregory District in Convention assembled, That thare shall be exempted from Levy and Sale upon Execution, All Tools for mining, Tedding, Clothing, Cooking utensels and necessary provissions for three

32 Gilpin County Records

Months, and- in case of a man residing with his family here, A Dwelling House & Lot not Exceeding in value $5.00 [five hundred] — and such Articles of household furnature as are nec- essary, with a Bible famly pictures & Eellics &C

Sec 2 Be it further enacted, That the property taken in Execution shall be posted in three public places within said District, for Five days next preceeding the sale thareof, and the Sheriff may adjourn the said Sale at any time, when it appears the Property cannot be Sold for want of bidders except at a great sacrafise

Sec 3 Be it further enacted. That mony collected on exe- cution shall be paid into the hands of the Court by the Sherriff to Satisfy the Judgement in whole or part, it shall be the duty of the Court to pay the amount due over to the proper party on Demand

Approved Febuy 20th A D 1860

An Act Concerning Crimes and N'uisances Within Gregory District

Sec 1 Be it enacted by the Citizens of this District in Convention assembled, That all crimes committed in this Dis- trict shall be punished as a Jury of 12 Good Men shall direct.

Sec 2 Be it further, Enacted, That any person who shall cans any nuicence, effecting the health or liable to effect the health of the Citizens of this District, May be sued for the Same in the Miners Court, in the name of Gregory District as the De- fendent, and shall be liable to pay damages in a sum not to ex- ceed $1.00.00 [one hundred dollars] with costs of Suit for the use of Said District

Sec 3 Be it further enacted That, if any person shall ob- struct any highway or make any pit or hole & leav it open so as to endanger life or limb, upon any usually traveled Road or trail. Such person may be sued as aforesaid for committing a nuisance. And be liable to said District in Damages as provided in Sec 2 — with costs.

Sec 4 Be it further enacted, That every other act of com- mission Or Omission which may effect the public health or con-

Gregory District 33

venience shall be regarded as a ISTuisense, and the person or per- sons causing the Same shall be liable in Damages accordingly.

Sec 5 Be it further enacted. That after any conviction for a nuicense in the Miners Court, if said nnicense is allowed to remain, Shall be again liable in damages, and shall also be liable for each 24 honrs the same shall be allowed to remain after conviction as aforesaid

See 6 Be it further enacted, That execution shall issue in all cases under the provisions of this act in the name of the Dis- trict the same as any Other Suit at Law

Approved this Feby 20th A D 1860

Ax Act Containing Genervl Provisions for the Government of Gregory District

Sec 1 Be it enacted by the Citizens of Gregory District in Convention assembled, That the Judge of the Miners Court shall pay each week to the Treasurer of this District, all monys he may collect from Judgements in favor of this District, Con- tempts of Court, and fines of every Kinde. And the Treasurer shall not pay the same out to any person unless upon Vote of the Miners or Citizens of Said District fully expresed . .

Sec 2. Be it further enacted. That the President Or Judge of ]\Iiners Court may caul a public meeting at any time either of them may Deem the Same necessary, by giving 48 hours notice, by posting Six notices in as many public places in said District

Sec 3 Be it further enacted. That all Laws conflicting with those passed at the meetings of the Citizens of this District held on the 18 & 20 Febry 1860 are hereby repealed, and shall cease to have effect in 15 days after this (fate, Except as to suits pending and commenced before that time, and the Laws passed at this time to wit the 18 & 20 Febuay 1860, with the above exception shall go into effect in fifteen Days from this date

Approved this 20th Febuay A D 1860

Attest

M. Storms Secty 'T. S. Stone Pres.

34 Gilpin County Records

MINERS' MEETIIG.i

Proceedings of a Meeting of the Citizens of Gregory Dis- trict, held Pursuant to a Notice of Captain Sopris, President of the District,

May 25th, 1860.

Meeting called to order by Captain Sopris, at 8 P. M. W. W. Snelling chosen Secretary.

Capt. Sopris, in a clear and concise manner, explained the object of the meeting to be to take measures to obviate the vari- ous discrepancies in the laws of the District, and to amend the laws in such manner as to give full and ample encouragement to the new comer, while they should protect property already acquired, but only where such property has been acquired bona fide, and urged that a committee be appointed to propose such alterations as appeared necessary.

On motion of H. P. A. Smith, esq., a committee of three was appointed to draft resolutions relative to such alterations as appeared essential, which committee consisted of Messrs. Smith, Hughes and Tasher, who thereupon retired to draft resolutions.

In the interval of tlie absence of the committee, the meet- ing was addressed by Capt. Sopris, who congTatulated the citi- zens upon their present prosperity and future prospects ; spoke at length of the riches existing in our hills and vallies, awaiting the labor of the enterprizing and industrious miner, and in an eloquent manner warned them of the vices too often attendant upon a society newly formed and afar from the influences under which they had been reared, and spoke upon the evils and diffi- culties arising from the jumping of claims, and the numerous trials arising therefrom.

At 9 o'clock the committee returned and reported the fol- lowing resolutions, which were adopted :

Resolved, 1st, That lead claims shall be held, where hon- estly taken up or purchased, without any requisition of labor upon the same, for one year from June 1st, to give time for sup- plying machinery for working the same.

Rocky Mountain Herald, June 2, 1860, p. 4. The resolutions were also found in Gregory District, Record C.

Gregory District 35

Besolved, 2d, That when machinery is owned or used by any person owning more than one cLim, that labor on one claim shall hold the others as firmly as if they also were worked.

Resolved, 3rd, That when any person owns a Gulch, Ea- vine. Flat or Patch claim, where there is at present no water for working the same, he shall hold the same without being re- quired to work it, until ten days after there shall be water suffi- cient to work the claim.

Resolved, 4th, That where there is any doubt of the honesty of any bill of sale of a claim, and the witnesses are, by any good reason, not to be found, the holder may be examined under oath, at the request of any adverse party.

Resolved, 5th, That the records of the District shall bear the same weight hereafter, as evidence of title and right, that they have heretofore done, until the repeal of the above laws.

Resolved, 6th, That the first record, taken in good faith, of a mill claim, shall, in all cases, be held good until the expiration of the present season ; and where any person shall place on rec- ord his intention to improve, shall hold until the 1st of June,

Resolved, 7th, That in case of the death of any person o\vn- ing property in this District, it shall be the duty of the Presi- dent to appoint an administrator of the estate, who shall be re- quired to give bonds and close up the property according to the laws of Kansas Territory ; and he shall, in all cases where possi- ble, appoint some relation of the deceased, in want of which, some other responsible party, and he shall, in all such cases, have the power and perform the duties of a Judge of Probate.

Resolved, 8th, That these laws shall be in force from and after their passage.

Upon the reading of the 7th resolution, a spirited debate ensued between Messrs. C. C. Post and H. P. A. Smith, in which the latter vindicated the propriety of adheiring to the jurisdiction under which we are placed, and quietly abiding the action of Congress with regard to any new organization.

The Chairman further addressed the meeting, proposing the appointment of delegates to a General Convention of the

36 Gilpin County Records

several District, tlie object of which Convention should be to establish a code of Laws, which should be adopted by the people of the several Districts.

The following gentlemen were then elected to attend said convention. R. Sopris, H. P. A. Smith and Geo. "\Y. Brizee.

Meeting then adjourned.

W. W. Snelling, Sec'y.

FROM THE MOUNTAIS.i

Yesterday, Friday, was a gay one throughout Gregory dis- trict. There were polls open at the Haman House, at Kehler's point, at Gregory House, Black Hawk Point, and Chase's Gulch; and the wonted crowds to be obsen-ed canvassing and carrying on for their favorites. Dr. Bissell, and A. Wilson, Esq., ran for office of Judge of the Miners' Court of Gregory District, — the latter was elected by some fifty majority. The office is worth five or six thousand a year. — There were some six or eight hundred votes polled.

Laws Of Febeuary, I86I.2

At a meeting of the Citizens of Gregory District held in Mountain City on the 13th day of February A D 1861. at 7 Oclock P M. a committee consisting of Benj Mason. D S Par- melee and M. Storms, was appointed to codify and amend the Laws of said District — and to report the said Laws so codified and amended in a meeting to be held at the same place on the 16th inst. In accordance with the duties imposed upon them. The committee report the following acts, to wit

An Act Amendatory to an Act Entitled an Act Defining Claims and Regulating the Title Thebeto.

Sect 1st Be it enacted by the Citizens of Gregory Dis- trict assembled. That no person shall have more than one Gulch, Patch, or Placer, Claim except by purchase or discovery,

Daily Rocky Mountain News, October 22, 1860, p. 2. Record B 2d.

Gregory District 37

and no more than one Claim on each Lode except bv purchase or discovery.

Sect 2nd Be it further enacted that each Discovey claim shall be plainly marked and staked with the name of the person, who shall have discovered the same, plainly written thereon, and a hole or shaft shall be sunk on the same to the crevis thereof, and the same shall be recorded as other claims and in all cases each discovery claim shall be as plainly described on the Records as possible, and a penalty of Ten Dollars shall be imposed upon any one removing or defacing stake or land mark, To be recov- ered the same as other fines, and applied the same way.

Sect 3rd Be it further enacted that all claims of what- ever description, shall hereafter be held as real Estate.

Sect 4th Be it further enacted that all Discovery Claims shall be entitled to Twenty five (25) feet each side of the dis- eovry crevis and all preemptions shall follow the principal crevis, and when Lodes cross each other priority of discovry shall be entitled to the Crevis in crossing, and all Spurs from the prin- cipal crevis shall be regulated, according to Laws regulating other discoveries

An Act Amendatory to an Act Entitled an Act Relating

TO Crimes and Nuisances, Committed in

Gregory District.

Sect 1st Be it enacted by the citizens of Gregory District in convention assembled

It shall be the duty of the court before whom any person or persons shall be found guilty of no greater crime than petty larceny to immediately issue an execution, and if the person or persons so convicted shall not turn to the officer sufficient prop- erty to satisfy said judgment together with the costs of said suit. Then it shall be the duty of the Sheriff or Officer having said person or persons in charge to securely keep said person or persons and make him or them work out said judgment on the public streets or roads of Gregory in such [manner] as said officer shall direct for which services he or they shall be allowed

38 Gilpin County Records

and have applied on the judgment, one Dollar per day and board.

Sect 2nd Be it further enacted, that said officer shall see that said person or persons are boarded, and for his services shall recive a fair compensation out of the public treasury. Said officers fees and Charges to be detained by the President, Judge and Recorder of the District —

Sect 3rd Be it further enacted that in all prosecutions wherein the parties accused are not charged with any greater offence than petty larceny, it shall be the duty of the prosecutor prior to the issuing of a warrant to file a Bond with the Court signed by himself and one or more sureties conditioned for the payment of all costs provided the person or persons who shall be prosecuted shall not be convicted —

Sect 4th Be it further enacted that all fines that may be recovered under Sections 2, 3, 4, & 5 under this act one half of the fines in each shall be paid by the Judge of the District to the prosecuting witness

An Act in Relation to Levy and Sale upon Execution.

Sect 1st Be it enacted by the citizens of Gregoiy Dis- trict in Convention assembled That whenever any real Estate shall be sold which is situated within the limits of this District the judgment debtor or debtors niay redeem the same or any part thereof at any time within fifteen days from the day of sale, and a judgment creditor or creditors may redeem said real Estate or any part thereof within five days after the time ex- pires for the redemption of the judgment debtor or debtors, and either case the redemption shall be made by paying to the Judge of the Miners' Court of this District or the President thereof to be governed, the fact before which court the Judgment was re- covered the total amount for which the real estate sought to be redeemed, sold for.

Be it enacted by the Citizins of Gregory District in Con- vention assembled That we do at the present time, and will here-

Gregory District 39

after extend to the Citizens of other Districts all the legal rights which thev may extend to ns and none other —

All Laws heretofore existing, conflicting with these amend- ments are hereby repealed, and all Laws, passed by this meeting shall take effect on and after their passage.

Committee Eecorded Feby 16th 1861. Benj Mason

M. Storms Eecorder L) S Parmelee

by T P Van [ ?] Treas J. W. Storms

At a meeting of the miners & ctazens of Gregory District held pnrsuint to notice being duly posted the president in the Dist presiding Motion A. H. Clemments was Appointed Seca- tary on motion a committe of 3 was appointed by the Chair, consisting of Col Saml. McLain D S Parmalee an Chas Post to Draft resolutions Expressive of the objects of meeting — the committee then retired and afterwards reported the following amendments to the Laws of Gregory District to wit — on motion the report of the committe was accepted unanimously, an adjourned

Be it Enacted by the Citizens of Gregory District in min- ers meeting assembled That Sec 5th of an act passed and ap- proved Febuary 20th 1860 Entitled an act in relation to the officers of Gregory district their duties Terms of office and fees found on page 6th of, the laws of Gregory district be and the Same is hereby repealed

That it Shall be lawfull to Elect a Sheriff of Gregory Dis- trict who Shall when Elected & qualified have all powers of the Sheriff conferd by law on Sheriffs of counties in the former Territory of Kansas that This act take Effect and be in full force from and after its passage

Resolved 2d That the recorder of this District be Directed to make a minute of the above resiloutions on the paper Pook of the Distrct and by Public notice announce to the voters of the District that a Sheriff will be voted for in the forth comming Election to be held on Monday (in June A. D. 1861)

Be it Enacted by the Citizens of Gregory District in Min-

40 Gilpin County Records

ers meeting assembled That no Change of venue be Granted from this District in any Snit hereafter commenced in the miners court of this District Shall be allowed unless the Judge of the court or president be interested in the Event of Said Suit and that Said interest must be Shown by the affidavit of the party applying for Such change of venue and that the cost of Such change of Venue Shall be paid within thirty Six hours after Such is granted by the party applying therefore and Shall not be taxed against any other party in Said Case This Section to apply to civil cases alone

ith That if a party believe that the people are So preju- diced against him that he cannot have a fair and impatial trial by the people of Said district, and Such fact is Shown by affi- davit it Shall be lawfuU to Summon Jurrors from other parts of the country and that Such affidavit contemplated in this & sec one shall be made on the return of the Summons unless such facts come to the knowledge of the party after Said return day

Mass Meeting.!

At a mass meeting of miners, mill men and citizens of the mountain districts, held at Central City, Saturday, April 20th, [1861], the meeting was called to order by Mr. Parker, Presi- dent of Central City District, Judge Gorsline, of Eureka, unan- imously elected President, and Edward P. Peters, of Ievada, Secretary of the meeting.

Dr. B. P. Rankin, of Missouri City, being called upon to state the object of the meeting, said that this convention was called to decide upon the rights of the Consolidated Ditch Co. to bring in and cede water to the miners and mill men of the upper Districts, and to gain an expression of the opinion of the citizens of these Districts in regard to those rights, and to the recent decision of the Court of the Provisional Government at Denver, against the interests and privileges of said company. The Dr. spoke at some length, and laid the case clearly before the people.

Daily Rocky Mountain Neics, April 25, 1861, p. 2.

Gregory District 41

A committee was appointed, composed of one or more rep- resentatives from each district, to draft resolutions for the con- sideration of the meetins:.

While tlie committee were ont for this purpose, I. H. IMor- ton, of Xevada, Dr. Rankin and I. W. Ilambleton addressed the meeting, in favor of the Ditch Co. being allowed to supply their water to those applying for it.

Mr. Carlton, of Enterprise, and Judge Gray, of Missouri City, also addressed the meeting in favor of the interests of the lower and Xorth Clear Creek districts, and adverse to the right of the Consolidated Ditch Co. to supply water to Spring Gulch.

The committee on resolutions being now ready, reported through Mr. H. B. Bearce, Chairman, who offered the following preamble and resolutions :

Whearas, In a suit tried at Denver City, his honor, J. Bright Smith, presiding, wherein the Black Hawk Mill Co. were plaintiffs and the Consolidated Ditch Co. defendants, a most unjust and illegal verdict was rendered in favor of the Black Hawk Mill Co. ; and, whereas, if the rulings of said court in said suit were sustained by the people, the very objects for which the said ditch was built would be defeated ; and, whereas, it becomes our duty, as it is our right, to say and define what the rights of said Consolidated Ditch are, and what they have been, and to sustain and defend them in such rights, therefore be it

Resolved, By the miners, mill men, and citizens, in mass meeting assembled. That the following sections shall be the law by which said Consolidated Ditch Co. shall be governed :

Sec. 1. The Consolidated Ditch Company have tlie right, established by priority of claim, to bring in and sell their water to all persons applying for the same, when wanted for mining or milling purposes.

Sec. 2. The Consolidated Ditch Co. are not, have not, and shall not be deemed liable for any damage that said water may cause after it leaves their gates, by reason of its legitimate use.

42 Gilpin County Records

Sec. 3. All injunctions against the flowing of said water through the Company's Ditch, or its sale and delivery to min- ers and mill men, are hereby declared void.

Sec. 4. That while we deem the priority of right of claim, and the right to sell water without liability, in accord- ance with the foregoing resolutions, clear in the Consolidated Ditch Co, we would ask of the company, and recommend, that they should be at all times ready to give and effect any compro- mise which will not interfere with their prior rights, as em- bodied in their charter, with any persons who may be damaged by the use of the water.

The whole of the above resolutions being put to vote, sepa- rately, were unanimously adopted by the meeting, after being spoken upon by Messrs. Morton, Gray, Hambleton, Eankin and Col. Wood.

On motion, it was unanimously resolved that the proceed- ings of this meeting be published in all papers in the Territory.

On motion, the same were ordered to be transmitted to the Consolidated Ditch Co. by the Secretary, with a request to see the resolutions abided by.

On motion, it was ordered that the same be transmitted by the Secretary to the proper officer in each district for record and reference.

On motion, the thanks of the meeting were unanimously tendered to Judge Gorsline, for the able and gentlemanly man- ner in which he presided over the meeting.

Adjourned.

Edward P. Peters, Sec.

Miners' Meeting.!

A mass meeting of the citizens of Gregory, Enterprise, and other districts throughout the mountains, was held at Moun- tain City, on the 22d day of April, 1861.

Judge H. P. A. Smith called the meeting to order, where- upon, Judge Robert Wilkinson of Enterprise was elected Chair-

Daily Rocky Mountain Neivs, April 30, 1861, p. 2.

Gregory District 43

man, and C. C. Post and George Ainslee, Secretaries. By re- quest, Judge H. P. A. Smith stated the object of the meeting and said that since, through the misrepresentations made at a meeting held at Central City on the 20th inst, the citizens of JSTevada and other gulches were made to believe that the result of the verdict of tbe jury in the case of the Black Hawk Mill Com- pany vs. the Consolidated Ditch Company would prevent said Ditch Company from furnishing water to any of the mills in Xevada or other districts, and by such misrepresentations, said meeting, held in Central City, adopted a series of resolutions virtually annulling the verdict of the jury in said case, and re- pudiating the Government from which said Ditch Company received their charter and the court in which said case was fully and fairly investigated ; that the meeting was called for the pur- pose of setting the matter right before the people, and that the result of the verdict, rendered in said case and all that was asked for by the citizens of Gregory and Enterprise was to prevent the gi'ound sluicing and use of hydraulics in Spring Gulch, that there were never more than twenty-five or thirty men interested in Spring Gulch, while, on the contrary, were they permitted to continue their ground sluicing, the property of thousands of men in Gregory and Entei-prise districts would be completely ruined by the sand which has been and would continue to be washed down on them.

On motion of Col. Sam. McLean, the chair appointed a committee of thirteen on resolutions, consisting of the following gentlemen: C. R. Bissell, W. H. Bates, D. S. Pannelee, Judge A. Wilson, Gregory; Thos. Carleton, H. P. Cowenhoven, A. E. Buckmiller, C. W. Eisk, Enterprise; J. A. Hale, Judge Wells, Chases Gulch; Dr. S. B. Thompson, Dr. E. S. Leavitt, Ne- vada; John C. Anderson, Fall River.

The committee retired, and the meeting was addresed by several gentlemen. The committee returned, and reported the following resolutions.

Whereas, The Consolidated Ditch Company received its charter from the Provisional Government of Jefferson Terri- tory, and have heretofore recognized said government and the

44 Gilpin County Records

courts established under it by prosecuting and defending suits in said courts, and it appearing that certain damages were in- curred by parties, through the act of said Ditch Company, for which suit was instituted in the District Court of the Provi- sional Government, and upon the trial of the same resulted in favor of the damaged parties, and it appearing further that the decision of said court and the authority under which it acted is now attempted to be abrogated by said Ditch Company, who have through themselves or their agents by false representations and unjust means succeeded, through a meeting of miners held at Central City, in bringing about a state of affairs, which, if sustained and carried out, are calculated to produce serious and irreparable injury to the citizens of Gregory and Enterprise Districts, therefore be it

Resolved, That, as citizens of Gregory and Enterprise Dis- tricts, in Mass Meeting assem.bled, we have rights and privileges as dear to us as are the rights and privileges of any other sec- tion of the mining region, and that those rights and privileges have been invaded, and our property injured and destroyed by the said Ditch Company, and that said Ditch Company has violated the charter under which it claims to act by attempting to set at naught a decision in favor of the Black Hawk Mill Company, in a court of the Provisional Government.

2d. That the verdict of the jury in the case referred to, merely allowed damages for the plaintiff, and that the trial had no reference at all to the giving of water to the citizens of Ne- vada, or any other gulch except Spring Gulch, and only pre- vented said Ditch Company from giving water to said gulch for the purpose of ground sluicing and using of hydraulics, and that the use of Nevada Gulch is not what we complain of, as it has done us no injury ; but we complain of the letting in of the water on Spring Gulch, as the cause of all the injury inflicted on us.

3d. That if representations were made of miners and mill men to the effect that the decision had in the case of the Black Hawk Mill Co. vs. The Consolidated Ditch Co., would virtually prevent the inhabitants of Nevada or any other gulch (with the

Gregory District 45

exception of Spring Gulch) from obtaining water as thej have obtained it heretofore, we, knowing the facts, pronounce said representations false, and assert that they were made to deceive the people whose assistance they craved to cany out their unjust ends, and that the refusal of the Ditch Co., on account of the decision referred to, to give water to the people of any gulch, was done through unmanly motives, in order to incense the min- ers and lead them to believe that the necessity of the case re- quired their interference.

4th. That we bear no enmity to the Consolidated Ditch Co., and have no objection to the running of the water from their ditch down through Gregory Gulch into North Clear Creek, provided they will so regulate the same, by preventing ground sluicing and the use of hydraulics, as not to injure us and our property by submerging it in sand and gravel.

5th. That if the Consolidated Ditch Co. continue in set- ting at defiance the mandates of our Courts, we will unite as one man with the citizens of Fall River, Clear Creek, Russell's Gulch and all other places that are injured by the running of the water thro' said ditch, and ever hold ourselves in readiness to protect and enforce the law, and if that fail to resort to such means as may be necessary for the protection of ourselves and property.

After the above resolutions were fully discussed they were adopted unanimously.

A motion was then made and carried that a copy of the above resolutions be sent to the Presidents of the different Dis- tricts throughout the mountains, and that the proceedings of this meeting be published in all the papers in Colorado Terri- tory.

On motion, the meeting then adjourned.

R. Wilkinson, Pres't.

Charles Cr. Post, ) „

A . T Secretaries.

George Amslie,

46 Gilpin County Records

Law Of June 3, I86I.1

Be it enacted by the people of Gregory District in General Miners' Meeting assembled.

1st. That from and after the 3rd day of Jne A. D. 1861. the boundaries of Gregory District (by and vith the consent of Enterprise District) be so changed as to include all of Enter- prise District. And the Teritory heretofore comprising the Districts of Gregory and Enterprise be erected into one mining District and shall be designated by such name as may be deter- mined upon by a joint Meeting of the Citizens of Gregory & Enterprise Districts

2nd. That George W. Brizee D. S. Parmlee C. B. Clem- ents J W Colver and Cooper be and are hereby made and appointed commissioners to meet at some convenient place at Black Hawk Point the same number of Commissioners to be appointed by the people of Enterprise, whose duty it shall be to Revise and Harmonize the Laws of the two Districts, and shall report a complete set of laws to govern the two Districts so united at a meeting to be Held at Gregory Point on Saturday Evening the 1st day of June AD 1861 at early candlelight

Primary Meeting.

Pursuant to notice the citizens of old Gregory met in Con- vention at the Court House in Mountain City.

The meeting was called to order, and by motion of H. C. Edwards Mr. D. S. Parmlee was chosen chairman, who in a brief address, after reading the call, stated the object of the meeting to be to elect delegates to represent Gregory District in the Territorial Convention, to be held in Denver, on the 22d inst., for the purpose of nominating a 'People's Candidate," for Delegate to the 37th Congress.

On motion of A. Sisson, C. C. Post was chosen Secretary.

On motion of J. W. Russell, the Chair appointed E. G. Bissell, Capt. W. H. Bates and Judge Wilson, a committee to

' Loose sheet in Grantee Index.

Daily Rocky Mountain Neics, July 20, 1861, p. 2.

Gregory District 47

present the names of persons for delegates to said convention, while the committee were out Thos. Hunter, L. Belden and oth- ers, addressed the meeting.

The committee returned and reported the names of Dr. A. A. Craine, John Morris, A. Wilson, M. Storms, O. S. Levis, Samuel McLean and G. Watson Brizee, as suitable persons for delegates to said convention.

After the report was received, and committee discharged, on motion of L. Belden, each person was balloted for separately, and the result of the balloting was the election of the persons whose names were reported by the committee, as delegates to said convention.

On motion of Samuel Toner, Esq., the delegates were au- thorized, in case any of them could not attend the convention, to substitute by written authority some one to act in their stead.

Cap. Bates offered the following resolution, which, after being discussed by Judge Wilson, C. C. Post and others, was unanimously carried :

Resolved, That our Delegates be instructed not to be tena- cious for any favorite candidate, but to use all honorable means in their power to nominate some man who iviU heat Hiram P. Bennett, or an other partizan candidate.

On motion of Capt. Wm. H. Bates, the Denver papers were requested to publish the proceedings of this meeting.

On motion the meeting adjourned until Wednesday even- ing, to receive the report of our Delegates.

Chas. C. Post, Sec'y. Dan'l S. Parmlee, Pres't.

July 18th, 1861.

Russell District.

LAWS OF JUNE 18, 1859.i

Be it Resolved.

That a district beg:iniiiiig at the month of "Willis" branch, including said ravine, from thence on the di- vide between "Clear Creek" and Russell ravine, thence on di- viding ridge to claims known as the Illinois Co's and from thence on divide to place of beginning be and is hereby consti- tuted an independent mining district to be known as the Russell Diggings and that the following rules be adopted for the govern- ment of the mines

Rule First

No miner shall be entitled to hold more than one Gulch or ravine claim and one mountain or lead claim, except by pur- chase or discovery and in case of purchase, the same shall be attested by at least two disinterested witnesses and shall be re- corded by the secretary within five days after the sale and the secretary shall receive in compensation a fee of fifty cents.

2nd Each mountain claim shall be one hundred feet in length on the lead and fifty feet in width. Gulch claims shall be one hundred feet in length on Stream and from bank to bank, except in flats or when there is no running water, in which case claims may be one hundred feet square.

3rd Each Hill claimant shall be entitled to one sluice or tom head of water provided it does not interfere with the quan- tity of water necessary to wash with Tom or sluice in the ra- vine, priority of claims always taking preferance.

4tli No claim shall not [sic] be good or valid unless it be staked off and the name of the owned appear conspicuously upon it, when claims are held by a Co. the name of each mem- ber must appear.

Manuscript found among the Teller Papers.

An inclined trough in which gold-bearing earth or gravel was washed.

Russell District 49

otli All claims shall be worked within six days from the time they are staked off, in case they are in a condition to be worked — otherwise forfeited — discovery claims excepted

6th Wben the member of a company shall be at work on one claim of the Co., the remaining- claims shall be considered as worked, by notice being posted eonspicuonsly npon them, and in case of notices being removed or destroyed when witnesses of the fact of notice having been posted cannot be obtained the oath of the party posting nch notice shall be taken as evidence.

Tth Each discovery claim shall be worked as snch and shall be safely held whether worked or not

8th Priority of claims when honestly carried out shall be respected

9th When disputes in regard to claims or other matters shall occur a meeting of the miners shall be called whose duty it shall be to attend, and when convened a chairman shall be chosen and a jury of six disinterested men appointed by the chair, who shall have power to decide said disputes and the chairman shall be empowered to administer oat[h]s to jurors and witnesses.

10th The secretary of this district shall be elected by the people and it shall he his duty to keep a Book in which he shall record all claims that may be presented to him for record upon the payment of a fee of fifty cents, and miners desiring their claims recorded must file with the Secretary a full written de- scription of said claim with date of staking etc. and such book shall be at all times subject to the examination of any miner and shall be used as evidence in cases of disputes.

11th The foregoing laws may be altered or amended by calling a meeting of the miners. Notice of the same being posted in at least three conspicuous places and three days in ad- vance

AUGUST 9, 1859. Resolved

That All claims now held by miners, shall l)e held good and valid by having them recorded before leaving the country or within six days after quitting work thereon until the fifteenth

50 Gilpin County Eecords

day of June next, and that any and all claims purchased or held by purchase where a valuable consideration is paid, by having the same recorded shall be held until that time and that all claims taken under the old and first laws of this district shall be held as valid to the owner or owners as Avhen taken Resolved

That the most natural marks belonging to each miner's claim together with the boundaries of claims adjoining thereto with name of the Gulch, Flat or Hill shall be a valid descrip- tion and lawful defining of claims upon record, and that no Ex post facto law shall interrupt or effect the right of the miners in their claims as they are now understood and located

October 8, 1859.

1st Resolved. That any person or persons driving a Tun- nell in said district shall be entitled to 400 feet in length and 300 in width as surface claim at the mouth of said Tunnel for Tunnel deposits

2nd All persons driving a Tunnel shall be entitled to 800 feet on each and every lead from the mouth to the terminus of said Tunnell and at any place or places that they may see proper to locate their claims on said leads not interfering with previous claimants.

3d It shall be the duty of all persons driving Tunnels to post notices giving their terminus and direction at the mouths of their tunnels.

4th The location of all tunnels shall be recorded together with their direction and terminus

5th Wlien tunnels are legallv located it shall be eonsid- ered that the tunnel company shall have a priority of right to locate their claims within a distance of 400 feet on each side of the line of their tunnel on all leads from its mouth to its termi- nus or on such portion of the tunnel as may be in this district.

6th Said tunnels shall be governed by the laws that all other lead diggings are governd by in said district. . .

' This paragraph was followed by a statement of boundaries. The statement was incorporated in the Lmvs and Regulations of July 28, 1860.

Russell District 51

March 24, 1860.

Resolved that Rule first of the Laws be so Amended as to read, Xo miner shall be entitled to hold more than one Gulch or Ravine claim one lonntain or Load Claim one Patch and one Bank claim, except they be Represented by him or agent in working on the same after the loth day of June next.

Resolved, That each miner may hold a Load Claim till the 30th of September next or till proper Machinery can be had to work them, and a Patch claim and a Bank claim untill water can be had to work them.

Meetixg At Russell'S Gulch.

At a mass meeting held in Russell's Gulch Oct. 21, 1859, Mr. R. R. Cowan was chosen chairman and J. A. Woodmancy secretary.

On motion, Messrs. Mark A. Moore, Edwin James, J. A. Woodmancy, F. Chase and D. C. Vance were appointed a committee to draft resolutions expressive of the views of the meeting and report the following preamble and resolutions, which were unanimously adopted:

\Miereas, the merchants of Denver and Auraria have passed certain resolutions fixing the value of our gold dust at fifteen and seventeen dollars an oz., and declaring their deter- minations not to receive it in exchange for goods at a higher value.

And, whereas, we the people and miners of Russell's Gulch are well assured that it is worth more, and feeling as we do, that merchants furnishing us goods have no right whatever after making their profit on their goods to speculate upon our dust, and feeling our entire ability by concert of action to protect our- selves, do, in mass meeting assembled, declare and resolve: —

1. That we condemn entirely the actions of the merchants of Denver and Auraria in this matter, and will not submit to their dictation.

Rocky Mountain Neics, Nov. 10, 1859, p. 1.

52 Gilpin County Records

2. That we will in all practicable cases absolutely refuse to do business with, or buy goods of, not only the merchants of Denver and Auraria, but all others who refuse to take our dust at the old prices of $16 and $18 per oz.

3. That we hereby pledge ourselves to support, as far as practicable, mountain dealers so long as they continue to take our gold at its value, and will if necessary aid and assist them in procuring goods, and freighting them from the States to the mountains.

4. That in case our mountain supplies should prove insuf- ficient for our wants, we will furnish means, provide teams and men, and obtain our supplies direct from the States.

5. That these resolutions are no idle threat to intimidate, but are the cool deliberation of determined men, and by them we will abide, and in their spirit we will act.

6. That a committee be appointed by this meeting to take the initiatory steps and make the preliminary arrangements for making these resolutions practicable and effective, and that they be requested to report progress at our next meeting.

7. That the proceedings of this meeting be published in the Rocky Mountain Xews.

M. A. Moore, E. James, J. A. Woodmancy, D. C. Vance,

Committee.

Messrs. John Mclntire, M. A. Moore, B. F. Chase, Edwin James and John Cochran were elected to compose the committee contemplated in the 6th resolution.

And on motion the meeting adjourned for one week.

J. A. Woodmancy, Sec'y. E.. R Cowan, Chm'n.

Russell District 53

Laws And Regulations Adopted July 28, 1860

At a meeting" of the miners of Rnssell District held at the Recorders Office on Saturday, July 21st, 1860, for the purpose of amending and revising the Laws of said District, J. T. Place was, on motion, elected chairman of said meeting. On motion a committee of nine were appointed to examine the present Laws and report to this meeting such amendments as they deem proper, on Saturday, July 28th, 1860, at one o'clock, P. M. The following gentlemen were appointed such committee: Messrs. Bntler, Leonard, Stafford, Fassett, Rogers, Lyons, Shaw, McBride and Koester,

At the adjourned meeting held on July 28th, 1860, Mr.

Wm. M. Baker was elected chairman, E. H. Rogers and

Koester, secretaries.

The committee appointed at a previous meeting reported the following code of Laws, which were adopted.

Wm. M. Baker, Chairman.

E, H. Rogers, (

-nr , Secretaries. Koester,

Boundaries of Russell District.

Be It Resolved, That a District beginning at the mouth of Willis Branch, including said ravine, from thence on divide between Clear Creek and Russell Ravine; thence on summit of ridge between Illinois Gulch and Leavenworth Gulch, the two rocky knobs on the divide being the line, extending past the mouth of Illinois Gulch to the Willis Branch ; and that three thousand feet on the North side of the ditch from its mouth to its head, shall be the North-West boundary. Said District to be knoAVTi as "Russell District."

' Russell District, Laws and Regulations of the Miners of . . . with the, lioumlaries, Court Rules, etc., adopted July 28th, 1H60. Denver, J. T., Rocky Mountain News Printing Company, 1860. This was found among the Sayre Papers, llie code was largely borrowed from the Gregory Dis- trict laws of February 18 and 20, 18(i0, but there are so many minor differ- ences that it seemed advisable to print the entire code.

54 Gilpin County Records

We, the President and Secretary of the Convention, held in Mountain Citj, certify the above to be a true copy of the boundaries of Russell District. Thomas Doggerty, Sec'y. Geo. W. Brizee, Pres't.

An Act in Relation to the Officers of Russell District Their Duties, Term of Office, and Fees.

Section 1. Be it enacted by the citizens of Russell Dis- trict, in Convention assembled, That there shall be elected by the legal voters here assembled, a Judge of the Miners' Court, a Constable of the District, and a President of the District, who, together with the Recorder of the District, shall hold their offices till the first Monday of June next, unless they shall sooner die, resign, remove from the District, or be removed from their offices for misconduct, by the citizens of the District ; and on said first Monday of June next, and annually thereafter there shall be an election held for the purpose of electing such officers ; who, before entering upon the duties of said offices, shall take an oath well and faithfully to perform the duties thereof according to the best of their ability. The Recorder shall be ex-officio Secretary and Treasurer of said District.

Sec 2. It shall be the duty of the President to preside at all public meeting of the citizens of the District when called for purposes relating to public business, and to preside at the trial of causes when required by law.

Sec. 3. It shall be the duty of the Judge of the Miners' Court, to preside at the trial of causes; also at public meetings in the absence of the President — and perform such other duties as the law requires.

Sec. 4. It shall be the duty of the Recorder safely to keep the Books and Records of the District, and to record and file all proper papers upon payment of his fees ; to act as Secre- tary at public meetings of the District, and to keep all moneys

' Mountain City, now parts of Central City and Black Hawk, was laid out by Captain Richard Sopris. He began to build the first house in the town on May 22, 1859. S'ee Bancroft Library MS., Sopris, Settlement of Denver, p. 6.

Russell District 55

paid into his hands by the Judge of the Miners' Court, to be paid over as directed by the citizens at some public meeting legally called.

Sec. 5. The Sheriff of Arapahoe County shall be vested with the same power by these laws, he has under Kansas laws, but the Constable of the District and his deputies shall be the proper executive officer of the Miners' Court, and is hereby vested with full power for that purpose.

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 w'hich 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.

EsTABLisiiiNf; A Miners' Court and Regulating Its Jurisdiction.

Sec. 8. A regular term of Court, to be known as the Miners' Court, shall Ix held in this District, in some convenient and proper place, upon Thursday of each week, at nine o'clock,

56 Gilpin County Records

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 issue 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

Russell District 57

own Clerk whenever it shall be necessary, and such Clerk shall have the usual jjowers of Clerks of Courts of Record.

Sec. 15. The Jury for each term of Court shall be drawn upon the Monday next preceding each tenn, 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 therefrom 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 Pkactice.

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 judginent 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 svim 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 judgiiiont for tlie relief demanded in the peti- tion.

Sec. 17. Tlic 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 tlie plaintiff may join

58 Gilpin County Records

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.

Russell District 59

Sec. 25. In all cases of replevin and attachment, the practice prescribed bj 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 sen'ice of a summons, together with other evidence tending to make either of said facts appear.

Sec. 26. Garnishee process may 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 causes 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 suit 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

60 Gilpin County Recoeds

out, and defined by the laws of this District, the common law rules shall apply as to such liability.

Tkial 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 tlie 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 ease no jury is called for, the cause shall be tried by the Court.

Sjec. 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

Russell District 01

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 tinal. 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 cause ; and in case they do not consent, said Judge or Judges shall select 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 each 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 w-as 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, tliat you will support the Constitution of the United States, and the laws of this Dis- trict, and that you will faithfully and honestly ])erform the du- ties of Attorney, according to the best of your ability."

Levy and Sale upon Execution. Sec. 48, There shall bo exempt from levy and sale upon

62 Gilpin County Recoeds

execution, all tools iiecesarv for one person to mine with, all clothine;, cookine; utensils and beddinff 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 axd Kuisaxces.

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 may affect the public health or convenience, shall be regarded as

Russell District 63

a imisance ; and the person or persons causing the same shall be liable accordingly.

Sec. 50. After any conviction for nnisance in said Min- ers' Court, if the said nuisance is allowed to remain for tweuv- 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 wnlfully 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

64 Gilpin County Records

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 conspicuous places, in said District, at least three days before the time of the meeting; and no meeting shall take action on any subject of general importance, unless such subject be speci- fied in such petition.

Probate Jukisdictioin'.

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.

Watek 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. ISTo person shall be allowed to cut 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 he adjudged giiilty 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 March, un-

Russell District 65

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.

Defixixg Claims.

Sec. 61. All miners may hold one gulch claim, one quartz or lode claim on each 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 l>e 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 giilch, 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 eases, 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 descril)ed 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

66 Gilpin County Records

the parties holding such claims. If building claim is the first on record, the mining shall be done in sneh 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. ISTo 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

Russell District 67

any papers for record thereon, and no record or filing thereon shall be valid. All claims shall be filed for record within six davs from the staking thereof.

Tunnels.

Sec. 70. Any person or persons driving a tnnnell in said District, shall be entitled to fonr hnndred feet in length and three hundred feet in width, as surface claim at the mouth of said tnnnell for tnnnell deposits ; and to eight hnndred feet on each and every lead from the month 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 tnn- 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 tnnnell, on all leads from its mouth to its termi- nus, or on such portion of the tnnnell as may be in this District. If the person or persons locating a tnnnell, shall fail to work the same for twenty consecutive days, after the first day of July next, they shall forfeit their claims to said tnnnell, but not to the claims they have discovered and held by virtue of discovery before the time of forfeiture.

Miscellaneous.

Sec. 71. Xo miner shall obstruct in any way the water running in Rnssell Ravine or tributaries, Ixitween 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 tlie claims below his own for tlie puqoose of drain- ing his claim; and each miner shall be required to cut a ditch through his own claim if he be benefitted thereby. No man shall obstruct the water to the injnry of his neighbor, above or l>elow, as is the custom of mining countries.

68 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., &e., 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 Kussell District, on

Saturday, July 28th, 1860 ; a copy of which is filed in my office.

C. S. Fassett, Secretary of Eussell District.

Bay State District;

Laws, Resolutiojs 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 19 th day of July AD. 1859

A. N. Parson Secretary

Laws and Regulations of the Bay State Iining 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 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 Gnlch instead of Mining,]

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

' Bay State District, Book A.

' In the manuscript the amendments were in the margins opposite the amended sections.

70 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 Recorder]

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-

Bay State District 71

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- oorded shall describe the same as lying on the ISorth 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 ]SJ"otice 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

72 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 creek and extending from Hill to Hill on either side

Sec 3d to read

ISTo 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 cut 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

Bay State District 73

Section 20 Added Any man can hold a discovery Claim of each kind by work- ing one of them

Section 21st added Xo 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

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 w-as 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 join- 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

74 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 : Wlien 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 Xorth 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 iSTotice in writing posted up in three of the most

Bay State District 75

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 Eesidance of W. F. Carev : 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 precmiit a Claim or Claims for anny man or men known or iK'lieved 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

76 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 DifRcuilties 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 J. L. Willson

M. L. Turner 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 ajoumed

I certify the a bove to be a tnie 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

Bay State District 77

Section 30 Eesolved 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 l>e 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 Avhich 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 tiy 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

M. Stormes Recorder J. S. Stone

Judge of the Miners Court H. L. Graham

Recorder of Bay State District August 6 1861 '

' See above pp. 18-33.

Eureka District.

First Resolutions.

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 sufiicient to include the Lake and Spring Gulch, cross- ing the mouth of jevada 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 Axd Is6I.2

At a meeting of the Citizens of Eureka District held at Mr. Otis's store on the 2nd day of ]\[ay 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.

Eureka District, Book B. The regulations bear no date, but the dis- trict was organized in July. 1859. Tlie first entry in Book A was made July 21, 1859.

Eureka District, Minutes of the Miners' Court, 1860 and 1861.

Eureka District 79

Willborn, Thos. Smitli, and George H. Goodwin as a Commit- tee, with directions to report at a meeting to be held on the 0th day of May 1860.

Meeting Adjourned Thomas Smitli Secy. John Taylor, Chairman

At a meeting of the Citizens of Eureka District held at Mr. Otis's store on the 0th 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 i-equested 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 Thos. Smith Secy. John Taylor, Chairman

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 200

For Recorder

Thomas Smith 141 Robert Wood 48

Dr. Goodwill 26

Majority for Smith over Wood 03 " " " "Goodwin iir,

80 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 claims, 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 claims" 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.

Eureka District 81

Both Committees were requested to report at an adjourned meeting- of the Miners to be hekl on Tuesday the 3rd day of July at 4 o'clock P. M.

Meeting- adjourned, Thos Smith Secv. Wm Park Chairman

Election returns. June 30th 1860

For Constable

J. H. Leavonworth

1.-1 C. J. Hoover

Robert Wood

73 L. Merrithew

John Swaney

60 P. Q. A. Fowler

Majority for Leavonworth over Wood 59

(( i( a

" Swaney 72

(C li i(

" Merrithew 125

i( a a

" Fowler 131

This is to certify that the above is a true and correct tran- script of the Votes poled this day at an election for Constable of Eureka District Central City June 30th 1860

' Vt tt- r Judges H AVood Clerk

J no. H. limse J

At an adjourned meeting of the Citizens of Eureka Dis- trict held on the 3rd day of July 1860 at Mr Otis's store, Wm 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 discussion ensued and the meeting was brought to a conclusion ])y a motion to adjourn Thomas Smith, Secy Wm Park, Chairman

At a meeting of the Miners of the Eureka District held at y[r. Merrithews House on the "Prosser" Gulch Mr Wm Park in the Chair, July 9th I860.

82 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 acc-ording 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 cause according to the evi-

Eureka District 83

'dence" and omitting the clause commencing with the words "of seven" and ending with the words "of the case"

Section 8. Amended bj substituting the words "Judge of the Miners Court" for the words "Justice of the Peace"

Section 9. Amended to omit last clause 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 11. Adopted without amendment

Section 15. do do

Section 16. Amended bv 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 "Judg"e 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 t-o read after the words "each offence" provided nevertheless that the provisions of this Section are not intended to apply to sawed Lumbei-" 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 out of the District) and the Constable is hereby authorized and empowered to seize with said process and timber Tx)gs 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.

84 Gilpin County Records

It was moved and seconded that "jSo 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 Thomas Smith, Secy Wm Park, Chairman

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 Gulch, 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 " 2 " Lyman Elmore

For " " 3 " John Wilson

It was then resolved that the Supendsors 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 j\Ir. John R. Staley for the appoint- ment of a board of Arbitrators to settle a dispute with regard

Eureka District 85

to a building lot, between J. A. Stalev and Jesse Ford the fol- lowing gentleman were appointed

:\LD. 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 Conrt. 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, Tirchase or preemption when recorded be held as vested rights

It was resolved that an election for President be held on

86 Gilpin County Records

Saturday next the 8th 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. MeritheVs 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 meeting — 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 vith sundry amendments adopted by the meeting was as follows

Sec. 1. Resolved That the Board of Arbitrators estaV

Eureka District 87

lished for the purpose of adjudicating all disputes that may arise concerning claims in this District shall hereafter consist of Three permanent members whose terms of Office shall con- tinue until the next general Election, and shall be elected by the Citizen of the District immediately 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 clothed 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 conven- ient and permanent place for holding their meetings, and that the Secretary of the District be, ex officio, clerk 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

Sec 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 offici- 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.

Sec 7. Resolved That either party upon the payment of all costs may have the benefit of an appeal to a Board of five Ar-

88 Gilpin County Records

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 Attoniey 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 he final

Sec 8. Eesolved 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 Coimty which said ser\'ice 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, Eesolved That all the Laws or Parts of Laws of

Eureka District 89

this District conflicting with the pro\4sions 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 codify ing all the Laws of this District said Committee to report to a miners meeting to be held on the first Saturday in October

Eesolved 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

Eesolved 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, Eussells, Lake Gulch, & Pleasant Valley Districts in accordance w4th Eesolution 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

90 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 Eesolution 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 Thomas Smith Secy. John F. Daggett President

Eureka District 91

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 Secy. John F. Daggett President

At a meeting of the Citizens of Eureka District held on Saturday Deer 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 not) 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

92 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 imanimously 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 presiilent 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 Gulches on the 2nd day of Feby. A D 1861 E. W. Henderson President in the chair

Judge Taylor ofi'ered 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.

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

Eureka District 93

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- mous.

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 tried 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 necessaiy.

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 Thomas Smith Secy. E. W. Henderson President

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 0th (hiy of Feby. A.D. 1861 J.H. Leavenworth in the chair

94 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 investiga-te 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 Deer. 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

Eureka District 95

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 beino- 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 perfonn 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 Leasee of the owner shall have a lien on the mining claim or quartz mill for his own work and labor so done 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 tlie 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 J. II. Leavonworth

Secy 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:

Gilpin County Records

For President 211 Votes Thos. Gettings Rowin

John A. Staley E W Henderson J. W. Stanton 20 " Scattering

And John Staley was declared duly elected

For Judge W E, Gorsline 231 Votes John Cree

C Tator 125 " Scattering

And W. R. Gorsline was declared elected

Thomas Smith N. D. Haskell J P Bonesteel J R Hambel

For Recorder 112 Votes E Holley 81 " W Bell

79 " C C Spaids 69 " Scattering

83 Votes 5 " 4 "

103 Votes 6 "

63 Votes 39 "

18 " 4 "

And Thomas Smith was declared elected

For Constable

J H Leavenworth 208 Votes Wm. Shepherd 89 Votes

J. C. Trotter 138 " H. K Peck 19

Scattering 1 ''

And J. H. Leavenworth was declared elected.

H. Berry A. P. Wright H. Crow J. P. Bonesteel O. C. Bugby A. J. Boyd

Board of Arbitrators.

218 Votes E.W.Henderson 82 Votes

176 " J A Haskins 57 "

150 " J H Alexander 54 "

109 " GWHarriman 52 "

85 " C Berry 13 ''

84 " Scatterino 5

And H. Berry, A. P. Wright and H. Crow were declar'd elected

306 Votes were cast against the Judiciary System

4 '' " " for do

Whole number of Votes cast were 475

Eureka District 97

We hereby certify that having been duly appointed Judg*?3 & Clerks of the above election that the above record is correct

Signed

James Bnrrell T Dwight Bee) 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 Grulches 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- Hon 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, levada 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 ISTorth 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

98 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 E'evada for the purpose of establishing the divid- ino- 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

''Eesolved that the legal rate of interest in this Distiict shall be three per cent per month except where parties nay 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 ]Ms- 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 Territxry 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 piin- 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 Gth 1861 at 3 o'ck P.M G. LeFevre Secy J. A. Stanley President

Eureka District 99

An adjourned meeting of the District was held in the Eureka Quartz Crushing Go'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 object 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 1 pi u W. Harriman I of

P. Q. A. Fowler J L. Hamilton J Election

Polls were then opened & continued open untill 6 p.m.

Votes assorted & counted — returns declared as follows to wit:

We the undersigned judges of election do find that the fol- lowing are the whole number of votes cast for each person

For President Louis Hamilton had 113 votes

"' J. Thatcher 3 votes

" Recorder N. D. Haskell had 117 votes

" " Charles Berry 35 votes

Whole number polled was 152

J. P. Clark

, !- uierKs

ner J

Judges

of

Election

J. B. Fitzpatrick Closed G. W. Harriman

Attest : N D Haskell L. Hamilton

100 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. Fitzpatricli 1 Judges L. Hamilton of

G W Harriman J 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 72 oclock P.M the time arrived meeting was called by the President ISTotice of meeting was then read by the secretary D. Haskell, Avhereupon 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 8Y2 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

Wliereas : 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 I7th 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 with the exercise of Judicial powers of the Court on Claims, or Board of Arbitrators; established for the purpose of Adjudicating all

Eureka District 101

disputes, that may arise concerniiii>; claims in the District, and the award of such Court of Claims shall be recorded and exe- cuted as provided bv the laws of Eureka District. Xo other work appearing Meting was adjouraed sine Die

Attest N.D. Haskell Sectv L. Hamilton Pres.

Laws Approved May 9, 1860

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. Wilbom, 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 ISJ'orth by Chase's Creek, on the East by Gregory District, on the South by Tew 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 tliat time, not

' Eureka District, Laws approved May 9, 1860. Denver. 1860. Tlie pamphlet was found anionfr tho Sayrc Papers. A mutilated copy is owned by the State Historical and Natural History Society.

102 Gilpin County Records

belonging thereunto, a public meeting 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 Thereto

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 feet, 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.

Eureka District 103

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.

Sec. 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 Eees

Sections 1-5 are the same as Sections 1-5 of the correspond- ing Gregory law, Section 6 shows a distinct variation.

Sec. 6. Be it further enacted, That the fees of the Re- corder shall be one dollar for each claim recorded, and one dollar for each deed or instrument in writing not exceeding 100 words, 'ith 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.

Sections 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.

Sec. 11. Bt it further enacted. That the President, Judge and Recorder shall each be required to give good and sufiicient 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

Section 1. Be it enacted by the citizens of Eureka Dis- trict, in convention assembled, That a regular term of a court, to

104 Gilpin County Records

be known as the Miners' Conrt, 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. ISTothing 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 shoAvn, 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 svicceeding 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.

Eureka District 105

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

Sec. 9. Be it fnrther enacted, That no canse 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 ho 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 Lew and Sale upon Exi:< irioN Section 1. Be it enacted by the citizens of Eureka Dis- trict in Convention assembled. That there shall be exempt

106 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 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 Containino 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, Tliat 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.

Eureka District 107

Sec. 4. Be it further enacted. That when one Lode crosses another, the o\\Tier 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, 1859

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, imless 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.

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.

Pleasant Valley Number 10 District 10!)

Section 6tli Be it Resolved that all claims now held by miners shall be good and valid bv recording- them, before leav- ing said mines, or within six days after quitting work thereon, until the 20th Day of June 18(10.

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 tho owner, or owners as when first laid.

Section 8th Io 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 5f 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 AID MIIiUTES OF MAY 19, 18G0 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, follo\v(Ml ])y a brief statement of the object of the meeting by the President upon wliicli tlie following business was transacted: On Motion of A. J. Alonroe Esq. a Committee of three was appointed to revise laws and prepare matter for the action of the meeting

110 Gilpin County Records

and after a motion of B. F. Chase, to question each member of said Committee upon their nomination was laid upon the table, Messrs A. J. Monroe, K. 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.

' 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

Pleasant Valley Xuaiber 10 District 111

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. Chs. 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 tlic District and mav be summoned in tlie same

112 Gilpin County Records

form and manner as in tlie Supreme Court, who shall proceed to hear the evidence and try the case. Both Pltff and Deft shall be allowed three peremptory challenges. Appeals may be taken from this court to the Supr, Court by the appelants paying the cost already accrued. Bonds shall be given before either party shall be entitled to an appeal to the Supreme Court to pay any judgment or cost which may be rendered against him or them in said Court. The verdicts of all Jurys, either in this or the Supr. Court must be unanimous.

Section 3rd The Sheriff or Const, shall have power to serve notices and executions and he shall have power to summon parties and put parties in possession of property deemed by law to be wrongfully withheld from them, to summons Jurors and to do such other services as a Shff or Const, in any other place may do and shall be entitled to receive double the legal fees pro- vided by the statutes of Kansas,

4th The Judge of the Supreme Court and the Just, of the Peace shall be entitled to five dollars for trying each case,

5th The Jury and witnesses shall be entitled to $2.50 each day for their services.

6th The defeated party in each suit shall be liable for all costs which if not paid within ten Days, the court before which said suit is tryed shall enter up JudgTiient of the same and forth- with issue execution which shall be levied on any property ex- ept tools. Bedding, Clothing and cooking utensils of said party by the Sheriff or Const, and sold at public sale after giving ten Days notice of said sale.

7th In all cases when suit is commenced the Pltff must give security for all Costs and in case he, the Pltff, fail to give the necessary security, the case may be discharged thereupon.

8th The fee of the Recorder shall be 50cts for each pre- emption claim and one Dollar for each Deed, Bill of sale, or article of agreement, also it shall be the duty of the Recorder to take charge of and safely keep all records heretofore made by his predecessor. All persons pre-empting claims and having them recorded must pay the Recorder within ten days after the

Pleasant Valley Number 10 District 113

time tliey are recorded, otherwise they forfeit their cLiim or claims.

9th Xo miner shall be allowed or entitled to more than one giileh, one Mountain or lode claim and one patch claim also one water claim, exept by purchase or discovery and in case of purchase, the Bill of Sale or Deed must be witnessed by at least two disinterested witnesses, which shall be recorded wdthin five days after the sale thereof if he is not working; the same.

10th ISTo claim shall be held as good and valid unless it be staked off and the owners name correctly written thereon, and when claims are held by Companies the name of each member must appear on the claim and be renewed as often as by design or accident they may be obliterated or destroyed, or else by hav- ing the certificate of preemption or Bill of sale or Deed of pur- chase recorded in the books of the District.

11th All claims shall be worked within ten Days after they are staked off in case they are in a condition to be worked, otherwise forfeited discovery claims exepted and also one pur- chased claim to each man, provided however that this Section shall not be so construed as to render it necessary when large companies have claims in one body that each particular one must be worked at the same time.

12th In all cases when claims are legally held by Com- panies but detached from each other by intervening claims, it shall not be necessary for said Company to work in each claim to hold them all provided the Co. are at work on one or more of theyr claims.

13th In all cases where claims are held by recording either by preemption or purchase the name of each member must appear on the record of said claim or claims.

14th Be it enacted that the owner or owner [s] of a claim or claims shall have the right of way through the adjoining claim or claims below to put in a ditch to drain his claim or claims, provided it shall be judicially located by three dis- interested miners. And if the owner or owners of the claims

' In the later copy the nvimber is three.

114 Gilpin County Records

through which the ditch passes shall stop or destroy said ditch, the damages shall be assessed by three disinterested miners and collected as other debts and fines.

15th No miner shall run tailings or throw waste dirt or rock upon the adjoining claims without permission of the own- ers of said claims exept such as will naturally run in the water from the Tom, Rocker or Sluice, when washing and then they will not be permitted to throw them out of the ditch upon the adjoining claim without leave of the owner of said claim, any one \dolating the pro\'ision of this act shall be liable to the in- jured party for the damages, which shall be assessed by three disinterested miners.

16th The President only shall have power to call an annual meeting on the first day of Septemler in each year and at such other times as the miners of this District shall deter- mine, whenever a petition of 10 Citizens, actual Residents,, shall sign a call to that effect, and no person shall be allowed to vote until he shall have lived in the District ten Days. The Presi- dent shall give three days notice of each and every meeting by posting three notices, one in each of the most conspicuous places in the District.

17th Be it enacted that any miner that in any manner obstruct the free passage of water to or from a Sluice, Tom or Rocker, or builds a dam that will back water on the claim above or cause the same to be built shall be liable to the injured party for the damages which shall be assessed by three disinterested miners.

18th And be it further enacted that either Plaintiff or Defendant in any suit commenced or pending in this District and to be decided by the laws of the same, shall have power to change or remove the said suit by change of venue or otherwise to the next nearest adjoining District for trial by filing an affi- davit before the Court and l>efore the Jury is sworn, that said court is a prejudiced party or an important witness in the case.

19th All records that are made after the passage of this act shall admitt of parole testimony provided there shall be any descrepancy in the Records.

Pleasant Valley Number 10 District 115

20th All acts or laws or part of either heretofore passed or in use in this District which conflict with any of the nineteen forgoing section are hereby repealed.

LAWS REGARDING LODE CLAIMS AND QUARTZ MILL SITES &c2

Acording previous notice of Meeting of the Miners of Plas- ant valley district No 10 convened at the house of W. S. Spear to adopt Som Laws in regard to Lode Claims And Mill prive- liges the Meeting Was Called to order by Chas Shetler, Pres. and, R. lontgomery Was Elected Secretary of Said Meeting the object of the Meeting was then Explained by Chas Shetler. Pres.

on Motion of R, Courtright a Comittee of three Should be appointed to draft Resolutions and Laws in regard to Mill previ- leges &c

W Scott ]

A. F. Dunshee Comitte appointed

Montgomery J

the Comitte then retired to draft resolutions to be adopted by the Meeting. Report of Committee was Adopted as followes

Whereas A. 1. adopted Resolutions Articel 2nd "

3rd

" 4th

" 5th " With amendments Carried as follows

Resolved that any Quartz Claim Which have been pre- empted or i)urchased during the past year or pre-empted or Pur- chased the present year Shall hold good untill the 1st day of June A.D. 1860 by Recording siiid Claim acording to the pres-

' The next entry in the manuscript is dated Oetolwr 30. 1800. For the sake of chronolojiy other material is here inserted. Another copy of the laws of May 0, 1800, witli slilit variations, owurs at a later point in the Teller Manuscript.

Minutes from this point through SeptemlKM 18(0, were taken from Pleasant Valley Numher 10 District, Records.

116 Gilpin County Records

ent laws of the district. Motined and Seconded that the meet- ing ajouren Carried

E.. Montgomery, Secretary F Howard Recorder of Pleasant Valley district IST 10

Pleasant Valley district No 10

Whereas the Succes of the country depends mainly upon the development of quartz Lods. & Whareas it requires Capital to intreduce the ISTecessary Machinery to Wit Quartz Mill &x?. &c therefore we as Miners & Cityesens deem it proper right & ISTecessary to offer Suitabell inducements to this Kind of Capi- tal, therefore be it Resolved first that any person or persons who will put up a quartz Mill this Season Shall be Entitled to 200 feet up and down the Gulch & 400 hundred feet Wide, for a Mill Site. & in case any Claim, for Mining, or house Claim Shall have been located upon Such Site, previous to the location of the Quartz Mill, Shuch Claim Shall be respected unless posi- tively required for Room, wdien Said Claim Shall be appraised by a Committee of three to be Selected by the president of the District. Which apprisement Shall be Paid to the owner —

2nd. Resolved that Quartz Mill Sites Shall have the pref- erance as to title & Water & no mining Shall be allowed upon Such Site Without Consent of the owner

3rd Resolved that 80 acres of Timber Shall be allowed for Each Quartz Mill, upon the claimants having the Same Sur- vayed Marked out & recorded in the district

4th Resolved that any Quartz Claims Which have Been pre-empted or Purchased during the past year Shall hold Good untill the 1st day of June A.D. 1861.

5th Resolved that the required evidence of the intention of Persons to put up Mills Shall be Working upon Said Site untill Said Mill is Erected & the intentions of these mils is that Xo one Shall take up Mill Sites for the purpose of Speculation

Walter Scott A. F. Dunshee R. F. Montgomery F. Howard Recorder of Pleasant Vallev District ISTo 10

Pleasant Valley Number 10 District 117

Notice Acording to the petition directed to me of Ten of the Min- ers, of this district for a Miners IMeeting to pass a Law Relative to Farming Claims in this district apoint a meeting of the Min- ers of this district on Monday Evening Angiist 20th at 7 oclock at Mr. Oldhams Store Lake Gulch Quincy City.

August I7th 1860 Plasant Vally district No 10

M. S. White Press

Law Regarding Farming Claims

Pleasant Valley district Aug 20th 1860

1 The house Was Caled to orter and H. E. Glazier Was Appointed as Secretary and the following resolutions Were adopted —

2d Resolved that a farming Claim in this District Shall be 160 acres

3d Resolve that a farming Claim Shall be Recorded and Ocgupide as Such in the (7) Summer Months in order to Make the Claim Good

4th That all persons actually ocuping and Cultivating a farming Claim Shall be entitled to the Timber there on Said Claim

M. S. White Press F Howard Recorder of Plasant vally H. E. Glazier Secretary

Pleasant Valley district Sept 4th 1860 We hereby certify that A. P. Williams was duly Elected Justice of the peace for Plasant Valley District No 10. on the 3d Sept 1860

H. A. Phenney A.H. Blair ] Edward Rolph I Judges

F. Howard Recorder of Plasant Vally District

Pleasant valley district Sept 4th 1860 We hereby Certify that F. Howard was duly Elected Re-

118 Gilpin County Kecords

corder for Pleasant Valley district No 10, on the 3d Sept 1860

H. A. Phenney A. H. Blair 1 pi Edward Rolph I Judges

F, Howard Recorder of Plasant Valley District

Minutes From October 30, 1860, To April 20, 1861

Pursuant to a call by Anson Ford Esq. President of Pleasant Valley District No. 10, for a meeting of the miners of said Dist. at the mouth of Elkhorngulch on the 30th day of Oc- tober A.D. 1860 at one oclock P.M. the meeting was called to order by the President, and Ben Dittes chosen Secretary, The President after reading the present laws laid them before the assembly for alteration and amendments.

Sections one, two, three, four and five were adopted with- out alteration.

On motion of A. McKaskall Esq. an alteration was adopted in Section six. — The time allowed for paying up costs in any lawsuit was limited from ten to three days and the time for giving notice of a Sheriffs sale from ten to seven Days. Section seven was adopted without alteration. On motion of G. G. Hop- kins Esq. the following amendment to Section eight was adopted. The recorder shall be paid invariably in advance, otherwise the party or parties shall forfeit their claim or claims.

On motion of the same gentlemen the follovidng alteration was adopted in Section nine. No miner shall be allowed or entitled to hold more than three (originally one) gulch claims by preemption.

Section ten was adopted without alteration.

On motion on Section eleven it was resolved that Discovery and purchased claims were exempted from being worked every tenth day.

Sections twelve, thirteen and fourteen were adopted with- out alteration.

On motion the words : '"by three disinterested miners"

' From this point the minutes were taken from the Teller Manuscript.

Pleasant Valley Number 10 District 119

were struck out iu Sections Fifteen and seventeen. Section sixteen was adopted without alteration. Section eighteen was struck out and tlie following substituted : Be it resolved that all claims shall be represented by their respective owners or their agents, otherwise the claims shall fall back into their normal state and be open for preemption. Section nineteen and twenty were adopted without alteration.

The meeting then on motion passed the following Resolu- tion:

Resolved that in the opinion of the convention one more magistrate ought to be created. Wliereupon A. McKaskall Esq, was nominated as Justice of the Peace and duly elected by ac- clamation. On motion the meeting adjourned s. d.

Ben Dittes Anson Ford

Secretary. President.

Pursuant to a call of A. Ford Esq, in compliance with a petition, signed by ten miners of P.V.D. lo. 10, a meeting was held on Monday, April 20th A.D. 1861 at the house of A. McKaskall Esq.

The meeting was called to order by A. Ford Esq and Ben Dittes choosen Secretary.

The Pres. then stated the object of the meeting, and then advised the miners to acknowledge the independence of the lower end of this Dist. and run a dividing line between the two Dists. Capt J. F. Hall then addressed the meeting and offered a motion which after several alterations was adopted as an- nexed below:

On motion of J. F. Hall Esq. the following Resolution was adopted : Resolved that : If the majority of the miners of the lower end of this Dist. wish to be sett off as independ- ent of Pleasant Valley District No. 10, we the miners of said District are willing to relinquish all our right and title of said lower end of P. V. D. No. 10, provided they will appoint a commissioner to cooperate with a commissioner, to be appointed

' At this point in the manuscript another copy of the laws of May 19, 1860, was inserted.

120 Gilpin County Records

on the part of PL V. Dist. No. 10, in running a dividing line between the District.

On motion of J. F. Hall Esq. — A. Marshall was nomi- nated as Commissioner on the part of PI. V. Dist 'No 10, to run a line on the lower end of the Dist. — and he was duly elected by acclamation.

On motion of A. MoKaskall, J. F. Hall Esq was nomi- nated as Justice of the Peace and duly declared elected by ac- clamation.

On motion of P. Howard Esq, the meeting adjourned sine die.

Be it enacted that the title to all Lode Mill and Kanch claims recorded in this District from and after the first Day of January, A.D. 1861 shall be regarded and held as perpetual, unless the owner shall by his indifference or neglect of them for the space of one year, proove that he regards them of no value or consequence, in which case his particular title shall cease and become null and void.

Ben Dittes Anson Ford

Secretary President

Quartz Valley District

Miners' Meeting.!

At a meeting of the citizens of "Quartz Valley District," held on the 5th day of Xovember, 1859, John King was called to the Chair, and F. Y. Howe was chosen Secretary.

A motion was then made — and carried — that a new dis- trict, to be known as "Quartz Valley District" be erected accord- ing to the limits prescribed in the following resolutions ; to wit :

Resolved, That we the people of Quartz Valley District, hereby enact and create a new district, to be known and called as hereinbefore stated — to be bounded as follows, to wit: On the North by the North branch of Clear creek ; on the east, by a north and south line, passing by Castle rock ; on the south by the divide between this and Eureka district; on the west by the Snowy range.

The meeting proceeded to the election of the following officers : William H. Hurlbut was elected President, and F. Y. Howe Recorder and Secretary of the district.

Laws were passed for the government of the district. The editor of the Rocky ]\Iountain News was requested to publish the proceedings and the meeting adjourned.

Wm. H. Hurlbut Pres't. F. Y. Howe Secretary.

Rocky Mountain News, Xov. 24, 1859, p. 1. ' The laws have not come to light.

Nevada District

Minutes, January 21— September 28, 1860

Nevada District R. M. Jan 21st 1860 Pursuant to call an adjourned meeting of Miners met at the Burrou[gh]s Tunnel House, for the purpose of adopting laws for their future government, and electing officers to fill all ofiices created, for the ensuing year. The Meeting was duly or- ganized by electing Dr. J. W. McCabe Pres. and M H Dale Sec. On call the chairman of Committee elected at former Meeting to draft a code of laws read their report. On Motion the report was adopted in a body except such articles as were objected to on first reading. On Motion Art giving privilege to Stake Claims for friends was so amended as to include only persons in the Mines. Art. 2nd was amended by Striking out all relating to garden and timber claims. The Art amended by the committee affixing penalties to any person or persons found guilty of removing, defacing or changing Mining Stakes so as to infringe on any other Mining claim was adopted as amended. Report as amended adopted as a whole. Meeting adjourned to 1 o.c. fixed time for opening poles.

Prest. J. W. McCabe Sect M. H. Dale

Saturday Feb. 4th 1860.

Pursuant to a call of the President the miners of New Nevada District met at the Tunnel house of Burroughs & Co at 4 O.C. P.M. the meeting being called to order the President stated the object of the Meeting which being this that J Beverly late Dept. Recorder Refusing to give up the Books to the pos- session of the late Recorder Elected under the New Laws of this District and for the Miners to take Some efficient means

The original entitled "Manuscript Proceedings of the Miners' Meet- ings of Nevada District in Gilpin County, from January 21, A. D. 1860, to Sept. 28, A. D. 1860," is the property of the State Historical and Natural History Society. It was presented to the Society by E. F. Wells.

12?

Nevada District 123

to place the old Records in the hands of the Recorder Elected and all so in refference to Art 14th which relates to the Timber Law of this destrict which prevents citizens of other Districts coming to this District and felling or hailing off timber but hav- ing no penalty attached the timber law then taken up and after a Short debate article 14th refurring to the law on timber was stricken out bv a unanimous vote the right of recorders was then taken up and after a short debate it was moved and sec- onded that J. Beverly give over all books and records belonging to the district which he held in his posession to R D Darlington and on motion being put was carried by a unanimous vote the meeting then ajoumed.

J. W. Fries President R. D. Darlington Sect.

Nevada District Feb 11th A D 1860

Persuant to call of the President of ISTew Nevada District the miners met at the house of J. R Beverly at 4 O. C P M the meeting being cald to order the object of the meeting was made knowen by the president reading the following Note dated Feb 6th AD 1860 President Fries the following members of the comittee framing the Laws of this District authorize you to call a meeting of the miners on Saturday the 11th of Feb at 4 O C P. M at the house of J. M. Beverly signed.

J W Bowls John Addis C Sulivan J W McCabe

The object of the meeting was to amend Articles 30th 44th & 47th of the Laws of this district all of which were taken up separately an Discust but on motion to amend ware severaly lost to amend and remain as first adopted.

J W Fries President R D Darlington Sect

New Nevada District Feb 29th A D 1860

Persuant to a call of the President the miners of New Nevada District met at the house of B Burroughs at early candle lighting on the evening of the 29th day of Feb A D 1860 for the purpos of apointing delegats to the convention to bo held

124 Gilpin County Records

at Mountain City March 1st AD 1860 for the purpos of Defin- ing the boundaries of Different Districts when upon motion

J W Fries R. D. Darlington Ira H. Morton wher chosen as the delegats to represent New IsTevada District in said convention.

after which on motion of I H Morton to amend Article 32nd of the laws in reference to the recorders fee for Recording so as to alow the recorder the sum of fifty cts per every claim recorded in place of 50 cts per every article under one hundred words which amendment was carried.

J W Fries President E. D Darlington Sect

ISFew ISTevada District April 14th 1860 on call of the Presi- dent with the usual notice the miners met at the house of B. Burroughs in ISTevada District for the purpose of considering the propriety of passing sum Law by which miners not having water convenient might be allowed to hold thare claims untill such could be procured but a majority thought the Laws were suficiently explicit so it was not discused President Fries ten- derd his resig-nation as President of the District on the ground that he was a bout to leave the District which was excepted and on motion of M H Dale a vote of thank was tenderd Presi- dent Fries for the able manner in wich he fild his office.

On motion of Mr. Thomas Giddings that their shall be a regular meetin of the miners of New Nevada District once in each month and to meet on the Last Saturday in each month and any person or persons woshing to have a called meeting can do so by paying in to the hands of the president five Dollars for to pay him for posting Notices for said meeting, which was carried.

On Motion it was resolved that the Justice should call an election for the purpose of election a President in the place of Mr. Fries resigned and as the Justice was not Present the re- corder should notify him of the proceedings of the meeting th meting then ajoumed J. W. Fries President R D Darlington Sect

Nevada Disteict 125

At a Meeting of the Miners of Nevada District held on Sat- urday the 28th of April I H Morton President the following resolutions were offered.

1st. Resolved that wee will Sustain E. D. Darlington as the recognized Reeorder of this District according to Laws Passed at the time of his Election as well as the laws passed at that time to wit Jan 21st A D 1860 Carried

2nd. Resolved that S. M. Link the Recorder elected pre- vious to R D Darlington Shall deliver to Said R D Darlington all the books Records and papers in his possession belonging to this District Carried.

3rd. A Resolution was offered bv Mr. Odell that persons bringing suits may at their option commence suit [before] either the Justice or president and if parties consider themselves ag- grieved shall be granted a change of venue to take the case before the President. Lost.

The following Resolutions were offered by Mr. Pitcher Whereas we the Miners of iSTew Nevada District wish to ad- vance the interests and promote peace harmony order and a good understanding between man & man and believing that the al- lowing Countemancing or encouraging of low Body Houses Grog Shops and gamboling Saloons to be degrading to the Mor- rals detrimental to the sway of peace and order and Disgraceful to the name and character of the District

Resolved that there shall be no Bawdy Houses Grog shops or Gamboling Saloons within the Limits of this District and any person or Company of persons bringing or keeping such nuisances within the limits of this District shall lay himself lial)le to a fine of $50.00 and be warned to discontinue the Same and if the nuisances is not abated the party or parties so violating this regulation shall be fined $50.00 and given five days wherein to leave the District and it shall be the duty of the Sheriff of this District to See that this law is inforced and one half of the fine for Such offence Shall he given to the Sheriff while the remaining half Shall be Deposited with the president Subject to the order of tlie miners in Mass Meeting Adopted.

126 Gilpin County Records

On Motion the meeting then ajoiirned to meet on the Last Saturday in May the time of the next regular meeting

I H Morton President R. D. Darlington Secretary

Monday May 14th 1860

Persuent to a cald meeting of the miners of lew levada District by the President on the request of A J Edwards the miners met at the tunnel house of B Burroughs at one 1 o c P M on account of absence of the president from the district Mr J Jones was unanimously chosen president protem the meeting being cald t-o order and after remaining open for sum time and No buisness being brought befor it a motion to ajourn being presented till the !Nex regular meeting by the president which was carried the meetin then brok up to meet May 26th the day of the next regular meting-.

John Jones P

R. D. Darlington Sect.

Nevada District Saturday May 26th 1860

Pursuant to a call of the President with the usual notice the miners met at the house of B. Burroughs in Nevada District I. H. Morton President and the following resolutions were offered.

1. Resolved. That to rule is a right exercised by all Free American Citizens, and in the absence of Civil Law, it is their Sovereign Authority to select men for, and adopt all needful and salutary rules for their Government.

2d Resolved. That all claims for mining purposes and building lots, taken in good faith or acquired by purchase under the prevailing laws of Nevada District, when not conflicting with prior claims, shall be taken and held valid, according to the Code of Laws prevailing at the time acquired, either by pre- emption of purchase.

3d Resolved. That in all Elections to be had, and deci- sions to be made, touching interests involved in Nevada District, the votes to be given or decisions made shall be by the actual resi-

Nevada District 127

dents or active operators of the district and that the laws of the district, be so amended as to accord with this resolution.

4th Resolved On motion of Mr. Giddings, that a com- mittee of five be appointed to collate & bring together all Laws now in force in this district both old and new and submit the same to the next regular meeting for approval.

I. H. Morton

S. Link

John Jones I Committee

E. D. Darling-ton

S. M. Link

5th Resolved. That all claims made by purchase in good faith, shall be held as real estate till the 1st of Jvme 1861.

6th Resolved. That all dry claims shall be securely held, until water can be procured so that they may be worked with profit and advantage.

7th Resolved. That the judgement of the Miners Court in favor of Thos. C. Giddings against A. J. Edwards and others, heretofore rendered by said Court, be & the same is hereby de- clared to be confirmed and ratified by this meeting and is hereby declared to be final between the said parties.

8th Resolved. That whereas it has come to the knowledge of the miners of this district that a certain Mrs Shields has been forcil)ly driven from a claim which she held and worked last summer, therefore we the miners of this Nevada District award tlie claim to Mrs. Shields and deprecate all such forcable means of taking possession of claims.

9th Resolved. That all roads and streets now laid oiT and worked by the people of this district and that may be hereafter laid off and worked by said people shall be recognized as legal highways for public travel.

The above resolutions being adopted the meeting was ad- journed to meet on the last Saturchiy in June 18(50.

I. TI. Morton, Presd, R. D. Darlington, Secy.

128 Gilpin County Records

Ievada District.

Saturday July 14th 1860 at a Call meeting of the miners of Nevada District July 14th 1860 Ira. H. Morton President of said District Presiding. S. M. Link offered the following Resilution.

Resolved That while we Recognize the Settled principals of Law as a Rule By which Americans Should be governed we deprecate all attempts that has a tendency to create discord Contentions or litigations unnecessarily and in the future we the miners of JSTevada District declare that all attempts to cut down or take the Legal and Equitable Rights of Miners or Claim Holders when Clearley secured by previous Existing Law Shall be Considered incendiary and Revolutionary and all persons so offending shall be considered as ineligible to any of the Rights and privelages Secured to Miners and Claim holders by the Laws of this District. An amendment to the above resolution was offered by Mr. Burris. The President declared the first Clause of said Amendment out of order Aii appeal was taken to the miners upon decission of the President, and the discision of President in declairing first Clause of said Amendment out of order sustained. The Amendment was then withdrawn by Mr. Burris. S. M. Link then moved the adoption his resolution which was carried Mr. Bowles then offered a resolution which was lost and withdrawn There being no further business before the meeting on motion it adjourned to the next regular meeting.

R. D. Darlington Secy By G. W. Hart, Deputy.

levada District, Saturday July 28 1860.

At a regular meeting of the Miners of ]S"evada District held July 28 1860 Ira H. Morton President Presiding.

John Jones as one of the Committee appointed to compile the Laws of Nevada District asked for further instructions. On motion the said Committee was granted until the next regular meeting in which to make a report. On motion a Practice Act for New Nevada District was offered read and refered to codi- fying Committee with instruction to revise and report at next

Nevada District 129

meeting. Mr. Miner [ ?] then offered the following Resolution, "Resolved bj the Miners of Nevada District in Council as- sembled, that in all cases when the president or Justice are in- terested parties in any suit or cause of action, or where an affi- davit shall be filed before any officer of this District, setting forth that the party applying cannot in his opinion obtain a fair and impartial trial of any cause in which he may be interested The said party may bring his action before the Judge or Presi- dent of the other District the papers certified to and sent out of the District and the judgement rendered therein shall be as final and conclusive as if rendered by any competent officer of this District" On motion the above resolution was laid on the table on motion of Mr. Bowles the meeting adjourned.

A. D. Darlington Secy By G. W. Hart, Deputy.

N"evada District Aug 25/60

At a regular meeting of the miners of Tevada District held at the Recorders office in said District on Saturday Aug 25 1860 Dr. Mann Brest in the chair the following resolutions were handed in

Whereas greater security should and ought to be given to miners and claim holders in Nevada District touching the right and tenure of mining claims. Therefore Resolved. That all claims preempted in good faith and all discovery and purchased claims of every description held in Nevada District shall be taken and held as real estate but all claims declared real estate by this resolution shall at least be represented by the claim holder or his agent and on a failure to represent a claim taken and recorded according to the laws and regulations of the Dis- trict for the duration of one year at any time shall work a for- feiture to the title and the same may be preempted and Avorked as though no prerious right had existed — Carried.

Mr. Link offerred the following:

Whereas, the I>ode claim miners and owners of the same have been very seriously damaged by the water brought on Quartz Mountain by the Consolidated Ditch Company and

130 Gilpin County Records

whereas the great interest of Nevada depends on her facilities for working her gold bearing claims — Therefore Resolved That we the mine and lode claim holders of Nevada District having been greatly damaged & the heaviest interests of the District sacrificed on account of the seapage and flow of water proceed- ing from the water ditch of the Consolidated Ditch Company and that the damage is so great that forbearance vtdll prostrate our best mining interests and reduce to the necessity of stopping mining operations or abandoning the best of claims.

2nd. Resolved — That the Secretary respectfully inform the Consolidated Ditch Company that Nevada District desires to cultivate amicable relations with said Company and to pro- mote the best interests of the Miners generally but that the griev- ance above referred to is prostrating and sacrificing the heavi- est interests of Nevada and that they be requested to cause the same to abate.

Resolved — That in case the Consolidated Ditch Co. fail to remove the nuisance complained of in the first resolution that a committee of 10 persons be appointed by the President to abate the nuisance and that we pledge our aid if necessary in the exe- cution of the same. (Carried) Meeting adjoumd to Sept. 1.

R D Darlington Secy

Nevada District Sept 1st 1860

At a meeting of the Miners of Nevada District held at the ofiice of the Recorder of said District Saturday Sept 1 1860 the following report was presented and adopted

To the miners of Nevada District in Mass Meeting assembled

Your committee to whom the resolution on the subject of making claims of discovery of purchase or by preemption in Ne- vada District Real Estate would report the following in lieu of the original to wit

Resolved that all claims preempted in good faith and all discovery and purchase claims of every description held in Ne- vada District shall be taken and held as Real Estate in fee simple from and after the passage of this Resolution provided

Nevada District 131

that all claims before tliev shall be considered as Real Estate shall if not already recorded, be recorded in the Recordins; Of- fice of Nevada District which Record shall clearly define the position and location of the claim and the person holdins: such claim shall set up stakes or mounds at each corner of his claim if a building or mill claim and a post or stone defining the cen- ter at the ends of each claim defined as lead claims also a stone or stake well driven in the ground at the corners of all ptch or surface claims and Gulch claims.

Amended in so far as relates to preemption claims by re- quiring that they be dug into to the crevice (Carried)

It was moved and seconded that The President and judge of the miners Court be the authorized officers to take the ac- knowledgements of deeds for Real Estate in this District. Re- solved that for taking all acknowledgements of deeds the fee shall be 25 cents (Carried)

It was moved and seconded that the laws of Nevada be so amended as to read. That the regular meetings of the District be two each year — viz on the last Saturday in October and May (Carried)

R D Darlington Secy

Nevada District Sept 28 1860

At a special meeting of the miners of Nevada District held at the office of the Recorder of said District Sept 28 1860 Dr. Mann Prest in the chair, the following resolution was presented to the meeting —

Whereas we are informed that certain interested persons of Spring Gulch are desirous of obtaining a portion of this Ne- vada District it is therefore Resolved — That the setting oif of the portion of our District claimed by Spring Gulch would de- prive us of one of the best portions of our District embarras our records oppress our miners by new records and laws and dimin- ish our prosperity by losing control of the Gulch Stream on which we as miners depend for success

Resolved that we as miners and citizens of Nevada District will resist such invasion in any manner to the extreme of oppo- sition (Carried)

132 Gilpin County Records

The following Preamble and resolution was then intro- duced by Mr. Morse & then acceptance moved and seconded

whereas a call for a meeting of Districts and an Election is published to be held in Spring Gulch on Saturday 29th in- stant to form a new District thereby cutting the territory mainly from Nevada District much against the will of a ma- jority of the Miners therein and detrimental to their interests therefore

Resolved That we deprecate & condemn any attempt to change or restrict the present line of any District as established by the convention of Districts held at Gregory in March 1860 further

Eesolved that a committee of 12 be appointed to attend said meeting in Spring Gulch to represent the will of the Min- ers of this District by opposing all measures tending to a change of any boundary as established of Nevada District or cutting off of any portion of the Territory thereof — (Carried)

The following named gentlemen were then appointed on said Committee

E. M. McCook T. C. Giddings

E. D. Darlington John Jones

J D Wood J. W. Hamilton

E. D, Thompson C. Newcomer

Dr. Mann Col Gest

H. A. Johnson H. B. Morse

On motion the meeting then adjourned.

E. D Darlington Sec

Adjourned from Septr to Oct

At a regular meeting of the miners and citizens of Nevada District held at the Eccorders OiSce, the following resolutions were offered and carried.

1st. Whereas greater security should and ought to be given to miners and claim holders in Nevada District touching the right and tenure of mining claims. Therefore Eesolved that all claims preempted in good faith and all discovery and pur- chased claims of every description shall be taken and held as

Nevada District 133

Real Estate, but all claims declared Real Estate bj this resolu- tion shall at least be represented bv the claim holder or his agent, and on a failure to represent a claim taken and Recorded according to the laws and regulations of the District for the duration of one year at any time shall work a forfeiture to the title and the same may be preempted and worked as though no previous right had existed.

2nd. Resolved, that all claims preempted in good faith and all discovery and purchased claims of every description held in Xevada District shall be taken and held as Real Estate in fee simple from and after the passage of this Provided that all claims before they shall be considered as Real Estate shall be opened to the crevice and Recorded in the Recorders office of Xevada District which record shall clearly define the position and location of the claim, and the person holding such claim shall set up stakes or mounds at each comer of his claim if a building or mill claim and a post or stone defining the center of the ends of each claim defined as lead claims, also a stone or stake well driven in the ground at the comer of all patch or sur- face claims and gulch claims.

3rd That the equity of redemption on all mortgaged prop- erty shall extend sixty days from the time sale imder foreclosure and that the mortgagor may retain the possession of such prop- erty after the sale by executing to the purchaser a good and suffi- cient bond to be approved by the court under whose decree the property is sold in double the amount of the purchase money, conditioned that he will redeem the property within sixty days and pay interest on the same at the rate of twenty five per cent per annum.

4th That no person shall be allowed to slaughter an ox, sheep or other animal within the bounds of the City of Nevada or nearer than i/l of a mile from the Gulch Stream and any per- son violating this law shall be fined $50,00 for each offence.

5 That the several Butchers of Nevada be notified by the Sheriff to bury or remove to the distance of 1/4 of a mile from the Gulch Stream the offal accumulated by them within 6 days from notification under penalty of $50.00

134 Gilpin County Records

6 That the President and Judge of the Miners' Court be the authorized officers to take the acknowledgement of deeds for real Estate in this district. For all acknowledgements the fee shall be 25 cents

7 That hereafter, parties to a suit shall not be competent to testify in their behalf unless th6[y] first file an affidavit with the Court, stating the facts they expect to prove, and that they cannot be proven by any other person within the jurisdic- tion of this District, as of their knowledge.

8 That the laws of Nevada be so amended as to read, that the regular meetings of this district be two each year viz, the last Saturday in May and October.

R. D. Darlington Secy.

Ievada Gulch.1

Nevada, Nov. 16, 1860. Editors News: — For ten days past the utmost effort has been made by the mill-owners of this gulch to obtain a supply of water from the Consolidated Ditch, which, I am sorry to say, has not been crowned with the success it so well deserved. Par- ties of ten, twenty and thirty men have gone out along the diteh almost every day for a week past, to clear the bed of the ditch, and have frequently stopped over night amid the snows of the mountains ; and, at one time, while the weather was so genial in the early part of the week, our hearts were gladdened with the report that the water would soon be in the ditch ; but I regret to say we are all again disappointed. An icy hand is laid upon us, and I think we will now have to give it up for the win- ter.

A few of our mills are running from water from the gulch, and their own wells, and sucb as are running are doing well; but the majority are not running, having to depend on the ditch for their water.

An association of mill owners in this gulch is about to be

Rocky Mountain 'News, November 21, 1860, p. 2. Unless designated by the word daily, the reference is to the weekly paper.

Nevada District 135

formed, for the purpose of mutual counsel and advice. I am told it will also have a sort of literary tendency, as a large sup- ply of papers will be received weekly. Last night, while in Van- deren's Express Office, I noticed a large package of exchanges, which, on inquiry, I learned was a donation from the Neivs office, to the prospective institution. Good for you.

Last Saturday our last miner's meeting for the season was held here. A codified copy of the laws of the district was read and adopted, and ordered to be printed. A law was passed al- lowing the equity of redemption on all mortgaged property for six months after sale, upon certain restrictive conditions. Of course this does not apply to mortgages heretofore given. A resolution was almost unanimously passed, declaring against the Appellate Court as recommended by the Central City con- vention, and that it was inexpedient to hold any election for the officers therein recommended, on the 20th inst. A few minor resolutions, relating to sanatory regulations, were then passed, and the meeting adjourned until the last Saturday in May, 1861. A fine Opening Ball was given in Squire Morton's new Hall here on Wednesday evening, which was numerously at- tended by the young and gay of our little city, and all passed off very pleasantly. I am told it is the intention of some of our prominent citizens to have such festive occasions every two weeks, where they may for a while forget that our mills are stopped, and our treasury about empty, and enjoy for a brief period the social amenities of life.

The Sons of Malta, under the able generalship of Horatio B. Bearce, Esq., are doing a flourishing business in initiating the miners into the Arcana of the Order ; and they are rapidly rising to that importance which they have everywhere attained. Being as yet uninitiated into their mysterious rites, I can only judge of what they do at nights, by the sounds of martial train- ing I often hear while going by their Hall, and a loud and vehe- ment request, oft times repeated, to have something or other "recorded." Dick Darlington, our able recorder, had better look out, or the Sons will do all the recording in tlie gulch.

136 Gilpin County Records

Within the past two months a good deal of improvement has been going on in this gulch. IsTew Stores have been erected, and are now filled with stocks of goods. Conspicuous among the rest is the branch house of Hawk & Nuckolls, whose stock is ample and constantly replenishing, and whose business here is transacted by that affable, obliging and gentlemanly fellow, E. Sheldon, to the satisfaction of all who deal with the firm.

During the few days of mild and genial weather we had this week President Mann rallied his forces and went at the roads with hearty good will, and his efforts in that way have resulted in great and much needed improvement.

Several of the mills have changed hands within the past month, and many shares are being sold out, generally at an advance, I hear. I will have particulars next week.

The Miner's Court is doing a big business at present, as might be expected in times of such financial depression. Four or five suits a day are about the ordinary number on the docket. There is now pending some difficulty between the officers of this district and those of a district known as Spring Gulch the lat- ter having claimed jurisdiction over part of the territory allotted to IvTevada, in the convention of districts last March. I have just been told that a writ of arrest has issued out of our court for the officers of Spring Gulch, for contempt of court; so we may expect lively times among the lawyers, of which more anon.

Gambling, which for a while prevailed in this place, has now almost entirely ceased. The gamblers could not live as we have to — on hope — and so have cleared out to a man.

The weather is tolerably pleasant. Snow lies upon the mountains, but we have had some beautiful days during the week, which have been to us like the smile of an angel breaking through the dark clouds which overhang our business prospect's.

Your "Daily" is a great institution to us, away up here in the mountains, especially in these election times.

Yours truly.

Spectator.

Nevada District 137

From Nevada.

Nevada, Nov. 20, 1860.

Editors News : — The result of the diffieultv between the officers of this and Spring Gulch, which I mentioned in my last letter, was that Judge Bond was arrested and brought up here, for contempt of Court ; and after a lengthy trial, which lasted till three o'clock in the morning, the jury brought in a verdict of $50 damages and costs. After a series of windy speeches from the gentlemen of the law, the Court, remitted the fine and costs, and Judge Bond, I understand, went off, promising to let Nevada alone for the future. This was, in my humble opin- ion, a very farcial termination to a trial for a very aggravated offence.

On Friday last there was a Masonic funeral in Central City — that of Mr. Berry, brother-in-law of Mr. Haman, of the Haman House. The ceremonies were admirably conducted by Mr. Andrew Mason from Chicago. A Masonic Lodge will be formed in this place as soon as a Dispensation can be obtained from Kansas ; Mr. Andrew Mason to be the Master.

F. M. Rublee, a prominent citizen of this district, died here last night. He was from La Crosse, Wis., and was much rfpected by the citizens of the gulch.

To-day we are having a sort of election here, to determine whether there shall be a new Judiciary system and an Appellate Court, &,c. There has been comparatively little excitement, the majority of the people regarding the election as a sort of pleasant pastime, got up to beguile the weary hours of a winter's day. The judges of election are now engaged counting the ballots, and I may be able to annex the result to this letter. A great many have acted upon the decision of the miner's meeting last Satur- day, and regarding the election as illegal, have not voted at all.

Yesterday snow fell all over the mountains, to the depth of about ten inches. The weather to-day was warm and ])l('as- ant. To-night the thermometer is 10 degrees below zero, but it don't feel near as cold as it would in the States at that iigiire.

Daily Rocky Mountain Neics, Noveiiibor 2(1, IHfiO. p. 2.

138 Gilpin County Records

Some of the mills are running from gulch and well water, and are doing well. Great numbers of miners are at work upon their claims, and will continue to get out quartz nearly all through the winter. Provisions beiig plenty, and compara- tively cheap, the miners will make good headway, those who have good claims, this winter. The supply of good paying quartz is not equal to the demand for the mills, but a large quantity will be accumulated during the winter months.

The following is the result of the election in levada:

Against Jud. For Jud.

At Upper Polls 264 T9

At Lower " majority 32

Majority against Judicial 217

It is reported here that the other districts have voted against the system.

Spectator.

FROM NEVADA GULCHi

Nevada City, Jan. 15th, 1861.

Editors News : — At present business is rather dull, in con- sequence of cold weather, which I hope will not last long. There is considerable interest manifested at present in regard to the coming election, as it is a very important one. Among the most prominent candidates are James Castello, for Judge; J. Bowls, for Sheriff, and J. L. Prichard, for Recorder, all of whom are well qualified to fill their respective ofiices if they are elected.

I have just returned from a visit to Union District, which has recently been organized, it is situated about sixteen miles South-west of Nevada, in a direct line with the Kansas and Burroughs' leads. The beautiful stream of Clear Creek courses its way through the center of the district, and on either side is a beautiful plain, on which is laid out the town of Empire City, which promises to be one of the best mountain towns in our Territory. The code of laws adopted by the miners of the dis-

Daily Rocky Mountain Neivs, January 19. 1861, p. 2.

Nevada District 139

trict, speaks well for their intelligence. Mr. Coles — lately elected Judge of the Miners Court — is a man of sterling worth, and has been a successful prospector in that vicinity. He is the discoverer of the famous Empire lead. Mr. Ball, the re- corder, is a man "after mj own heart," and is calculated to make the stranger, who visits that district, feel at home.

More anon. Tuscarawas.

From Nevada*

Nevada City, Jan. 22, 1861.

Dear old News: — I have not written you for some days, from the simple fact that very little of importance in mining news has transpired in this section. The election for officers in this District for the next year took place on yesterday, and a very exciting time we had of it. We only had some four offices to fill, and at least fifty hungry applicants for them. Of course the whole strength of the district was brought out — some seven- teen hundred votes being polled. About four hundred votes was the highest received by any one candidate. D. J. Leversee, of the Quincy and Chicago Mill, received the highest number of votes for President of the District; Wm. Train Muir, for Judge of the Miners Court; R D. Darlington re-elected Re- corder, and Jos. W. Bowles re-elected Sheriff.

This election was not altogether satisfactory. Evidently a large number of fraudulent votes were polled, and an effort is now being made for the purpose of a new election. With such a host of candidates, of course whiskey was free — and as a con- sequence, there was more drunken men, and more fighting on this one day, than I have heretofore seen in the Mountains — and no one seriously hurt.

From Nevada Gulch

Nevada City, Feb. 2d. 1861. Dear Old News: — The idea of sitting down to write a let- ter, by a novice in letter writing, when he has nothing to 'write

Daily Rocky Mountain News, January 25, ISfil, p. 2. Daily Rocky Mountain News, February 6, 1861, p. 2.

140 Gilpin County Records

about is to say the least highly absurd, and ridiculous, in the extreme, and this I fear is the unenviable predicament in which your correspondent now finds himself. The bloody affrays in our sister city up here in the mountains, you have already been posted on, that is of two at least, the third which transpired on last Thursday, in Central City I have seen no account of. Cen- tral City was thrown into a high state of excitement, by the re- port of a most foul and bloody murder, the evening previous, two men and two women were seen together on the streets by some of the goodly citizens, — an altercation took place between the men, two shots were fired, one of them was seen to fall, the other made good his escape — the women were seen to carry the man off, but such was the fear of the spectators, or from some other cause, no steps were taken either to pursue the man or follow the women. In the morning a pool of blood was seen in the fatal spot — the orderly and law-loving citizens were justly indignant. Some steps must be taken to ferret out the mur- derer. A miners' meeting was immediately called. An old friend and staunch citizen, Harrison Gray Otis, was called upon to preside, and Capt. Leavenworth, Secretary. The object of the meeting — the horrid deed which had been committed the night previous, was feelingly and forcibly stated.

A Committee of fi-ve was proposed, afterwards increased to ten of the most prompt and energetic citizens, to act as a Vigi- lant Committee, to ferret out and bring to light the gulity par- ties. In the mean time, the meeting was adjourned to meet again at the Court House, and hear the report of the Vigilant Committee — for a time various and exciting reports were rife on the streets of Central City, and from thence carried all over the mountains. By and by, the Vigilant Committee began to smell a mice, the two females were tracked, traced to their hid- ing place, and on strict examinaton and lawful information, were found to be a couple of youngsters on a lark, and the big pool of blood supposed to be human gore, came from the butch- er's shambles. The Committee have not as yet reported, and the miners' meeting has not been called.

Here in our district, the miners have again assembled on

Nevada District 141

last Saturday, to take further action in regard to our late elec- tion, and did by a very large majority declare the previous elec- tion null and void, and our President in compliance with the wishes of the people, has ordered another election, to take place next Tuesday. Judges, Clerks and Challenging Commit- tees were appointed by the people, and if they all do their duty, we will this time have a legal election. Three out of the four officers elected were satisfied, of the illegality of the previous election, and were willing to resign, or have a new election, and take their chances before the legal voters, but the fourth, I pre- sume knowing that he had practiced "skulduggery" in his elec- tion, and desiring to hold on to the fees and emoluments of the office, for which he had so striven, was unwilling to go into a new election. Judging from the course he has pursued in this matter, and from the general opinion of our best citizens, his chances for a legal election at the hands of the citizens of this district are very slim, however time will show, and Tuesday is not far off.

From Nevada Gulch

Nevada, Feb. 18th, 1861. Editors News : — It is now a long time since I have written you, and I suppose I owe you many apologies for my apparent neglect, — but we have had an annual election here lately, or rather two annual elections, and I have done my share of elec- tioneering. The result of the regular election, January 21st, 1861, was the election of D. J. Leversee, President; Wm. Train [Muir], Judge of the Miners' Court; Richard D. Darlington, Recorder, and Joseph W. Bowles, Sheriff. One thousand six hundred and thirty-nine votes were then polled ; the law of tlie district allowing any person owning a claim to vote, although not an actual resident of our gulch. A few soreheads, abetted by some penniless individuals, who now facetiously term them- selves "mill men," got up an excitement, and got a new election. The Secessionists strove with the desperation of dying niou, but they were again beaten — the result of the new election giving

Daily Rocky Mountain News, February 20, 1861, p. 2.

142 Gilpin County Records

a majority to the old officers. — The enthusiasm of the people knew no bounds on the evening of the last election ; bonfires were lit up on the hill above ISTevada, songs and speeches were made by various prominent citizens, and a fine serenade given to the Judge elect, against whom the malice of the secessionists was mainly directed. We noticed our old friend Ira H. Morton, although himself a former candidate for Judge, striving nobly for the right, and earning for himself "golden opinions from all sorts of people." Well, the excitement is all over now, the battle has been fought hard and fairly won. I will not make any remarks on the letters of your correspondent "Gunny Bags" regarding this election, — they are well known, and properly appreciated by the citizens of this gulch, who know the former relations of Gunny Bags and the man he has tried to slander. I pass him by in silence, leaving his own conscience and his in- gratitude to be his companions in the future.

From Nevada District

Nevada City, April 2, 1861.

Editois News: — We had the pleasure of a short business visit from friend Goldrick to-day. He comes at a good time to get a big lot of new subscribers, for the citizens here generally are disgusted with the Mountaineer, and are daily making up their minds, like the citizens of Union district, to afford that sheet neither aid, comfort, nor support.

On Monday last the new district, comprising Central City and vicinity, was laid off by the Commissioners appointed by Nevada and the new district. The new district takes in all that part of our territory commencing at the dry sag on the Eureka side, immediately west of the Express stables, running thence a straight line south, intersecting Chapezes' cattle yard, and crossing Nevada Gulch a few feet above the old dam. The new district takes in three steam mills, namely, Lyon, Pullman & Co.'s, Scudder's and Parker's formerly in our jurisdiction. The survey was made by Mr. Charles P. Marion, the engineer of Nevada.

' Rocky Mountain Netcs, April 10, 18G1, p. 4.

Nevada District 143

On Friday night a meeting of the citizens was held to ap- point a committee to regulate the streets and highways of Ne- vada— A. E. Guild, Chairman, Chas. P. Marion, Secretary — at which three commissioners were appointed, Mr. Kelly. I. F. Allom and I. M. McKeen. By a vote of the meeting, the com- missioners and the engineer were authorized to clear and grade the streets, and construct a road to Central City, the commis- sioners to act in rotation and receive for each day's actual sen'- ice $3 — the engineer to receive $10 a day when actually em- ployed— the necessary funds to be raised by subscription. This is a good and much needed work of improvement, and I hope will be liberally supported by all of our citizens who are in- terested.

As spring time returns, we are pleased to notice the return to our gulch of many prominent citizens, among whom we last week welcomed home C L. Ely, of the Kenosha mill, and 0. P. Sykes, of the LaCrosse mill, both of whom are largely interested in our gulch.

Mr. William W. Coats died in Eureka on Saturday, of congestion of the lungs. He was 22 years of age and from Irv- ing, Benton county, Iowa, a young man of fine attainments, and generally esteemed. His remains were buried here, followed to their last resting place by a large concourse of Good Templars, of which order he was a consistent member. In this connection I regret to learn that the chief officer of Good Templars' Lodge here has resigned his membership, to save himself from being expelled. I hope his conduct will not affect or interrupt the great and good work of reform going on in our district. In my whole experience I have never known so much good done in so short a time as has been done by the Good Templars of this place, and I do hope the good work will go on until many more, now held in bondage to King Alcohol, will be forever emanci- pated and redeemed.

I have been unable to gather any mining news of any great importance since I wrote last, having been hard at work on my own claim on the Kansas.

The attacks on Judge Muir in the Moxmtainecr having now

144 Gilpin County Records

simmered to the accusations of two individuals, possess but little interest to the citizens of our gulch. The character of those individuals is now so well known in ISTevada, by all those who ever knew them, or had any business transactions with either of those worthies, that no reply is deemed necessary to their wrathy and ridiculous letters. I know a dozen good citi- zens who have stopped the Mountaineer during the past week, on account of their slanders of our Judge and district, and I have heard that the carrier has given it up in disgust. ISTo won- der, for he is a fine little fellow, and respected by all who know him.

A. E. Guild cleaned up in three mills, from quartz from his Kansas claim, this week : at Stanton & Sanford's mill. Eu- reka, $750.30, from cords; at Whitcomb's mill, here, $575.80, from 21/0 cords, and at Col. Backus' mill, $1,036.60, from 5 cords; total $2,562.70.

Clayton's mill was robbed last night of about $300 worth of amalgam, the thieves scraping the plates.

We expect a short professional visit from Langrishe's troupe before they leave the mountains, which will be a rich treat to all our citizens. Yours truly.

Spectator.

Public Meeting In Nevada

About 9 o'clock on Thursday morning, upon the arrival of the News with the latest dispatches by Pony Express, a large number of the citizens met in front of the Court House, to hear the dispatches read by our friend. Squire Morton. After read- ing the latest news, the citizens were called up stairs into the Court House and held an impromptu meeting — Squire Morton, Chairman, Mr. B, D. Darlington, Secretary. From the last named gentleman we are favored with a copy of the proceed- ings of the meeting, which we annex. Squire Morton sang, by the request of the meeting, those good old songs, "The Star

Daily Rocky Mountain Neics, April 27, 1861, p. 2.

Nevada District 145

Spangled Banner" and the "Red, White and Blue," amid fre- quent applause.

At a meeting of the citizens of Nevada, held in the Court House, impromptu, on Thursday morning, the 24th of April, A. D, 1861, Ira H, Morton was called to the chair, and R. D. Darlington appointed Secretary.

A committee on resolutions was appointed by the meeting, consisting of Judge Muir, Col. Remine and Mr. Vanderen, who presented the following resolutions, which were passed by a unanimous vote:

Whereas, By the enterprise of the Rocky Mountain News Co. of Denver, we have been, upon several occasions, put in pos- session of the lastest telegraphic despatches, a day ahead of reg- ular time; therefore be it

Resolved, by the citizens of Nevada district, That we fully appreciate the consideration and prompt attention given us by the News Company, in the speedy transmission to the moun- tains, through the columns of their paper, of the latest tele- graphic dispatches from the States, and that we will evince our appreciation thereof, by extending to the News our undivided patronage.

Resolved, That while we deeply deplore the present lament- able condition of our beloved native land, we heartily endorse the course and position of the Rocky Mountain News with regard to the great and important issues of the day.

Resolved, That we will each individually use our best en- deavors to increase the circulation of the News, and advance

Jno. W. Remine, Arch. J. Vanderen,

Offered by Mr. Vanderen, and unanimously carried: Resolved, That, as citizens of a Territory of the U. S., we will give our earnest support and encouragement to the present Administration in the honest endeavors to maintain the integ- rity of the Union. j,_ ,,,,.]i,.f,„ S.-C.

Wisconsin District

Laws Enacted February 13, 1860

At a meeting of miners held upon the tributaries of North Clear Creek on the 13th day of February AD 1860 on motion E. G. Bartlett was appointed President and Alpheus Wright Secretary. Whereupon on motion the following resolutions were adopted. Resolved That inasmuch as Gold has been found in various gulches in this point of the Rocky Moimtains, we therefore deem it expedient to immediately form a mining Dis- trict, elect Officers & adopt such rules and make such laws as will tend to the peace and harmony of the persons that may be engaged in mining in said district. On motion adjourned to meet at Robinson's & Wrights tent in Eagle Gulch this evening to define the Boundaries and adopt a Code of laws for said con- templated District.

E. G. Bartlett President Alpheus Wright Secretary

Feby 13th 5 O.C. P M. Met according to adjournment. On Motion it was agreed that the Surmnit of the Snowy Range of the Mountains should be the boundary line on the West. The main fork of North Clear Creek on the North to the mouth of the main Gulch running through the district, Thence South to Eagle District Line, Thence West to place of beginning. On motion it was agreed that said District should be knowTi by the name of Wisconsin District. On Motion the Gulches in which Gold had been discovered in said District were named as follows to wit : — The main Gulch to its junction with the Middle fork "Secreta," The middle fork "Ericke" Gulch to North Clear Creek, The North Tributary of Ericke the "February" Gulch.

Wisconsin District, Book B.

No records of Eagle District have been found.

' Later known as Errick Gulch.

Wisconsin District 147

On motion the following articles and resolutions were adopted as Laws for the Governing of the above named District.

Art 1st The Officers of the district shall consist of a President, Secretary (who shall also be Recorder) and a Stake Master

Art 2nd It shall be the duty of the President to preside at all regular called meetings of the district, try all Suits, and give the casting vote in case of tie, and shall be allowed a fee of five Dollars for each suit tried before him, and shall attend other meetings free of charge

Art 3rd It shall be the duty of the Secretary to keep a record of all proceedings of the regular called meetings and record all claims, and deeds to claims in a suitable Book for that purpose. Said book to be kept in the District & shall also keep a deputy who shal act in his absence and keep in possession the laws thereof, and shall be allowed the sum of fifty cents for re- cording each claim and for his other services shall be free of charge

Art 4th It shall be the duty of the Stake Master to stake and measure all claims accurately, drive a stake firmly in the ground four inches square, to each claim, writing the name of the holder, and engrave the number upon it of said claim, & shall have twenty-five cents for Staking each claim for his serv- ices

Art 5th No person shall hold more than one claim upon each Gulch or Quartz Lode by preemption and but two by pur- chase of 100 feet each, the Gulch claim from bank to bankd [bank] and Lodes fifty feet wide

Art 6 Any person or company of persons being the first to discover Gold in any Gulch Lode or patch diggings shall be entitled to one claim of 100 feet in length and of usual width as a Discovery claim in addition to one by preemption

Art 7 Each person holding claims shall be required to have the same recorded within ten days after taken and the same shall hold good until the 18th day of Juno next, without being worked, at which time they shall be worked at least once in every ten days or forfeited. Provided however if there be

148 Gilpin County Records

a company they shall hold their claims by working some one of them in the District as above the same as a man

Art 8 All disturbances growing out of whatever cause upon which suit is brought shall be tried before the President, either party to the Suit having the privilege to a jury of three or six persons. Said jury to be allowed two dollars each in every suit. The person bringing suit shall also be required to give approved security before going into trial, for the costs that may accrue on said suit, the cost to be paid by the person looseing the suit. An appeal may be taken before the Miners or according to Law.

Art 9th All deeds to claims shall be given in writing and witnessed by two persons signitures. Resolved that inasmuch as the snow that now covers the ground makes it impossible for Persons taking claims to have them accurately measured and staked, therefore they shall be allowed to take them by number, commencing at the Discovery claim which shall be plainly marked, and commence by numbering up and down from said claim, and record in same way until such time as will admit of them being measured and staked

Art 10 These laws may be amended or altered at any meeting of the miners by due notice, by a two third vote of the claim holders in said district and no one shall be entitled to vote unless he is a claim holder in said district

Art 11 A Petition must be given to the President and shall contain the object of the meeting & signed by twelve claim holders and then the President is authorized to inform the Sec- retary whose duty shall be to post them up in at least three con- spicuous places. The Meeting then went into an Election for permanent Officers, whereupon E G. Bartlett was chosen Presi- dent, Alpheus Wright Secretary and W. P. Graves Stake Master It was also agreed that the above officers should hold their offices for six months unless a majority of the claim Holders at a regular meeting should determine otherwise Alpheus Wright Secretary E. G. Bartlett President

Wisconsin District 149

Meeting Of March 9, 1860

At a Meeting called for the election of President of Wis. District, E. G. Bartlett having resigned, L. L. Robinson was duly elected to said office.

Amendments Adopted May 19, 1860

At a meeting duly called according to notice on file, the following resolutions were adopted as amendments to our laws.

Art 1st Resolved that all Lode claims either by purchase discovery or by location that any person or persons are entitled by law to hold shall hold good till the first day of July 1861 without labor, if recorded vrithin ten days of location or pur- chase, and said claim or claims shall be described as accurately as possible in its bearing and locality

2nd That a Notice to try any suit before the President or in case of an appeal to the miners shall be given in writing at least five days previous to trial naming time and place and a copy of said Notice produced in Court

3rd that people slaughtering beef or cattle shall be com- pelled to bury the offalls of sufficient depth to prevent stench, at least 200 yards from water or running stream, under penalty of twenty five dollars for breach thereof

The President then resigned as also the Stake master, and the Secretary was appointed as committee of one to draft sched- ule of fees for Constable, to be elected next Saturday in con- junction with other business to be transacted and Sec instructed to post up notices accordingly.

4th The line of the Wisconsin district was then made to be the continuation of the western line of White Quail District keeping the ridge between the waters of Boulder & Ericke Gulch, the meeting then adjourned after electing E. G. Bartlett Stake Master to fill vacancy of W. P. Graves.

JOINT MEETING OF MAY 19, 1860 At a meeting of the two districts of White Quail & Wis. ' No records of White Quail District have been found.

150 Gilpin County Records

L. L. Robinson chairman, Alpheus Wright Sec. It was resolved that the White Quail District be attached to Wisconsin district & afterwards be known as Wis District and governed by the same laws as far as applicable. The meeting then adjourned.

Minutes And Resolutions Of May 26, 1860

Meeting met according to call. E.G.Bartlett called to the chair as President Pro tern, and proceeded to vote for Presi- dent & Thomas Rockhill was duly elected & M.J. Bolan, Con- table. & then the following resolutions were adopted.

1st That being important to have a proper person to serve papers, notices & various processes according to [law] therefore, to elect a constable, whose duty is to serve all papers put into his hands, to serve by any party to a suit of any nature arising in the district, That all processes shall be served by copy if the person can be found in the district ; if not, by posting a copy of the same at two conspicious places in the district and one also at the Recorders office, & for each mile of travel he shall be enti- tled to ten cents each way for serving summons, notice or other paper, 50 cents & 25 cents for copy, $3.00 for attending court, per day & one dollar for summoning jury.

2nd That in case of an appeal it shall be taken within five [days] after first, or second trial and neither party shall work the claim during the pending of the appeal, & a bond for the security of costs shall be filed for costs before the appeal shall be valid, and all appeals of suits to be appeald, heretofore tried, shall be appeald within five days from next monday the 28" day of May

Resolved that claims lying in a place that is necessary to have a drain ditch that person or persons owning claims shall be allowed to dig the same through the adjoining claims below, & the party owning the same, or any other person, shall not fill said tail race or drain, but it shall be kept open.

Meeting then Adjourned "Sine Die"

LAWS OF JULY 12, 1860 At a regular called meeting according to notice & Petition

Wisconsin District 151

according to law, the miners of Wisconsin District assembled at 5 00 P.M. Meeting called to order by the President, and the following laws were enacted and passed.

1st Resolved that all Lode claims in Wisconsin district discovered now or hereafter discovered, shall hold as real Es- tate, & not Jumpable

2nd Resolved that all water claims shall be held as real estate & not jumpable.

3rd That no one shall be entitled to vot on subjects per- taining to Lode, Gulch, or water claims respectively unless, an ovner of said claims, & to vote on Lode questions must own a Lode claim & the same in regard to water & Gulch claims.

4" Resolved any person is entitled to one water claim on each Gulch of 250 feet long, by preemption & all he or they purchase and that all Gulch claims hold good till the 1st of June 1861.

5" Resolved that all claims taken hereafter shall be staked or the name of the owners written on the Discovery stake or tree, & the 'Nos. thereon.

6" The President then resigned and the meeting then went into an election and Israel Janney was elected President of Wisconsin District. The Recorder then resigned & on an in- formal Ballot being taken was declared by the President, to result in no election there being no majority, and on another Ballot Alpheus Wright was duly declared elected recorder of Wisconsin District for the term of six months from the 13" of next month.

7" & 8" Resolved that the oflScers elected to day shall hold their office six months from the 13" day of August next. Re- solved that the Miners are the highest tribunal & from whom no appeal shall be had or granted

9" R M Briscoe was then elected Constable and also to act as stake master, and whose duty in that line shall be in cases of dispute, to stake the claims in dispute if necessary & all claims necessary to be measured in getting to said claim in dis- pute shall be paid by the parties in dispute. The Independence

152 Gilpin County Records

District was also bj a vote of the two districts attached to Wis- consin district, & be hereafter knoA\Ti as Wisconsin district.

There being no further Business the Meeting Adjourned Sine Die.

Resolutions Of September 15, 1860

At A Meeting of the miners of Wisconsin Sept 15" 1860 called according to law the following resolutions were adopted.

1st That no Motion shall be put at any meeting of the miners except in writing.

2nd That any person shall be entitled to one tunnel claim in the district and but one by location and shall hold good with- out labor till the 1st day of July 1861 if recorded within ten days of location, or purchase. That the same claim shall be planly marked or staked and location plainly described on the record of the District

3rd That Tunnell claims may be 400 feet apart and no nearer, that each tunnel claim shall hold two hundred feet each way from the tunnell on all Lode claims undiscovered which may be discovered by the person or persons driving the tunnell & all above & below Provided that all Lodes discovered over the route of the tunnel after said tunnel claim is taken previous to being found by the tunnel Co the discoverer thereof shall be en- titled to the claim down as deep as 50 feet & the length of 100 feet on the Lode, as discovery and the same by preemption if within the limits of the tunnel

4th That after the 1st day of July 1861 said claims shall be worked regularly once in ten days until they shall have tun- nelled in fifty feet after which they shall hold good vsrithout labor as real estate.

5" That Art 4" in regard to work shall be construed to mean at least five days work every ten days.

6th That no company shall hold more than two tunnel claims in the district by location and only two by purchase

7" That person or persons owning tunnel claims shall have the right of way or room for pasage through all Lodes dis-

Wisconsin District 153

covered previous to the location of the tunnel claim but shall have no portion of the quartz.

8" That the Tunnel Co shall be compelled to convey the water over the lodes that may be sunk deeper than the tunnel, or the right granted to persons owning the lodes to tunnel to his claim for the purpose of draining.

Art 9" Resolved that all water claims shall be measured up & down the stream taking the general course of the Creek and run from point to point reaching the creek at end of each claim & not to follow the short turns of the stream and that persons holding water claims shall be entitled to sufficient ground on either side for building on & improvement of the claim.

Sheriffs Office being vacant, R Akin was duly elected sher- iff of the district, & C.C. Welch Stake Master, and both of said officers to have power to appoint a deputy.

The meeting then adjourned "Sine Die"

Minutes Of October 27, 1860

At a meeting held pursuant to a call of Ira Andrews & other Miners, the miners assembled at 2 o'Clock P.M. J W Amdt was called to the chair and E. L. Moody chosen Secretary.

On Motion of H. R. Howard The Meeting proceeded to ballot for the following officers Viz. President, Recorder, and Sheriff, resulting in the choice of J.W. Arndt for President, Ed.L. Moody for Recorder and Stephen Card for Sheriff.

On Motion of Mr Card, Mr Sibley was required to deliver the Wisconsin District Records to the Recorder Elect within three days.

The Meeting then adjourned to meet at the house of W. D. Slate & Co Nov 3rd 1860. J. Wallace Amdt Chairman Ed L. Moody Seer

MINUTES OF NOVEMBER 3, 1860 At a meeting held this 3rd day of November 1800 The

154 Gilpin County Records

meeting was called to order by the President. Whereupon the Constitution and by laws were read by the Eecorder.

On Motion of E.B. Newman the following Eesolution was passed — Resolved that at the discovery hole of every Gulch or Lode, be a stake firmly placed, bearing the name of the discov- erer, also the name of the Lode or Gulch, and that persons pre- empting claims on said Lode or Gulches are not required to number the claims on the Stake. But by placing them on file in the Recorders Office, the said claim or claims shall hold good for ten days without recording

On Motion it was Resolved that a Committee of three be elected to revise the laws of Wisconsin District, and whenever ready to report, that they shall notify the President to that effect, and it shall be the duty of the President to call a meeting of the miners to receive their report On Motion J.W. Arndt, E.L. Moody & G.W. Hawkins were elected said Committee.

On Motion the meeting was adjourned "Sine die" J. Wallace Arndt President E.Lw Moody Rec.

Minutes Of November 24, 1860

At a Meeting of the Miners of Wisconsin District held Nov 24th 1860, according to notice, the following motion was adopted.

That the Miners of this District give permission to Mam- mouth City Road Co to build a Toll Road from Mammouth City down Boulder Creek to the limits of this District, hereby granting them the right of way and giving them permission to erect a Toll Gate thereon.

On Motion G. W. King was added to the comittee for com- piling a Code of Laws.

On Motion the meeting adjourned J. Wallace Arndt President E.L. Moody Recw

Laws And Minutes Of December 13, 1860

Mammoth City, December 13th A D 1860 At a meeting held Dec 13th 1860 for the purpose of re-

Wisconsin District, Records.

Wisconsin District 155

ceiving the report of the Committee previously chosen to revise the Laws of this District, and to transact such other business as was necessary the President & Recorder being absent Geo W Ring was chosen President pro tern and E B Xe%vman Deputy Recorder acted as Secretary Meeting called to order a peti- tion was presented to the miners of this District from those of Climax District asking to be annexed to Wisconsin District to become a part of the same and be governed by the same Laws

On Motion said District was annexed On Motion the re- port of the Committee on the revision of the District Laws was read

On motion said report was received and Committee dis- charged

On motion said report was again read by the Secretary

On Motion the follomng Laws as revised were adopted

Boundary of Wisconsin District

Be it enacted That the boundery of Wisconsin District be as follows Commencing on the summit of a bald mountain sit- uated near the head of North Clear Creek and running thence in a Northerly direction along the summit of the Snowy Range to the divide that runs East and west on the north side of Mid- dle Boulder Creek Thence east along the summit of said divide to the East end of a Prairie being at the junction of Middle and South Boulder Creek Thence south to North Clear Creek Thence west along the south side of said creek to eastern point of the divide being next south of Secreta Gulch Thence in a westerly direction following the summit of said divide to the place of beginning

Article 1st Be it enacted That the officers of said District shall consist of a President Recorder Sheriff and Stake Master

Art 2nd Be it further enacted That it shall be the duty of the President to preside at all public meetings of the Citizens of this District when called for purposes relating to public busi- ness of the District, to give the casting vote in case of tic; to preside and act as Judge of the Miners Court to be held in this District

156 Gilpin County Records

Art 3rd Be it further enacted That it shall be the duty of the Recorder to keep in a propper book a record of all claims deeds mortgagues and other papers that shall be filed for record upon the payment of fee hereinafter provided, and to furnish Certificates for the same when required so to do writing upon the back of each certificate deed mortgague or other papers the date when each claim or paper was filed for record The Re- corder shall also be exoficio Secretary of the District and to act as such at all public meetings of the District keeping the minutes of the same free of charge

Art 4th Be it further enacted That the Sheriff shall have the same power by virtue of his office as under the laws of Kansas

Art 5th Be it further enacted That it shall be the duty of the Stake Master upon the payment of fees hereinafter pro- vided to settle all disputes in regard to the boundery of claims when required so to do by either of the disputants measuring and staking off the bounderies of said disputed claims.

Art 6th Be it further enacted That the fees of the Presi- dent shall be five dollars for presiding at each trial and double the fees allowed by the Laws [of] Kansas for making out the necessary papers for him to make

Art 7th Be it further enacted That the fees of the Re- corder shall be fifty cents for recording each claim or instru- ment of writing not exceeding one hundred words ; and one dol- lar each for all others

Art 8th Be it further enacted that the Sheriff may charge double the fees allowed by the laws of Kansas

Art 9th Be it further enacted That the fees of the Stake- master shall be one dollar for measuring and staking each dis- puted claim and twenty five cents each for all other claims nec- essary to be measured to ascertain the bounderies of said dis- puted claims

Art 10th Be it further enacted That the term claim shall be construed to mean ; when applied to a Lode one hundred feet in length of the same and fifty feet wide; when applied to a Gulch one hundred feet in lengih following its meanderings and

Wisconsin District 157

extending from bank to bank ; when applied to Patch diggings one hundred feet square; when applied to a Tunneling claim two hundred feet each side of the point marked for the center of the Tunnel; when applied to a Quartz mill claim two hun- dred and fifty feet square; when applied to a ditch claim the entire distance staked out which they intend to run the same or shown by the survey or stakes ; when applied to water claim the exclusive right to use water for mining or mill purposes upon any stream not exceeding in distance two hundred and fifty feet measured in a straight line and touching the centre of the stream at each end of the claim when applied to a farming or ranche claim one hundred and sixty acres when applied to a building claim sixty feet front and one hundred feet deep

Art 11th Be it further enacted That no person shall hold more than one Lode Gulch Patch or Water claim on the same Lod Gulch Patch Diggings or Stream except by purchase or dis- covery; and no person shall hold more than one building farm- ing or ranch claim except by purchase

Art 12th Be it further enacted That each Discovery claim shall be marked and recorded as such

Art 13th Be it further enacted That when claims are taken or held in the name of a company the Company shall place on record the firm name and the name of each individual mem- ber of said Company

Art 14th Be it further enacted That all deeds bonds con- tracts bills of sale or instruments of any kind relating to the conveyance of claims and bonds shall be witnessed by at least two disinterested persons and recorded

Art 15th Be it enacted That 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 is so guarded as not to interfere with vested rights

Art 16th Be it enacted That any person shall be eiititUMl to one Tunnel claim in the District by Tvocation and shall li.)l<i good without labor till the 1st day of July IftOl if recorded

Art 17th lie it further enacted That the Siiid claims shall

158 Gilpin County Records

be plainly marked or staked and location plainly described on the records of the District

Art 18tli Be it further enacted That Tunnel claims may be four hundred feet apart and no nearer that each Tunnel claim shall hold two hundred feet each way from the Tunnel on all Lode claims undiscovered which may be discovered by the person or persons owning the Tunnel and all above and below Provided that all Lodes discovered over the route after said Tunnel claim is taken previous to being found by the Tunnel Company the discoverer thereof shall be entitled to the claim do-wn as deep as fifty feet and one hundred feet the length of the Lode and the same by preemption if within the limits of the Tunnel

Art 19th Be it further enacted That after the 1st day of July 1861 said claim shall be worked regularly once in ten days until they shall have Tuneled in fifty feet after which they shall hold good without labor as real estate

Art 20th Be it further enacted That Art 19th in regard to work shall be construed to mean at least five days work every ten days

Art 21st Be it further enacted That no Company shall hold more than two Tunnel claims in the District by location.

Art 22nd Be it further enacted That any person, or pei sons owning Tunnell claim shall have the right of way or route for passage through all lodes discovered previous to the location of the tunnel but shall have no portion of the Quartz

Art 23rd Be it further enacted That the Tunnel Co shall be compelled to convey the water over the Lodes that may be sunk deeper than the Tunnel or the right granted to the per- sons owning the Lodes to tunnel to his claim for the purpose of draining

Art 24th Be it enacted That in any District or Territory that has been or shall be annexed to this District all claims held in good faith by premption — purchase or discovery shall be valid after such District or Territory is annexed

Art 25th Be it further enacted That no person be enti- tled to vote on Lode Gulch or Water claims respectively unless

Wisconsin District 159

he own in this District such a chiim or claims as said business shall pertain to to wit a Lode Gulch or Water claim

Art 26th Be it enacted That all motions made at a meet- ing of the District shall be in writing

Art 27th Be it further enacted That the President may at any time he deems it necessary call a public meeting of the Citizens of the District by giving not less than forty eight hours notice and by posting six notices in as many conspicuous places in the District.

Art 28th Be it enacted That persons cutting trees for timber or other purposes shall by cutting or stamping their mark upon the same and having said mark recorded hold said fallen trees as other personal property

Art 29th Be it further enacted That all claims in this District held by preemption purchase or discovery shall be held as real estate except as hereinbefore provided in regard to Tun- nel claims

Art SOtli Be it enacted That an annual meeting shall be held for the election of officers on the first Monday of December of each year and the officers elected shall hold their respective offices for one year or until their successors are elected unless they shall die resign remove from the District or be removed from office for misconduct, or neglect of official duties

Art 31st Be it further enacted That in case of temporary absence of any of the officers of the District they shall have the power to appoint a deputy to act in their absence but if they are absent to exceed thirty days their office may be declared vacant for neglect of duty in manner as hereinafter provided but in case it is the President who is so absent the Recorder may call a meeting for his trial in manner as hereinafter provided

Art 32rd Be it enacted That when a petition shall l>e pre- sented to the President asking for a public meeting of the citi- zens of the District signed by ten or more Citizens of the dis- trict stating the object of said meeting it shall be the duty of tho President to call in manner as hereinbefore provided a meeting agreeable to said notice

Art 33rd Be it enacted Tliat the Stake Master ninv have

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the power to appoint two deputies to assist him in his official duties

Art 34th Be it enacted That no officer shall be removed from office except by a two third vote of the citizens of tha District present at a public meeting called as hereinbefore pro- vided except there shall be ten days notice given and the notices shall state the name of the officer to be tried and the nature of the charges prefered against him

Art 35th Be it further enacted That in case of a vacancy of any office the citizens may at any meeting thereafter elect officers to fill said vacancies

Art 36th Be it enacted That it shall be duty of the court of this District to sign all writs issuing out of said court either by himself or his clerk to make all transcripts of judgments re- quired, on payment of his fees; to enter judgiuents and issue execusions, and pay over to the proper parties moneys collected on such judgments and execusions ; to try all criminals and hold all moneys he may receive for the District for fines and judg- ments subject to a vote of the majority of the people taken at any meeting where notice for such a vote is given in the call for the meeting, and to perform such other duties as necessarily appertain to his office

Art 37th Be it further enacted That if the judge of said court shall not be able to attend any trial or shall be disqualified from any case to try any suit, or if there shall be more business til an 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 defendant, or with either of them in any manner Then the respective parties shall each choose an arbitrator and the arbitrators so chosen shall choose a third and the three arbi- trators shall sit and hear the case and their decision shall be final as far as the court of this district is concerned

Art 38th Be it further enacted That the court of this Dis- trict shall have equity as well as law jurisdiction and may grant writs of injunctions upon motion in all proper cases and all

Wisconsin District 161

other motions upon proper cause shown, to he supported by affidavits alone and all such other acts as a court of equity has power to do

Art 39th Be it further enacted That the said court shall have power to appoint its own clerk whenever it shall be deemed necessary and the said clerk shall have such power as a clerk of record has by the laws of Kansas relating to matters that may come before the court in consequence of some process issued therefrom

Art 40th Be it enacted That if any person shall wish to commence a civil action in the 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 alle- gations and facts necessary to constitute a cause of action in plain and unequivaoal language. Such statement if in equity shall be in the nature of a petition ; and if in law of a complaint as the case may be. Upon the filing of either a petition or complaint as aforesaid the court or the clerk thereof shall issue a writ of summons to be served upon the defendant to appear and answer at the time therein named or judgment will be taken against the defendant by defalt. 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 summons shall state its sub- stance, that if the defendant do not appear 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 the court may deem neo. If the remedy applied for shall not be for any sum of money the summons shall ask judgment for the relief demanded in the complaint if at law or the peti- tion if in equity.

Art 41st Be it further enacted That the defendant may at any time before the time of trial at law of any cause entered in the miners court file his answer or demurrer, upon either of which the plaintiff may join issue and if an answer be filed con- taining new matter irrelevant to the issue it must be denied or avoided by the plaintiff in his reply ; and all matters not denied

162 Gilpin County Records

or avoided by one p[l]eading subsequent to anotber sball be taken as confessed and true

Art 42nd Be it further enacted That all pleadings sub- sequent to tbe petition in equity, sball be the same as used in the United States courts of equity and the term of three days shall be granted for the filing of each pleading subsequent to another until the issue is made up

Art 43rd Be it further enacted That all pleas in equity shall be verified and no remedy shall be allowed in equity when the same can be had at law.

Art 44th Be it further enacted That in all cases of the foreclosure of a mortgage or lien of any kind upon a claim the equity of redemption shall not extend beyond ninety days

Art 45th Be it further enacted That in all cases of judg- ment for the partition of claims between joint owners, three dis- interested commissioners shall be appointed by the court who shall aifect such partition

Art 46th Be it further enacted That the rules of evi- dence as admitted in the court of the United States shall be observed in the miners court with the exception that either party may file his affidavit in court at any time before the commence- inent of a trial wherein he may depose to any facts relative to the issue and shall thereafter depose in the same that none of the foregoing facts contained in such affidavit can be proven by any witness whose evidence it is possible to procure either by de- position or the usual process of this court to compel the attend- ance of witnesses when the affidavit may be read in evidence. The adverse party may have the right to rebut or explain the said facts, so set forth by affidavit or depose to any facts that may legally affect the matters deposed to by his opponent which affidavit may also be read in evidence.

Art 47tli Be it further enacted That depositions may be used in this court in evidence provided the witness is sick and unable to attend the place of trial, about to leave the country, or is out of the jurisdiction of the court Notice shall be given to the adverse party of the time and place where the said depo- sition is to be taken, The opposite party may demand the nature

Wisconsin District 163

of the evidence expected to be proven by the absent witness and upon its being stated may if he chooses admit such evidence and proceed to trial

Art 48th Be it further enacted That in all cases of at- tachments and replevin the practice perscribed by the laws of Kansas shall be observed and when in the case of attachment the defendant has left the country or keeps himself secreted within the same, so that process cannot be served upon him pul> lication in some public newspaper printed in the county for two week shall be deemed sufficient notice. The order of publi- cation shall not be granted by the court unless a summons has been returned by a proper officer, which return shall show that he has made diligent search and inquiry and cannot learn that the defendant is in this country or that he cannot find the de- fendant and believes he keeps himself secreted to avoid the serv- is of a summons togather with other evidence tending to make either of said facts appear

Art 49th Be it further enacted That garnishee process may issue as a part of the original writ to be served on both de- fendant and garnishee or separately ; or it may be issued after execusion is returned unsatisfied ; and in either case if the gar- nishee pay the demand over to the defendant after legal notice he shall still be held liable to the amount of plaintiff's judgment and costs if he was indebted to that amount when service was made and if in a smaller sum the amount he was indebted at the time notice was served

Art 50th Be it further enacted That all special proceed- ings in the court of this District shall be conducted according to the forms prescribed in the Statutes of Kansas for the year one thousand eight hundred and fifty nine as far as consistent with the laws and local affairs of this District ; and all motions relating to such proceedings shall be sustained or approved by affidavits alone

Art 5l8t Be it further enacted That new trials of all causes which have been or may be tried shall l)c granted upon the same terms or by the rules of the common law, and it shall

164 Gilpin County Records

be discretionary with the coin-t in all cases to grant or reject the application

Art 52nd Be it further enacted That no debt or demand of any nature shall be collected by suit in this court which has not originated either in coming to this mining region or since the a rival of such debtor within the proposed limits of this Territory

Art 53rd Be it further enacted That in all cases where the liability of persons in action founded upon contract or in mixed actions is not pointed out and defined by the laws of this District the common law rules shall apply as to such liability

Art 54th Be it further enacted That in all cases where a civil action is hereafter commenced in the court of this Dis- trict the plaintiff shall file a bond with one or more good and sufiieient sureties conditioned to pay all costs which may be taxed against him in case he should fail to recover judgment in said suit

Art 55th Be it further enacted That in case the costs cannot be collected against the defendant in any cause, wherein the plaintiff shall recover judg-ment, the said plaintiff shall be held responsible for all costs he shall make in said suit

Art 56th Be it further enacted That upon the return day of a summons either party may call for a jury which shall con- sist of twelve men unless a less number shall be agreed upon by the respective parties. A party first calling for a jury shall advance the fees for the same at the rate of one dollar and fifty cents for each juror; and all cases tried by a jury shall be final so far as regards the court of this District When called each party shall have the right to three preemptory chalenges besides chalenges for cause

Art 57th Be it further enacted That if any person shall enter an appeal from the Judge of the court of this District he shall give notice thereof on the same day the first virdict was rendered either by giving a notice in open court or procuring the same to be entered upon the docket of the Court and shall perfect his appeal within three days by paying up all chosts be- fore that time giving security for future chosts and advancing

Wisconsin District 165

the jurors' fees ; the cause shall then set for trial two weeks from the first trial unless sooner agreed upon between the parties

Art 58th Be it further enacted That jurors shall try all causes in equity as well as law and in equity may render special verdicts upon which the court may enter judgment and issue its decree on order

Art 59th Be it further enacted That the defeated party shall be in all cases liable for the costs of suit

Art 60th Be it further enacted That all execusions issu- ing out of the court of this District shall be made returnable in twenty days from date and the Sheriff shall note on each execu- sion the day he received the same and return the said execusion within the said twenty days whether satisfied or not with his proper return thereon endorsed

Art 61st Be it further enacted That there shall be ex- empt from levy and sale upon execution all tools, for mining, bedding clothing cooking utensils and necessary provisions for three months and in case of a man residing \vith his family a dwelling house not exceeding five hundred dollars in value and such other articles of household furniture as are strictly neces- sary togather with a bible family pictures and relicts

Art 62nd Be it further enacted That notices of all prop- erty taken on execusion shall be posted in three conspicuous places in the District for the five days next preceeding the sale thereof and the Sheriff 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

Art 63rd Bet further enacted That money collected on execusion shall be paid into the hands of the court by the Sheriff to satisfy the judgment in whole or in part that may 1x3 recorded on his books and the court shall pay the same to the proper parties or their attorney

Art 64th Be it further enucted That all laws coiillicting with those passed by the citizens of this District at a public meeting held on the 18th of December 1S60 are hereby re|)oaled and shall cease to take affect after this date; and the laws pass

166 Gilpin County Records

at the said time herein before specified shall take affect im- mediately Approved Dec 13th 1860

A motion was made and seconded That in as much as the officers of the District were absent and would be till after their term of office expire we elect officers under the new laws ; mo- tion carried

On motion meeting proceeded to the election of officers which resulted as follows Geo W King was elected President E B jSTewman Recorder Joseph Babcock Sheriff and C C Walsh Stakemaster

On motion meeting adjourned

E B iewman Sec

Minutes Of July 4, 1861

At a meeting of the miners of Wisconsin District held July 4th 1861 the folloving business was transacted to wit, Minutes of the last meeting read and approved, Also the laws as revised and adopted Dec 13th 1860 were read

As some dispute arose about the legality of the meeting when said laws were adopted a motion was made & seconded that said laws be again adopted by the voters then present, said motion carried

On Motion a committe of five were appointed by the Presi- dent to make such amendment and additions to the laws as they deemed necessary and to report before said meeting adjourned Said committe consisted of I Janney, E P Hammond W D Slate L Rouschmayer and S. Brown

After a short intermission said committee brought in the following amendments and resolutions, which after being re- ceived and committe discharged were adopted. Amendments

Art 7th amended to read thus. Instead of, and one dollar each for all others say " and twenty cents pr folio thereafter

Art 26th amended to read thus All motions made shall be in writing or otherwise ordered by the President

Art 29 amended to read thus, That all claims in this Dis- trict held by preemption purchase or discovery shall be held as

Wisconsin District 167

real estate excep Gulch claims and as herein before provided in regard to Tunnel claims

Article 30th Amended to read (instead of an annual meet- ing that a scemi annual meeting sliall be held on the first Mon- day of July and December respectively of each year for the pur- pose of electing ofiicers & c

Art 31st amended thus instead of thirty days, say fifteen days

Additions

Art 65th Be it further enacted That the President and Sheriff be required to give bonds of two hundred dollars each for the faithful performance of the duties of their respective offices

Art 66th Be it further enacted That all Gulch claims owned by persons residing out of the District are hereby de- claired subject to preemption from July 4th 1861

Art 67th Be it further enacted That all Gulch claims shall be worked one day out of every twenty days from the first of July till the first of October of each year or subject to pre- emption

On motion, it was made a law that every man taking claims should write his name on the stake at discovery and the number he claims

After discussing at some length the propriety of calling another meeting for the election of officers it was finaly settled by a vote of the majority present in favor of another meeting

On motion meeting adjourned

E B Newman Sec

Minutes Of July 8, 1861

At a meeting of the miners of Wisconsin District July 8th 1861 for the purpose of electing officers, the house Ix-in called to order I Janney [blank] were appointed tellers and meeting proceeded to the election of officers which resulted as follows

168 Gilpin County Records

Geo W. King was elected President E B Xewman Re- corder S V Card Sheriff and E P Hammond Stakemaster On Motion meeting adjourned

E. B. Newman See

Minutes Of July 24, 1861

Mammoth City July 24th 1861

At a meeting of the miners of Wisconsin District held July 24th 1861 the following resolutions were passed

1st Resolved that we grant to the miners of Erick Gulch the privilege of electing a Justice of Peace and Sheriff to serve in that portion of this District Also they are to have the Recorder of this District or his deputy

2nd Resolved That if any person makes his affidavit that he belives he cannot have justice done him before either of the courts of the District he can appeal to the other

3rd Resolved That no appeal can be taken from the courts of this District to the courts of any other District

4th Resolved That the defendant be required to give bonds for costs of suit before he comes to trial or judgment will be rendered against him

5th Resolved that the bonds given by the Sheriff and President be entrusted with the Recorder of the District for safe keeping

On motion meeting adjourned

E. B. Newman Sec

Minutes Of July 27, 1861

Erick Gulch July 27th 1861 At a meeting of the miners of Wisconsin District July 27th 1861 for the purpose of electing a Sheriff and Justice of Peace to serve in a portion of the district known as Erick Gulch or Twelve mile diggings the President being absent [blank] Selser was elected President protem Meeting proceeded to the election of officers which resulted as follows M G. Huey was

Wisconsin District 169

elected Justice of Peace and L Gibbs Sheriff. Election over the following resolution was offered and adopted

Resolved That if any person be found guilty of theft within the limits of this District the punishment for the first offence shall be not more than twenty five lashes on the bare back and for the second offense not more than fifty lashes

On motion meeting adjourned

E. B. Newman Sec

MimJTES OF NOVEMBER 2, 1861

November 2nd A D 1861

Special meeting of the Miners of Wisconsin District.

A Notice of five days being given to meet at Ole Thorsens Cabin fore purpose of electing President Recorder Sheriff Stake Master & to transact such other business as might legally come before the Meeting, on Nov 2nd 1861 at One OC P M. The following was carried or decided, by the President.

There being no officer in the District and all deemed va- cant, the miners called Matthew Stewart to the chair to act as President protem & A Wright Sec.

Meeting called to order by the President who also permits motions to be made if not in writing, whereupon the following motion was made.

That we proceed to elect officers for Wisconsin District by "viva-voci." & carried & resulted in the election of Alpheus Wright President and Recorder. Ole Thorsen Sheriff & Matthew Stewart Stake-Master. After which the following Res- olution was adopted

Ist Resolved that a tax of twenty five cents pr claim be levied on all claims in Wisconsin District for the improvement of Roads in said District, that said tax to be, paid on or before the first day of June A D 1862 to the Recorder of said District who is hereby authorized to receive the same fe made ex officio Treasurer

2nd Resolved that said tax may be worked out by tho payor at the rate of three Dollars jx-r day on tlie Iv(ail iV Iniard

170 Gilpin County Records

himself but said tax must be fully satisfied during the said month of June.

3rd Resolved that in case of failure of the payment of said Tax either in money or work, during the month of June aforesaid, it shall be the duty of the Sheriff of said District on notice by the Recorder & Treasurer to post up notices & sell said claims the same as upon Execution on a judgement, paying such surplus over to the Treasurer.

4th Resolved that in case of sale as aforesaid the Delin- quent owner shall have the right of redemption untill the first day of August 1862 by paying the purchaser the principal & five pr cent a month interest.

5th Resolved that it is necessary to have a Road Super- viser. Whereupon A.Wright was duly elected.

6th That the duty of said Supervisor shall be to inspect, superintend & generally attend to the management of the road building, & shall have power to appoint deputies & shall receive three Dollars pr day for the time actually expended

7th Resolved that inasmuch that the semi-annual election of ofiicers of this District is so near at hand, that this shall be deemed the annual election & shall be valid, and that the officers elected at this meeting shall hold their office one year from the first Tuesday after the first Monday in the Month of !N"ovember which day shall hereafter be the Annual Meeting & Election day & laws conflicting with this are hereby repealed.

Art 8th Resolved that it shall be the duty of all officers of this District in case of a permanent absence of inability to serve to give five days notice to the District, of his or their in- tended resignation

There being no further business the Meeting adjourned "Sine Die"

Alpheus Wright Secretary

Climax District

Minutes And Laws

Mammoutb City Aug 20th 1860 At a meeting of the miners on South Boulder Creek John Lane was chosen Chairman and Ed L Moody Secretary

The object of the meeting being stated to organize a mining District on Middle Boulder Creek and to make Rules and regu- lations for the preservation of order The following named Gentlemen E B Newnam J Babcock and W P Ilcndrickson were chosen to draft said rules and regulations and were re- quested to make their Report on the 26th day of August 1860 On Motion the meeting adjourned to meet Aug 26th 1860 at the house of W D Slate & Co John Lane Chairm. Ed L Moody Sec

August 26th 1860

The Meeting was called to order by the Chainnan where- upon E B Newnam Chairman of the Committee on Resolution made the following report which was unanimously accepted by the Meeting

Art 1st The District shall be known by the name of Climax

Art 2nd The Bounderies of said District shall be as fal- lows to wit Commencing at the north west corner of Wisconsin District and running in an Easterly direction to the N.E. comer of said District thence North four miles thence West to the sum- mit of the Snowy range thence in a southerly direction to the place of begining

Art 3rd The Officers of said District shall consist of a President Recorder Constable and Steak Master, Elected by a

WiBconsin District, Book C. Climax District was annexed to Wia- conein District in December, 1860.

172 Gilpin County Records

majority of the Claim Holders of said District and hold their respective Offices for a term of six months

Art 4th It shall be the duty of the President to preside at all meetings of the District issue Warrants and Subpoenas to qualify Witnesses and decide on all points of Law order &;c.

Art 5th It shall be the duty of the Recorder to record all Claims and Deeds in the District Write the reports of the meet- ings of the District and at all reasonable hours open his books to the inspection of any person.

Art 6th It shall be the duty of the Constable to serve Notices Subpoenas Warrants & C.

Art 7th It shall be the duty of the Stake Master to stake off claims whenever called on so to do

Art 8th Water Claims shall be 250 feet in length on a line with the stream with width sufficient for Mill or Raster [arasta] purposes more or less and taken on the main stream by numbering from a tree designated by the first Claiment, and on all tributary streams numbering from their mouth up

Art 9th Lode and Gulch Claims shall be taken by num- bering on a stake or tree at or near the Discovery hole

Art 10th Lead Claims shall be 100 feet long by 50 feet wide, and Gulch Claims shall be 100 feet long by 50 feet wide following the meanderings of the stream

Art 11th The Discoverer of a Claim shall be entitled to one Claim for Discovery and one by preemption

Art 12th No person shall be entitled to more than one Claim on a Lode or Gulch by preemption

Art 13th All claims shall be recorded within eight days after being taken and may be held as real estate

Art 14th The Claim Holders of said District shall meet semi annually for the purpose of electing Officers

Art 15th There shall be no Liquor selling or Gambling Establishment in said District

Art 16th The President shall be allowed a fee of five dollars for issuing the necessary papers and sitting on each suit, for all other business he shall be allowed no fee

Climax District 173

The Recorder shall be allowed fifty cents for recordiiiff each Deed Claim &c.

The Constable shall be allowed twenty five cents per mile going and returning for all necessary distances traveled serving papers. Also a fee of fifty cents for each warrant served, and twenty five cents for serving each Subpoena or Xotice

The Stake Master shall be allowed fifty cents for staking each Claim

After the addoption of the Resolntions, On Nfotion W L Conant was elected President Ed L Moody Secretary J Bab- cock Constable and E Andree Stake Master

On Motion meeting adjourned to meet Sep 8th 1800 John Lane Pres Ed L Moody Sec

Sep 8th 1860 Met according to previous adjournment. There being no business to transact the meeting adjourned until September 15th

W L Conant Pres Ed L Moody, Sec

September ir)th 1860

Met in accordance to previous adjournment The meeting was called to order by the President and the report of the last meeting was read and accepted lereu])on the following reso- lutions were offered and adopted

Resolved that "The Valley City Town Conipany" l)e al- lowed to claim three hundred and twenty acres as a Town Site by having it rccoi'ded within fourteen days after claiming the same; and erecting a comfortable dwclliiii;' house on the said Town Site

Resolved That any person shall be enrirl('(i to preempt 160 acres of land by having the same recorded within fourteen days after claiming the same

Resolved that Art 18th of the District Laws be .imeiuleil by striking out the word eight before days and inserting fourteen

174 Gilpin County Records

On Motion meeting adjourned for three Aveeks

Ed L Moody Sec

Oct 23rd 1860 At a special meeting of the Claim Holders of Climax Dis- trict Ed L. Moody offered his resignation as recorder of said District which was accepted

On Motion Ed B Newnam was elected recorder On Motion meeting was adjourned

Ed. B. IsTewnam Recorder Climax Dist

Central District

Minutes Of May 15, 1860

This meeting has met according to previous notice &: the Lavs ware addopted with the amendment of the time for open- ing claims, instead of being the 15th of May, to be the 1st day of June —

A. McLeod. Sect.,

A. Jameson, Judge of Election

T. Taylor. do do

Mr. Wm. J. Phelps, was appointed Deputy President by an unamous vote —

By a vote of the within meeting a committee consisting of L. G. Bowers, Beta Warner, Oliver Thomas, T. Taylor, A. Jameson & W. J. Phelps were appointed to investigate the Rec- ords of the September Organization on Lump Gulch & establish the claims made by the first three of the committee as accord- ing to said record

Thos. Dunston,

A. McLeod,

John H. R. Dunstan, Recorder.

FROM LUrP GULCH2

Central District, Dec. 14, [I860].

Editors Xews : — We don't enjoy the benefit of a local press here, on which account our advantages and mineral wealth, &c., as well as our talents "are bom to blush unseen," unless we avail ourselves of the 'News as a medium of publicity.

Our District is situated some six miles nearly north of Gregory, and although it is somewhat new and undeveloped, pos- sesses, I believe, advantages and resources not excelled, ami

' This is on the last page of Central District, Book A. 'Daily Rocky Mountain News, December 18, 1800, p. 2.

176 Gilpin County Records

scarcely equaled, by any district in the mountains. It appears, from the records, that a little more than one hundred quartz lodes have been discovered, and not one of them, which has been opened twenty feet in depth, but prospects well. The Gold Dirt lode has gained a world-wide reputation, but there are several other lodes here and that the only advantage which Gold Dirt possessed over some others was that the quartz was so decom- posed that it could be washed to advantage without the aid of mills.

We have labored under some disadvantages here for want of machinery, but our section is beginning to attract attention, and many are coming in now. There are from four hundred to five hundred inhabitants here now, which is as many or more than wintered in the Gregory diggings last winter, and one year from this will see our place a formidable rival to the Gregory region.

We have passed a law setting apart one claim on each lode for a school-fund, and also laws to prohibit the sale of intoxi- cating liquors, and I submit to you, Mr. Editor, if that is not an indication of a prevailing sentiment in favor of morality and intelligence. We invite, and welcome to our midst, every one who comes here to get a living honestly. We shall be glad to have men with capital and machinery come among us, and equally glad to have the laborer here ; but horsethieves, gamblers, grog-sellers and black-legs, will not find it a desirable locality to settle in. We are so ignorant here that we can see no differ- ence in favor of the man who takes advantage of his fellow's mental weakness to rob him of his money and make a beast of him besides — putting "a thief in his mouth to steal away his brains" — and the man who takes advantage of his neighbor's physical weakness to rob him of his purse, and lets him go sound in mind and body.

I shall, by your permission, take pleasure in keeping you, and the public, through you, posted in relation to our prospects and successes here , and for the present subscribe myself,

Yours, (Src. "Doc.''

Independent District

Minutes.

At a meetiug of Miners held on Mammoth Gulch near the foot of Longs Peak on the nineteenth day of May A.D. 1860. on Motion Van Znmwalt was appointed President and Hiram Hammit Secretary.

Upon Motion the following Resolutions were adopted :

Resolved :

That inasmuch as Gold has been found in various Gulches and Loads in this Part of the Rocky Mountains we therefore deem it expedient to emmidiately form a Mining District, elect Officers and adopt such Rules and make such laws as will tend to the peac€ and harmony of persons that may be engaged in Mining in said District.

On motion the following Officers were elected :

Van Zumwalt as President and Hiram Hammitt as Re- corder.

On motion it was agreed, that said District shall Ix? Known by the name of Independant District

On motion the following Committee was appointed to draft Laws and report the same on our next meeting, T. L. Ileffener, E. B. Fitts and B.F. Dunn, Comittee.

On motion it was agreed, that the Boundery lines of said District shall commence at the North-West Comer of Wisconsin District thence North with the Snowy Range three miles north of the Main-South Boulder, thence East to the mouth of East Gulch, then South [to] the North East Corner of Wisconsin District, thence West with said District to place of beginning.

On Motion it was agTCod to meet Fryday the 25th of May 1860 at van Zumwalt at 2 oclock.

IT. Hammitt Recording Secretary

' Wisconsin District, IJool< I, contains the minutes and laws of Inde- pendent District.

178 Gilpin County Records

Miners' Meeting, May 25, 1860

Officers all present.

On Motion the Gregory-Laws were taken up, and the fol- lowing Sections adopted:

An act defining claims and regulating the Title thereto.

Of the Gregory law of February 18, I860, Independent District adopted sections 1-3, 8, 10-14, 16-18, 20, and 22-25. Section 9 was adopted but with material changes.

Section 9. Be it further enacted that Gulch Claims need not be worked till the fifteenth of July and Load-Claims not till the fifteenth of July A.D. 1800 and Sixty One.

An Act in Relation to the Officers of Independent District, their Duties, Term of Office and Fees

Section 1 Be it enacted by the citizens of Independent district in convention assembled that there shall be elected in this district upon the fifteenth day of July in each year the fol- lowing officers who shal each hold their respective offices for the term of one year unless they shall sooner die resign or be re- moved from ther offices for misconduct by the citizens of this district viz a President a Judge of the Miners Cort and a Re- corder who shal be ex officio Secretary and Treasurer of this Dist

Sections 2-4 are the same as the Gregory act. Section 5 of the Gregory act was not adopted, and section 5 of the Inde- pendent act introduced material which is not found in section 6 of the Gregory act.

Sec 5 Be it further enacted that the fees of the Recorder shall be fifty cents for each claim or instrument in writing re- corded and such other fees for district business as the citizens shall allow and the Judge of the miners cort five dollars for pre- siding at each trial and doubel the fees allowed by the laws of Kanzas for making out the papers proper for him to make.

Sections 6-8 of the Independent District act correspond to sections 7-9 of the Gregory act, but the Independent act con-

Independent District 179

tains the following provisions which do not appear in the Greg- ory act.

Sec 9 Be it further enacted that five days notice shall be given in case of trial or to call a meeting of miners

Sec 10 Be it further enacted all claims shall be taken by number at the recorders office and numbering from discovery claims

On Motion an Sec Judge was Elected ILM. Brisee was elect

No further buisness apearing the Meeting ajorned H. Hammitt Recording Sect

Laws Revised Akd Adopted February 15, 1861

Officers of the District.

President Dr. 11. Wame.

Recorder W. B. Osbom.

Sheriff B. F. Hunter.

Laws

At a meeting of Independent District held at the office of the President of said District, on the 15th day of January, A. D. 1861, for the purpose of amending and revising the Laws of said District, Dr. H. Wame was called to the Chair and Wm. B. Osbom was appointed Secretary.

On motion, a committee of five was appointed to examine the Laws and report to this meeting such amendments as they deem proper ; whereupon, Dr. IT. Warne, Wm. B. Osbom, Isaac Miller, J. W. Hull and David Ripley, were duly appointed said committee.

Subsequently — on the 15th day of February, A. D. 1861 — at a Miners' Meeting called by the President of said District, at the house of G. J. Jones, Esq., for the purpose of receiving and taking action upon the Report of said committee, David Ripley was appointed Chairman, and Wm. P>. Osbdrii chosen

' Independent District, Lairs . . . remscd and adopted February the 15th, A. D. IHfU. Denver, 18G1. The pamphlet is the property of the State Historical and Natural History Society.

180 Gilpin County Records

Secretary, — and the committee appointed at the previous meet- ing reported the following Code of Laws, which were adopted :

Boundaries

Section 1. Commencing at the foot of Bald Mountain, on the East, and running North to Gamble Gulch, thence West to Moon Gulch, thence following the meanderings of said Gulch to its head, thence South to the divide between Boulder and Clear Creek, thence along said divide in an easterly direction to the East line of Independent District running Korth and South, thence North to the place of beginning.

Officers

Section 2. There shall be one President, one Sheriff, and one Recorder, who shall be elected annually, on the second Tues- day of September, by the legal voters of the District, and hold their respective offices until their successors are elected and qual- ified; each of whom shall take an oath faithfully and impar- tially to perform their respective duties according to law and the best of their ability ; and each shall have power to appoint one or more Deputies.

Elections

Section 3. The Eecorder and Sheriff, together with three other electors, shall compose the Election Board, each of whom shall take an oath that they will studiously endeavor to prevent all fraud and deceit in conducting the same. But if the Re- corder or Sheriff should be a candidate, or fail to attend, the voters present shall fill their vacancies by other voters ; two of whom shall be clerks, and the other three judges of said election. If there should be any vote challenged by any elector, either of the clerks or judges may administer any oath necessary to de- termine the right of said voter. Polls are to be opened at nine o'clock, A. M., and closed at six o'clock, P. M. At the close of the polls, the clerks and judges shall canvas the votes, and the persons receiving the highest number of votes for the respective

Independent District 181

offices shall be declared duly elected, and said Board shall issue certificates of election to the several officers, according to their respective offices.

Section 4. Any white person, who has attained the age of sixteen years and resided ten days in the District, shall be entitled to a vote at all meetings and elections. At all elections for officers the vote shall be by ballot, and at all meetings as the President may direct.

Sheriff

Section 5. There shall be elected by the qualified voters of this District a Sheriff, who shall hold his office until the next annual election, and until his successor is elected and qualified, whose duty it shall be to ser'e all processes issued by the Court ; and before entering upon the duties of said office, he shall give bond, with good and sufficient security to the acceptance of the Court, for the faithful discharge of said duties. He shall be conservator of the peace ; and take an oath that he will faith- fully and impartially discharge all and singular the duties per- taining to said office.

Vacancies

Section 6. Any officer resigning, or removing from the District, shall be required to deposit all the books, papers, money, &c., belonging to the District, or pertaining to his office, with the remaining officer or officers of the District, which officer or officers shall immediately call an election to fill such vacancy.

Courts

Section 7. The President shall be the Judge of the Min- ers' Court of the District, and any person, having any cause of action, shall file with the President the cause of complaint written in plain English language, and a prayer that the adverse party may be summoned to appear and answer to said com- plaint, and if the defendant appears, he shall file his answer in writing as above stated; whereupon the Judge shall sununon the

182 Gilpin County Records

defendant to appear at a given time and place mentioned in said summons, which shall not exceed ten days from the issue of said summons. And if the defendant fails to appear, the Judge may proceed to try the cause, and render judgment according to law and evidence ; and if the parties appear, they may submit their cause to the Court or three arbitrators, one of whom shall be chosen by the parties respectively, and, if the parties or their referees cannot agree upon the third arbitrator, the Judge shall appoint the third referee, and when the parties so submit their case to referees, as aforesaid, the decision or award shall be final, and the Judge shall proceed to enforce said award as upon judgment at law. If either party shall require a jury, the Judge shall write the names of twelve judicious, disinterested electors of the District, and each party may strike from said list, alter- nately, beginning with the plaintiff, one name, until only six remain, and the Judge shall issue his venire for a jury of the aforesaid six, and when assembled, each party shall be entitled to one peremptory challenge and also a challenge for good cause shown by the testimony of the jurors or other disinterested per- son, and the Sheriff shall fill the pannel with talesmen for all vacancies that may happen by reason of non-attendance or chal- lenging of said jurors. All juries shall be sworn by the Judge to try all causes according to law and evidence. Either party may have an adjournment, not exceeding ten days, upon proper cause shown under oath. Costs, in all cases, shall be taxed as the referees. Court or jury trying the same, may direct. Either party may have a right to an appeal from the decision of the Court or jury of six, if he give notice of appeal at the rendi- tion of the judgment or verdict, and pay all costs within five days from the rendition of the judgment or verdict. And when an appeal is so taken, the Judge shall write the names of twenty- four good, disinterested voters of the District, as in the afore- said jury list, from which each party shall strike therefrom, as in the jury of six, until only twelve remain, and proceed in all respects the same as in the aforesaid jury of six, and the deci- sion of the said jury of twelve shall be final, and the judge shall proceed to final judgment and award execution according to law.

Independent District 183

Section 8. All legal claims, whether in law or equity, shall be fairly tried by the referees, Court or jury, as the parties may elect, and judgment shall be rendered by the Court accord- ingly, upon which said judgment the party recovering shall be entitled to interest at the rate of ten per cent, per annum from the date thereof until paid, and the Court shall proceed to issue execution thereon, for the amount found due, with interests and legal costs ; but any rate of interest agreed upon in writing be- tween the parties shall be lawful.

Section 9. The Judge of the Miners' Court shall keep a docket of all proceedings had before him ; shall be allowed two dollars and fifty cents per day for presiding at each trial, (and when the Recorder shall preside in his stead, he shall be allowed a like sum) ; shall be allowed twenty cents per hundred words for making out all necessary papers, except writs of original service and execution, for each of which he shall be allowed fifty cents ; for rendering judgment, fifty cents, and making up docket twenty cents per hundred words; for each transcript, duly certified, twenty cents for each hundred words. The Judge, Recorder and Sheriff are hereby empowered to admin- ister all oaths, and perform all other duties pertaining to their respective offices, and which are required by law.

iS'oTiCE OF Elections and ]VLeetings

Section 10. It shall be the duty of the President to give at least ten days' notice of the time and place of holding any election of officers of the District, naming the officers to be elected, and shall call a meeting of the miners, upon the applica- tion, in writing, of twenty-five legal voters of said District, stat- ing the object for which such meeting is called, and he shall preside at all public meetings and perform all other duties per- taining to his said office.

Deputies

Section 11. The President shall have power to deputize any one or more of the miners to serve papers, &c., that he may deem proper, and any person so deputized shall proceed to dis-

184 Gilpin County Records

charge the duties required of him by law. Upon the commence- ment of any suit, the Judge may, at his discretion, require the plaintiff to deposite money, or give security, for all costa that may accrue.

Judgment and Execution

Section 12. A judgment shall be a lien upon all property of the defendant from the time of its being rendered and the Judge shall issue execution forthwith upon judgments including interest and costs, which shall be made returnable ten days after the date thereof, and the Sheriff shall give public notice of the time and place of sale of all property levied upon by him, which shall be by written advertisements posted in three public places in the District at least six days before the sale thereof, and all such property shall be sold to the highest bidder at public out- cry to satisfy the execution and accruing costs. But if the said property cannot be sold for want of bidders, unless at great sac- rifice, or if the plaintiff order him so to do, the officer having charge of the sale may adjourn said sale any length of time not exceeding ten days. In all cases of real estate sold upon exe- cution, the defendant shall have the privilege of paying the principal, interest and costs, with ten per cent, interest per an- num thereon, and said property shall revert to said defendant, or his legal representatives, the same as if such sale had not been made, and the officer selling any real estate as aforesaid, shall not execute a deed to the purchaser thereof, until after the ex- piration of thirty days. Common wearing apparel, bedding and twenty dollars' worth of tools, shall be exempt from execution.

Peobate

Section 13. The Judge and Recorder shall have power to choose a third person, and have probate jurisdiction of a de- ceased person, if said deceased had no relatives within the knowledge of said officers, but if the deceased has relatives or creditors in the District, they may apply and take out letters of administration, by complying with such rules as the Presi- dent may adopt, and property shall be disposed of by the Court

Independent District 185

or administrator to the best advantage to the creditors and heirs of the deceased, and the proceeds paid over to the proper persons entitled thereto, according to directions of the President.

Vigilance Committee

Section 14. It shall be the duty of the President to ap- point a Vigilance Committee, consisting of four persons, to ex- amine into and report all criminal violations of the laws of this District, who shall serve for the period of three months, or until displaced by the President; and said committee shall receive one-half of fines arising from their investigations, the other half to be paid into the District treasury. But the informant shall be liable, at all times, to all costs that may accrue, provided there is no cause of action.

Lawyers

Section 15, No practicing lawyer, or any other person having been admitted as such in any State or Territory, shall be permitted to appear in any cause pending in this District, as attorney or agent of any person, except he himself is a legal party to said suit ; and if a lawyer should be a legal party to any suit, the opposite party may also employ counsel in his case, if he chooses so to do, but in all other cases lawyers shall not be admitted.

Outside Debts

Section 16, No debt or demand of any kind shall be col- lected by suit in this District which has not originated either in coming to this mining region, or since the arrival of such debtor therein.

Duties of Recorder, &c

Section IT, It shall be the duty of the Recorder safely to keep the books and records of the District, and to file and re- cord all proper papers, upon payment of his foes, and to act as Secretary at all public meetings of the District. The books of records shall always be open to the inspection of all persons.

186 Gilpin County Records

never to be taken from the possession of the Recorder. All per- sons shall be entitled to copy any record, at any time, and the Recorder shall deliver over all books and records to his successor in ofl&ce. In case of absence, interest or inability of the Presi- dent, the said Recorder may act in all dases in his stead. He shall be entitled to fifty cents for each deed, mortgage, bill of sale or other writing necessary to be recorded, containing one hundred and fifty or a less number of words, and, for every hundred words or fraction thereafter in addition, twenty-five cents. In all cases fees must be paid in advance. Each deed, mortgage, or bill of sale, shall be witnessed by two witnesses. 'No transfer of any claim of any kind shall be valid, unless the fees are paid for all original records heretofore made in regard to said claim.

Section 18. All certificates of claims of any description remaining in the Recorder's office, upon which the fees gre not paid on or before the first day of July next, shall be advertised to be sold, stating the time and place of sale, the number and kind of claim, which shall be sold by said Recorder at public sale to the highest bidder, after giving ten days' notice, and if said claim shall sell for a greater amount than will pay the Re- corder's fees, all overplus shall go into the District treasury for the use of the District. The purchaser at said sale shall acquire a valid title therefor by the Recorder certifying on the back of said certificate a transfer by said sale, for which the Recorder may receive twenty-five cents from the purchaser, in addition to the amount bid for said claim.

Wkits of Attachmeistt

Section 19. Upon the application of any person holding a legal claim against a non-resident debtor, or any debtor about to abscond or move out of the jurisdiction of the Courts, or about conveying or concealing his property to the injury of his creditors, or secreting himself within the District so that legal service cannot be had, or fraudulently conveying or concealing his property to defraud his creditors, upon filing an affidavit setting forth any of the aforesaid facts, and the amount and na-

Independent District 187

ture of his claim, and paying or securing the costs, as the Court directs, the Judge shall issue a writ of attachment to attach all the goods and chattels, lands and tenements, monies, credits and effects, of the debtor, within the District. Iotice of the issue of said writ shall be given by the plaintiff, by posting up written advertisements in five conspicuous places in said District, within twenty-four hours after the issue of said writ, stating the time and place where said cause will be tried, which shall not be less than six nor more than ten days from the issue of said writ, and if the defendant or his legal agent appears, he shall have a fair trial, and if he fails to appear the Court shall proceed to hear and determine the cause according to law and the equity of the case, and render judgment and award execution as in other cases, and the property attached by the officer shall remain in possession of said officer until the final termination of said suit, and be sold as other property of the same nature, upon the exe- cution issued upon such judgment. But if the defendant is a resident of the District, he shall be served with a personal notice.

Garnishee

Section 20. Garnishee process may issue as part of the original writ, to be ser\'ed on both defendant and garnishee where the defendant is a resident, or separately, as the nature of the case may require, or it may issue after execution is re- turned 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 indebted to that amount when service was made, and if in a smaller sum, the amount he was indebted at the time notice was served.

Weit of Replevin

Section 21. Any person being in possession of personal property of another, the opposite party may file with the Judge of the Court an affidavit setting forth the name of the defend- ant, or defendants, with a description of the property claimed, and that he is justly entitled to the possession thereof, and tliat

188 Gilpin County Records

said property is wrongfully detained by said defendant or de- fendants, and that said defendant or defendants refuse, upon demand thereof, to give it up, and upon said plaintiff paying or securing costs to the satisfaction of the Court, the Court shall issue a writ of replevin for said property, and a summons for the defendant or defendants to appear before him at a time and place in said summons mentioned, to answer unto said plaintiff for the unlawful detention of said property; and the officer to whom said writ is delivered shall take possession of the same, and notify the defendant or defendants to appear before the Court, at the time and place mentioned in said writ, to answer unto said plaintiff for the unlawful detention thereof; and if the Plaintiff file a bond, with security to the satisfaction of the defendant or defendants or the Court, within twenty-four hours from the service of said writ, said property shall be delivered to the plaintiff, and if he fails so to do, the property shall be re- turned to the defendant or defendants, and the plaintiff and his securities shall be liable on their bond for all costs and damages, to be assessed forthwith by the Court or jury as the parties may elect; and if it appear, upon the trial of the cause, which may be had as in other civil cases, that the right of possession is in the plaintiff, then the Court shall render judgment against the defendant or defendants for damages and costs, according to the award, judgment or verdict, as the case may require, and issue execution as in other civil cases.

Ejectment

Section 22, Any person being in possession of real estate claimed by another, the claimant may institute his suit of eject- ment, which shall be proceeded in as in other civil cases and de- cided according to law and the equity of the case, and if the claimant sustain his action the defendant shall be removed, by order of the Court, within five days from the trial of the cause, and pay all costs ; and, in default thereof, the Judge shall issue a writ of possession, or execution, as the nature of the case may require. If the plaintiff fail to establish his claim, he shall be

Independent District 189

liable to the defeiulaiit for all costs and damages, to be deter- mined as in other civil cases.

Liens

Section 23. Anv person performing labor or furnishing material for any buildings, claim, or other kind of work, at the request of the owner or agent thereof, shall be entitled to a lien upon the same for the amount of such labor performed, or ma- terial furnished, provided said lien is filed and recorded within thirty days from the time said labor was performed or material furnished, and all conflicting liens shall have priority according to their respective origins if filed and recorded as aforesaid.

Sunday

Section 24. The officers of this District shall not be com- pelled to perform any civil business on Sunday. Sunday shall not be counted against any persons staking claims on Saturday.

Public Highways

Section 25. There shall be appointed by the President three Road Commisioners, one of whom shall be a practical sur- veyor, who shall take to their assistance such other assistance as they may need, and proceed to lay out and establish all neces- sary public roads and passways for this District, which shall be surveyed, marked, measured and platted, and make returns thereof to the Recorder of the District forthwith, and said Re- corder shall record the same. All streets running up and down the Gulch shall be forty feet wide, and cross streets twenty feet wide ; cross streets to be located on the lines of building lots, taking ten feet from lots on each side of said cross streets. Per- sons performing service under this Section shall be entitled to two dollars and fifty cents per day, for all time necessarily em- ployed in the discharge of their respective duties, said amount to be paid out of the District treasury, upon the order of the President, out of any money not otherwise appropriated. Said roads or passways are not to interfere with previous improve-

190 Gilpin County Records

ments, or if they do, to pay the damages assessed by three dis- interested men to be chosen by the President.

Section 26. Any person obstructing any public road or passway, to the hindrance or inconvenience of the public, shall be liable to any fine that may be assessed against him or them by the Court or jury, together with costs of suit, and, moreover, be liable to a like fine for every twenty-four hours that said ob- struction shall remain.

Tunnel Claims

Section 27. If any person shall locate a tunnel claim in this District, for the purpose of working the same, he shall first file a specification of the same with the Recorder, whose duty it shall be to record the same upon the payment of his fees. Said specifications shall state the place of commencement and the termination of said tunnel, together with the names of the parties interested therein. A square stake shall be placed at its mouth, having written thereon the same things hereby made necessary to record. Any person, or persons, engaged in working a tunnel — provided he or they shall comply with the requirements of this law — shall be entitled to two hundred and fifty feet on each side of the center of said tunnel of all lodes that they are the original discoverers of, and also fifty feet on each side of the centre line of said tun- nel of all lodes discovered by other persons after the commence- ment of said tunnel ; and said hundred feet last mentioned shall belong to the owners of said tunnel claim, so soon as said tunnel shall be worked to intersect said lode ; and sucb parts of lodes as said tunnel owners are entitled to by this law, shall be held as discovery claims. The line of all tunnel claims shall be sur- veyed and plainly staked, or marked, from the commencement to the termination thereof, prior to the commencement of the work. If any person, or persons, locating a tunnel claim, shall fail to work the same for the period of fifty consecutive days, after the first day of July next, they shall forfeit their claim to said tunnel, but not to the claims they have discovered, and held by virtue of discovery, before the time of said forfeiture. Tun-

Ixdepexdext District 191

nel claims shall have only the right of way across all lodes that may lie in the course of said timnel that is staked, marked and recorded according to law.

Towns and Villages

Section 28. Any person, or persons, laying ont a village, toMTi or city, in this District, shall erect some prominent monu- ment as a starting point, and file with the Recorder a plat of said village, town or city, within fifteen days, giving a full de- scription of the starting point, the courses and width of streets, size of blocks and lots and numbers of each, and all other things necessary for the location of said village tovn or city, and the Recorder shall record the same upon payment of his fees.

Claims

Section 29. All claims made on lodes by discovery shall be two hundred feet by fifty wide, a pre-emption claim one hundred feet by fifty wide. All cross lodes within said District shall be the property of the claim owners. Measurement in all cases shall be horizontal. Gulch claims shall be one hundred feet up or down the gulch, extending from bank to bank. Patch claims shall be one hundred feet square. Discovery claims shall be staked and marked as such. All legal claims shall be lield as vested rights. Any person shall be entitled to hold one mill site, one water power claim, one gulch claim, one patch claim, one building lot and one village, town, or city lot, one lode claim on each lode, and one tunnel claim, by pre-emption. All claims shall be staked in presence of a witness, (except village, town or city lots, which may be taken by numl)ers,) and the name of the claimant, and kind of claim, with the date of staking, &c., plainly marked on the stake, and filed with the Recorder within twenty-four hours from the time of staking, and recorded within fifteen days. Filing of all claims shall be free. There shall no timber claims allowed. No claims shall be valid, if taken by a person not residing in the vicinity of the Rocky Mountains.

Section 30. No lode shall be recorded, unless the lode or

192 Gilpin County Records

crevice is exposed by actual work, and gold discovered by wash- ing or otherwise. The discoverer may have sixty days to open and prove the lode and file for record, and no lode claim, as a pre-emption, shall be valid, until the discovery claim is filed and a name given to said lode.

Water Poweb &c.

Section 31. All water powers shall have twenty feet head on all streams large enough to run mills, and shall hold the same as vested rights. All mill sites shall be one hundred feet square to build upon. Building lots shall be fifty feet front and one hundred feet back.

Timber

Section 32. All timber on quartz claims shall belong to the owners of the claims, and where lodes run near each other, the timber shall be equally divided between the respective own- ers ; and timber on all other claims shall belong to the owners thereof.

Water Companies

Section 33. When water companies are engaged in bring- ing 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, but shall so guard themselves in passing as not to injure the party over whose ground they pass.

Sheriff's Fees

Section 34. The Sheriif shall receive for his services the following fees, to-wit : $ cts.

Serving Summons, for each person therein named 25

Writ of Mandamas 50

Subpoena, for each person therein named 121

Serving Writ of Attachment 75

" " Replevin 75

" " " Order or notice of Court 25

Executing order of Arrest 25

Independent District 193

$ cts.

Taking each Bond 25

All copies necessary to complete the service, for each

hundred words, or fraction over, or less number of

words 10

Summoning each Juror 25

" Talesman 71/2

Sending in criminal cases 50

Attending Prisoner before court or jury 50

For each mile travel, computed each way 5

Appraisement of Property 75

Advertising Property for Sale, besides actual expenses. 75

Levying Execution 50

Selling Property on Execution or order of Sale 50

Making Deed for Property sold upon Execution 1 50

Attending court, per day 1 00

Bringing up Prisoner on writ of habeas corpus, besides

actual expenses 75

For all sums made by sale on execution or order of sale,

not exceeding five hundred dollars, 2V2 per cent. . . On all sums over five hundred dollars, one per cent If made without sale, on all sums under five hundred

dollars, per cent., and over five hundred dollars

I/2 per cent

All fees not enumerated to be in proportion to those

enumerated

Witness' and Juror's Fees, per day 2 50

New Lodes

Section 35. Owners of newly discovered lodes, running parallel and within twenty-five feet of a previously discovered lode, shall be entitled to work the same and occupy one-half of the surface between the two crevices for waste dirt, quartz, &c. Hereafter, no lode shall be recognized as crossing a gulch, and whosoever shall discover the course and prove up the lode on the opposite side of the gulch, shall have the right of discovery, as the law provides, and shall also liave the right to name the

194 Gilpin County Records

lode ; but lodes staked and claimed across a gulch, or an exten- sion of one already discovered on the opposite side, shall be legal, provided they do not interfere with lodes or claims already recorded or being discovered.

Ckoss Lodes

Section 36. Owners of cross lodes shall have the right to work their crevice up to the crevice of the previously discovered lode, and one-half of the surface, for waste dirt, quartz, &c.

Murder

Section 37. Any person found guilty of wilful murder shall be hanged by the neck till dead, and then given to his friends if called for, and if not, to be decently buried ; and all other crimes not enumerated in these laws shall be punished as the Court or jury of men may direct.

Perjury or Theft

Section 38. Any person found guilty of perjury or theft, shall receive not more than twenty-five, nor less than ten, lashes on the bare back, and banished from the District, and their property confiscated to pay costs of prosecution and damages.

Salting Claims, &c.

Section 39. Any person found guilty of "salting," as it is termed, or putting gold into either quartz or gulch claims, for the purpose of deceiving, or found guilty of pulling up stakes, or defacing them or in any manner destroying notices or land- marks, shall pay a fine of not less than ten nor more than fifty dollars, and, in default of the payment of said fine, they shall receive not less than ten nor more than twenty-five lashes upon the bare back, and be banished from the District.

Setting Out Fires

Section 40. Any person who shall wilfully, maliciously, or through negligence, set out any fire in this District, or so that

Independent District 195

it come into this District and destroy any timber or other prop- erty, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as the Court or jury may direct, and be liable to all parties injured thereby.

Nuisances

Section 41. Every act of commission or omission which may affect the public health or convenience, shall be regarded as a nuisance — and the person or persons causing the same, shall be liable to a fine of not more than one hundred nor less than five dollars, and remain so liable for every twenty four hours that the same may continue, to be determined by the Court or jury according to the aggravated nature of the offence, and it shall be the duty of the officers of the District to see that this Section of the law is put in force.

Section 42. All gambling houses and houses of ill fame or prostitution, shall be considered a public nuisance and treated as such.

Boundaries

Section 43. The boundaries of this District shall remain as fixed by the committee elected for that purpose on the 15th of January last, and as set forth in the first Section of these Laws, and as surveyed and platted by said committee, until changed by a vote of the majority of the legal voters of the Dis- trict, at a meeting legally called by the President of this District for that purpose, or until changed by a committee of Delegates from this and adjoining Districts.

Section 44. These Laws shall take effect from and after their adoption and shall not be altered, changed or amended without the authority and sanction of a majority of the legal voters of the District, at some public meeting legally called for that purpose.

Toll Road

Section 45. John Q. A. Rollins & Co. are hereby author- ized to build a toll road from Gold Dirt, up Gamble Gulch or

196 Gilpin County Records

its vicinity, to connect with a road at the head of Missouri Gulch, that will lead to Central City or Gregory Point, and col- lect toll on the same, not exceeding one dollar for a double team and seventy-five cents for a single team.

We hereby certify that the foregoing is a true copy of the Revised Laws of Independent District, as passed at a meeting legally called for the adoption of said Revised Laws, Vv'hich said meeting finished said labors on the 19th day of February, A. D.

Given under our hands, at said Independent District, the day and year aforesaid. W. B. Osbom, Secretary. David Ripley, Chairman.

Fairfield District

Minutes And Laws.

Boundaries of Fairfield District, as formed May 2Sth 1860. Commencing at the Discovery claim and from thence run- ning West, or up the creek one mile, and from the Discovery claim do\\Ti the Creek to the \Yest line of Enterprise District or to the mouth of the Missouri Gulch, and to the Summit of the mountains North and South.

Geo. E. Wilson Recorder and Secy.

Fairfield District Mercer's Gulch, June 25th 1860

Meeting convened pursuant to adjournment.

The committee appointed at the last meeting to revise the Laws adopted at a previous meeting, reported by their chairman that owing to the want of necessary information they were un- able to make a definite report, and asked for further time to re- port in, which On motion of John Cummings was granted.

A motion was made by Mr. Emmerson to the effect that a vote be taken by those present in regard to the ownership of what timber may be in the district, whether to the citizens thereof or to those having Ranches in the District, remarks were made upon the Subject by Messrs Furguson, and Eggers, when Mr. Fergiison moved that the Subject be laid upon the table and a committee appointed to investigate the matter and report at a Subsequent meeting, which motion did not pervail.

Mr — moved an amendment to the original, which

was accepted by W. Emmerson that the timber in Fairfield Dis- trict be considered as public property. Carried.

Meeting adjourned until Monday Evening next.

' Fairfield District, Journal of Meetings of the Citizens. Tliis is a bundle of unbound sheets.

'The provision regarding boundaries was placed in the manuscript after the minutes of the meeting of July 9, 1860.

198 Gilpin County Records

Fairfield District July 2nd 1860.

Meeting convened pursuant to adjournment.

The committee appointed at a Subsequent meeting to revise

tlie laws formerly adopted by the citizens of this District made

the following report which was received, taken up and voted on

in Sections and adopted without any further amendments.

Mr. President and citizens of Fairfield District.

Your committee which have had under consideration the Code of Laws as passed at a previous meeting have had the Same under consideration, made Some amendments, such as we deemed right and necessary and therefore Submit the following revision of An Act Defining Claims and regulating the title thereto.

Sec 1. — Be it enacted by the citizens of Fairfield District, That all mining leads of gold, or any other precious or useful metals, and all mining and other claims shall be held under and defined by the provision of this act.

Sec 2. — That the term "claim" as used in this District, shall be construed to mean, when applied to a lead one hundred feet, running the length of the Same, and fifty feet in width; when applied to a gulch one hundred feet, following its mean- derings and extending from bank to bank; when applied to patch or placer diggings, one hundred feet Square; when ap- plied to tunnelling claims, the entire distance intended to run the Same for discovery purposes, as shown by record and the stake at the mouth of the tunnell ; when applied to a Mill claim, the distance of two hundred and fifty feet Square ; when applied to race claims, the distance Staked out to bring water to Mill claim not to exceed in length 750 feet or to interfere with any vested rights ; when applied to a ditch claim the entire distance staked out which they intend to run the Same, as shown by the Survey and Stakes ; when applied to a water claim, the exclusive right to use water for mining purposes, upon any ditch or stream not exceeding in distance 250 feet when applied to a farming or ranch claim, one hundred and Sixty acres, when ap-

Fairfield District 199

plied to a building claim 50 feet front, and one hundred feet deep.

Sec 3. — That no person shall hold more than [one] Gulch, lead or patch claim in this District except by purchase or dis- covery.

Sec 4. — That no person shall hold more than one Mill, Race, Ditch, Water, building, Farming or Ranch claim in this District except by purchase.

Sec 5. — That no claim or claims shall be good and valid, unless staked off with the owners name, giving the direction, length, width, and date when the Same was made and when held by a company the name of each member thereof shall conspicu- ously appear.

Sec 6. — That Each Discovery claim (mining) shall be marked as such, with the name of a lead also (if a lead) and they shall be Safely held whether worked or not. But no per- son shall be entitled to a discovery claim or any Supposed Lode until he shall open it sufficiently to test its existence.

Sec 7. — That any claim or claims now held by preemption if abandoned for ten consecutive days after being Staked off, shall be forfeited to any person or Persons who may take up the Same and work them and not abandon them as aforesaid. Pro- viding, unless the person or persons whoso has or shall preempt a claim file with the Recorder a statement thereof wherein he shall describe the claim and aver that it cannot be worked or used profitably for the want of water or proper machinery in which case it shall be safely held until the first day of June A. D. 1861.

Sec 8. That all purchased claims shall be safely held whether worked or not provided they be recorded.

Sed 9. That when members of a company consisting of two or more shall work one claim of the company, the rest shall be considered as worked by putting a notice of the Same thereon.

Sec 10. That in all cases when parties shall have com- plied with the law as far as possible, priority of claim when hon- estly carried out shall be respected.

200 Gilpin County Records

Sec. 11. That all Deeds, Bonds, Contracts, Bills of Sale, or instruments of any kind relating to the conveyance of claims, and bonds, shall be witnessed by at least two disinterested wit- nesses and recorded.

Sec 12. That when any miner shall hold both a gulch and Lead claim by preemption, if one be worked the other may be held without working by recording the Same.

No amendments were made to the following Sections as

13 14 15 16 17 18 19

adopted before, to wit: — Sections:

15 16 17 18 19 20 21

20 21 22 23 22

of the old laws : Sec. — was so amended, as to

22 23 24 25 24

strike out "1st day of July next", and insert "location thereof" Sec 24. That all acts or parts of acts conflicting with the provisions of this act are hereby repealed.

Geo. E. Wilson. Chr.

On motion of Mr. Ferguson the committee was granted further time in which to revise the code,

Mr. Emmerson offered the following: which was adopted,

Resolved:

That every person or persons owning Mill or Race claims in this district be required to make a good and Sufiicient wagon road over the Entire length thereof, to be finished by the 1st day of August next, or forfeit his or their ownership to said claim or claims to any person or persons who may comply with the above provisions within ten days thereafter, and it is also.

Resolved — that owners of Mill or Race claims, complying with the above resolution will be entitled to hold their claims until June 1st 1861 without farther being worked upon.

On motion the meeting adjourned to meet on Monday Evening next July 9th 1860.

Geo. E. Wilson, Secy.

Fairfield District 201

Fairfield District. July 9th 1860.

Meeting called to order, Judge Pollock in the chair. .

Mr. Nagle moved that the boundaries of Fairfield District as heretofore defined be recorded. Carried.

The question arising in regard to the disputed Mill claims, of Moore, Morris & Hunters' some discussion was had when,

Mr. Shadford moved that a committee of three be ap- pointed to investigate the matter and report at the next meeting. Carried.

The Chair appointed Messrs Shadford Mercer & Samuel Oummings on said committee.

On motion the meeting adjourned to meet at the Record- er's office, next Monday Evening.

Monday Evening July 16th 1860. Recorder's Offi.ce of Fairfield District.

The meeting was called to order by Judge Pollock.

This being the evening that the committee (which was ap- pointed at last meeting to investigate the disputed Mill claim case) was to make their report, and none of said committee be- ing present, Mr. Moore gave the verbal report of said committee that they had not investigated the matter, and had left it in its original shape.

Mr. Hunter moved that the mill case be taken up and set- tled. Carried.

Some discussion was had on both sides when Mr. Nagle moved that the whole Subject be laid upon the table and a com- mittee appointed to investigate the matter and report at next meeting. Carried.

The chair appointed E. Nagle, John M. Roberts and Wm. T. Newell as said committee.

Mr. Shadford tendered his resignation of the office of Pres- ident of this District, which on motion of Mr. Wilson was ac- cepted.

On motion of Mr. Nagle the Recorder was instructed to post 3 notices in the district, notifying the citizens of an election of President at the next meeting, &c

202 Gilpin County Records

On motion of R. Hunter the meeting was appointed to be held at the Recorder's office next Monday Evening July 23d — Meeting adjourned.

Geo. E. Wilson. Recorder.

Satturday Evening Sept 8th, 1860 Recorders office Fairfield Dist

The meeting called to order by judg Pollock..

J. W. Bissell offored the following Resolution

Resolved : that any person residing in this District or any person residing in any outher district and owns A claim in this District and having the Same Recorded shal be A legal voter in this district. And that Set. (7) of an act in relation to duties of officers fees &.c be hereafter repealed

Vance mooved that Mr. Emerson & Smith be judges of the election. Mosion caried. Mr Roberts appointed clerk. Mr Nagle offered notice to adjourn until tuesday night Sep 11th at the Recorders office the poles being declared open, the following candidates was baleted for. for recorder A. P. Vance Tho. Kin- sey Wm. Lawrence J W Dewey, for Sherriff E ISTagle, J P Han- nans Wm M Todd. Vance was elected Recordr J P Hannans Sherriff

A. P. Vance Recorder

Eairfield Dist Recorders Office July 23/1860 Metting called to order Judge Pollock in the Chair Minutes of last read and approved the commitee appointed at the last meting to investigate the Mill Claim made their re- port which was received and committee discharged

The Mill Case being before the Meeting Statements were made by Messrs Hunter, Nagle Moore & Keables when Mr Nagle made a motion to vote by Ballot Carried

Mr Harsh moved that the Parties who first took the Claims

& staked them off, & had them Recorded according to Law be

declared the lawfuU owners thereof, on vote the motion carried

Mr Nagle offered the following which was adopted

Resolved : — That the Office of President of the District be

Fairfield District 203

hereafter abolished and that the Judge thereof be required to preform the duties heretofore required of the Presidnt of this District

On Motion the meeting adjourned to meet Saturday even- ing July 28th 1860

Geo E. Wilson Sect

Fairfield District Recorders Office. Aug 11th 1860

Meeting called to order by Judge Pollock

Mr Harsh moved that the Boundaries of Fairfield District be extended West to the East line of Eagle District. Motion Carried, after which Mr Harsh offered the following Resolu- tion which was carried

Resolved : that Claims now on record or that may here- after be recorded previous to the 1st day of July 1861 Shall be held good until that time

Mr Emmerson offered the following Resolution which was adopted

Resolved : that all Discoverers of Quartz Lodes be entitled to hold 200 feet for a discovery claim on that lead for the dis- covery of the same instead of 100 feet as has heretofore been the law of this District

On Motion the Meeting adjourned

Geo E. Wilson Sect

Recorders Office Sept 11th 1860 In pursuant to adjournment the Meeting was called to order by Judge Pollock when the following Resolution was read Balloted upon & carried

Resolved : that there be a Road Inspector appointed whos duty it shall be to inspect the Road along the Creek in this dis- trict and deside what portion of Said Road is good & practicable as a wagon Road and what portions are not passable roads for loaded teams

And be it further Resolved that it shall be the duty of said inspector upon unbiased examination to report all portions of said Road not passable & good to the Clerk whos duty it shall bo

204 Gilpin County Records

to post notices on each portion of the road declared a !N"iiisance bj the Inspector, that unless Said Roads is made a good passable wagon Road for loaded teams within ten days from the time the [notices] are posted each persons water Claim lying oppo- site said condemned Road Shall be liable to be jumped by any person who shall begin work immediately after the time the Notice expires and complete the road within five days from the time of commencment

On Motion Mr Shaw was appointed Said Road Inspector On Motion Inspector was to report immediately to Clerk On Motion Meeting adjourned

A. P. Vance

Sect

Recorders Office Fairfield Dist Sept 24th 1860

In accordance to legal notice given by Judge Pollock for a Miners Meeting the Meeting was called to order by Judge Pollock

On Motion of Mr Jones to reconsider the Resolutions passed Sept 11th 1860 in relation to an Act appointing Road Inspector &c. reconsideration was granted, when on Motion the Said Resolution was repealed by a large Majority

Mr Dewey offered the following as an amendmet to Sect 4th of the JSTuisance Law which was adopted 1st. Be it enacted by the Citizens of Fairfield District JSTorth Clear Creek that no person Shall be allowed to obstruct or hinder the free recourse or passage of said North Clear Creek by running Saw dust or any filth in Said Stream

2nd And be it further enacted that any person who may violate the first section of this act shall be deemed guilty of mis- demeanor and for the first offence shall be fined in a sum not less than ten dollars nor more than One hundred dollars together with all damages that may accrue by such misdemeanor. And for the second offence shall be fined in a sum not less than One hundred dollars nor more than five hundred dollars together with double the amount of all the damages that may be sus- tained by such misdemeanour

Fairfield District 205

3rd And be it further enacted that the fines thus accrued arrisine: from the viohition of this law shall become a Road fund and shall be applied on the Roads of this district

Mr Dewej offered the following amendt to Sect 6th of an Act regulating the duties of the Sheriff of thi?; District which on motion was adopted

Be it further enacted by the Citizens of this District that it shall be the duty of the Sheriff of this District to pay strict attention in regard to INuisances and in case of Xuisances shall notify the parties concerned & in case of resistance shall com- mence suit, according to Law

Mr Harsh offered the following enactment which on motion was adopted

Be it enacted that there shall be a fine against every person or persons that commit damages to the publick Roads Such as taring up Bridges or dislocating any grades of Stone or Earth of the aforesaid Roads or drawing heavy timbers on the ground of Individuals Claims taken for any purpose and damaging said Claims and in case any person or persons shall damage or cause to be damaged the afforesaid Roads or claims they shall be liable to a fine not exceeding One hundred dollars and not less than ten dollars the afforesaid damages to be collected as provided for in the Xuisance Law of Fairfield District and the damages to be appopriated as the Nuisance Law provides

On Motion that the Recorder be required to post 4 Notices of the above Law in as many conspicuous places in this Dist Carried

On Motion the Judge appointed a committee of 3 to in- vestigate the matter in regard to the Xevada Ditch Co taking the Water from this creek & also to concur with the Citizens interested in other Districts who are interested and report at the next regular meeting

Messrs Dewey, Bond & Todd appointed said committee

Mr Dewey moved to adjourn until thursday Eve Oct 4th

1860 Carried

A. P. Vance Sect

206 Gilpin County Records

Eecorders Office Oct 11th 1860 Pursuant to a call of the Citizens for a Meeting to elect a Judge of Miners Oour of Fairfield Dist to fill vacancy of Office until next anual Election the Meeting was called to order J P Hannan elect to chair Mr Noble being the only Candidate was balloted for and unanimously Elected A Motion to adjourn, carried

A. P. Vane Recorder E Nagle Dept

Recorders Office Oct 20th 1860

Miners Meeting: Pursuant to a Legal call the Citizens meet was called to order, there being [no] Judge to preside, Mr S. Copeland was Elected to fill the Chair. E. Nagle offered the following Act which was taken up & Balloted on which carried

Fairfield District Oct 20, 1860

Be it enacted by the Citizens of Fairfield Dist That on & after this date, Each & every person shall be entitled to hold by Premption one claim on Each and Every Quartz Lode in this District And the portion of Sect 3 Conflicting with this Act of an Act defining Claims & regulating the Titles thereto passed July 2nd 1860 be & is hereafter repealed

The Judges Office being vacated Mr Lawrence moved the we proceed to Elect a Judge & the vote be taken by Ballot. Carried.

Judges and Clerk appointed by the Chair for Election Mr Lawrence appointed Clerk Mess Todd & Cairens Judges Citi- zens proceeded to Elect. After election the Judges made the following Report.

We the Judges chosen to preside over the election held in Fairfield District this 20th day of October 1860 give the follow- ing as voted on for Judge, to Wit :

G. W. Sayers received 13 votes Hiram Burget " 11 "

deciding in said G. W. Sayers favor by 2 votes

On Motion to adjourn carried

Fairfield District 207

On Motion to reconsider the vote to adjourn carried Meet- ing was called to order bj the President

Mr Savers not being present so as he may be qualified in his office a motion was made & carried that the Recorder be em- powered to make out an affidavit, to qualify the Judge Elect to office and on his signing the same the recorder record the same on the Journal of Meetings.

Moved & seconded to adjouni carried. Recorder made out the following Oath of Office for G. W, Sayers which was signed in my presence Oct 22nd 1860

I George W Sayers do solemnly swear before the All mighty God to support the Constitution of the United States & the Laws of this "Fairfield" District and that I will neither for gain, Malice, fear or favor will prejudice any case which may come before me while Judge of the afforesaid District

Geo. W. Sayer

E Nagle Attst A. P. Vance

Recorder F. D. E. Nagle Dep

Meeting of Miners of Fairfield Dist Feby 23rd 61

Pursuant to a Legal Call for an Election of Officers, of Fairfield Dist the largest number of Miners being present

J. W. Medbury offered a motion to organise into a meett- ing to transact other Business, which was seconded & carried

Judge Sayre then took the Chair Meeting Called to order & proceeded to the following business

Secretary read the proceeding of Meeting held July 23rd 18G0, when J W Medbury moved to recind a resolution passed at the meeting which abolished the Office of President. Sec- onded. Vote Yeas 2 Nays 2 tie vote

A division of the house being called resulted for recinding 12 against 7

On motion which was seconded & carried that the Judge appoint a committee of three to Codify the Laws of tliis Die & Judge Sayre be Chm of Committee, Carried

208 Gilpin County Records

Committee appointed J W Me [d] bury Wm Lawrence & E Nagle

Mr Voting against recinding the foregoing Resolu- tion moved a reconsideration which was carried. Vote then be- ing taken on the previous question carried unanimous

Moved & Seconded to adjourn Carried. Meeting adjourned

E Nagle Sect

Office of Judge of Fairfield Dist March 23rd 1861 Persuant to a Legal Call Citizens of this Dist met at Judge Sayres Office

Meeting was called to order Judge Pollock in the Chair Agent of St Verain, Altona Bolder Mines, Gregory & Middle Park Wagon Road Company, offered a Resolution pray- ing for Charter to said Co to constnict a Toll Road through this Dist Resolution being discussed question was called & on vote Charter was granted unanimous

A Delegation from Enterprise Dist came in an offered a Resolution which was decided out of Order

On Motion meeting adjourned until Monday night March 25th 1861

E Nagle Sect

Illinois Central District

At a Meeting of the Citizens of 111. Centrall District held in Missouri City on the 30th day of June 1860, at 4-o'ck P.M., A Committee Consisting of E. M. Gault Wm Dillon S W. Bor- ton Samuel Reed, and M.A. Moore, was appointed to Codify and Amend the Laws of said District, and report the laws so Codified and Amended, at a meeting, in Missouri City, on the 10th day of July 1860. In accordance with the duties imposed upon them, the Committee report the following. Acts regulat- ing the rights of persons and property, and the manner in which those rights may be preserved.

An Act to Define the Boundaries of Illinois Central District

Sec Ist Commencing on a small hlufF, Xorth East of the Lake, thence in a north westerly direction in a direct line to the highest point of Quartz Hill, thence along the divide between 111. Cent. District and Nevada district to the top of Gold ]\[oun- tain, thence South Westerly following the divide to a point of Rocks near the head of Gold Run and Leavenworth Gulch, thence crossing the head of Gold Run and down the divide be- tween Gold Run and 111. Gulch and Russell Gulch, to the mouth of Illinois and Russell Gulch, thench Crossing Russell Gulch down on the South Side of said Gulch to the mouth of Willis Gulch, thence North to the North Side of Lake Gulch, thence up the North Side of Said Lake Gulch (following the divide) to the place of beginning, including Said Lake Gulch in Til. Cent. District.

Sec. 2. Be it further Enacted, that no change shall here-

The laws are in duplicate as far as tlio "Act in Relation to the Officers of the Illinois Central District, their Duties. Term of Ollice, and Fees." The manuscripts were found amon; the Sayrc ra|)erK.

210 Gilpin County Records

after be made in the Boundaries of this District — without the consent of its Citizens as hereinafter enacted

Sec. 3. Be it further Enacted that if any person or per- sons shall wish to change the Boundaries of this district, or Erect another within the same, or annex any territory not be- longing thereunto A Public Meeting of the Citizens of this Dis- trict, shall be Called and one Weeks Notice given of the Same, by posting Twelve Notices of Said Meeting, in as many Con- spicuous places. If the petition for a New District or Change of boundary applied for in this District, be granted, it shall not take Effect for ten days thereafter.

Approved July 10th 1860.

An Act Defining Claims and Regulating the Title Thereto

Sec 1. Be it enacted. That all Mining Leads of Gold or any other precious or useful Metals, And all Mining and other Claims, shall be held under and defined by the provisions of this act.

Sec 2 — Be it further Enacted: That the term "Claim" as used in this District, shall be Construed to Mean, when Ap- plied to a Lode one Hundred feet running the length of the Same and fifty feet in Width. When applied to a Gulch, One Hundred feet by fifty When Applied to Patch or Placer dig- gings one Hundred feet by fifty When applied to Tunnelling claims, the entire distance intended to run, the same for dis- covery purposes as shown by Record and the Stake at the mouth of the Tunnell ; When applied to a Quartz WiU Site the distance of Two Hundred and fifty feet square — when applied to a Ditch claim — the entire distance Staked off which they intend to run the Same by the Survey and stakes — When applied to a Water Claim the exclusive right to use water for Mining pur- poses on any Stream Not exceeding in distance over 250 feet. When Applied to a building Claim fifty feet by one Hundred

Sec 3. Be it further Enacted. That no person shall hold more than one Lode, Gulch, Patch or Placer Claim in this dis- trict. Except by purchase or discovery —

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Sec. 4. Be it further Enacted. That Xo person shall have or hold More than One Water or Ranch claim Except by purchase

Sec 5. Be it further Enacted : That each discovery claim shall be marked as such, And all Bona fide purchase claims, shall be recorded within fifteen days from the date of the Deed, And in Either Case they shall be safely held whether Worked or not

Sec 6. Be it further Enacted : That any claim or Claims if not held Either by purchase or discovery, if abandoned, or not worked in good faith, for ten Consecutive days after being Staked olEf — shall be forfeited to any person or persons who may taks up the same and work them, and not abandon them as aforesaid — Except when ample facilities Cannot be aforded for Working the same.

Sec 7. Be it further enacted That, no claim shall l)e re- garded as good and valid, unless it be Staked off, with the ovn- ers name, giving the direction — length, width, and date, when the Same was made, and when held by a Company, the name of each Member of the Company shall appear Conspicuously, and every made claim except the Discovery claim shall be recorded within ten days after taking the Same.

Sec. 8. Be it further Enacted : That, when Members of a Company Consisting of two or more shall work one claim of the Company, the other claims of the Co. shall be considered as worked by putting a Xotice of the same thereon —

Sec. 9. Be it further Enacted — That all preemption claims — which have been or may be taken u]) before the first day of August next need not be worked untill that date — pro- vided that the person who so has, or shall take up a claim as aforesaid, shall Record the same, and properly describe them.

Sec. 10. Be it further Enacted : That in all case where parties shall have complied with the law, as far as possible — priority of right or claim — when honestly carried out shall l)e respected —

Sec, 11. Be it further Enacted — That all Contracts of partnership or agreements — whereby an interest in claims or

212 Gilpin County Records

Lands are Concerned, and all Contracts relating thereto — here- after made, shall be in writing, and give the names and intent of each of the parties. And when a partnership the firm name also, and the same shall be recorded, or the contract shall not be regarded as binding upon or effecting any but the Original par- ties in any transaction whatever —

Sec. 12. Be it further Enacted. That all deeds, bonds Contracts, bills of Sale, or instruments of Writing of any Kind, relating to the Conveyance of claims, shall be witnessed by at least two disinterested witnesses and Recorded —

Sec. 13. Be it further Enacted: That when any Miner shall hold a Gulch, Patch, Lode or other claims, if one be worked or operated upon, the others may be held without work- ing, by Recording the Same.

Sec. 14. Be it further Enacted, That any person or per- sons owning a Quartz Mill claim upon which he has a mill, or is preparing to place one, has the right to cut a Ditch or race from any Stream to bring Water to Said Mill, Not interfering with vested rights —

Sec. 15. Be it further enacted, That when water Com- panies are engaged in bringing water to any portion of the Mines, they shall have the right of way recorded to them, And may pass Over any claim or Ditch, provided the water shall be so guarded as not to interfere with any vested rights —

Sec. 16. Be it further Enacted, That when water is claimed for Gulch and Quartz mining purposes on the same Stream, neither shall have the right to more than one half of the water in Said Stream unless — there shall be sufficient for both, when priority of Claim shall determine —

Sec. IT. Be it further Enacted. That other Questions not Settled by the provisions of this Act, arising out of the rights of riparian proprietors shall be decided according to the common law.

Sec. 18. Be it further enacted. That claims of every kind except discovery mining claims, must be recorded unless the same are worked on or used according to law Continuously every ten days —

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Sec. 19. Be it further enacted : That no person or per- sons shall be allowed to mine under any building, or other im- provement unless he first secures the parties against all damages except by priority of title

Sec. 20. Be it further Enacted. That if any person or persons shall locate a Tunnell in this District, for the purpose of Discovery, he shall file a specification of the same with the Recorder, whose duty it shall be to record the same upon the payment of his fees. The said specification, shall state the place of Commencement and termination of said Tunnell togather with the name of the parties interested therein. A Stake shall be placed at the Mouth having written thereon, the same things hereby made necessary to record —

Sec. 21. Be it further Enacted — That any person or per- sons Engaged in working a Tunnell provided, he or they shall Comply with the requirements of the laws, shall be entitled to Two Hundred feet on each Side of all Lodes discovered in con- sequence of the Same. And such parts of the Lead as they are entitled to in Consequence of said Discovery shall be held as dis- covery claims provided they do not interfere with vested rights. And if it shall appear that Lodes are Staked off — on the line of said Tunnell, so that the required Number of feet Cannot be taken near to the Same they may be taken upon any part thereof, where the Same may be found vacant —

Sec 22. Be it further enacted. That if any person or persons locating a Tunnel claim shall fail to work the same for Thirty consecutive days after the first day of August next, they shall forfeit their Claim to Said Tunnell but Not to the claims they have discovered and held by virtue of Discovery before the time of forfeiture.

Sec. 23. Be it further enacted. That the person or per- sons working a Tunnell shall after the same is legally located have the priority of right to all the Lodes discovered on the line of the Tunnell from the recorded line of its mouth to its termi-

In the other copy of the laws this reads "making."

In the other copy the last word is "discovery" instead of "forfeiture."

214 Gilpin County Records

nation, and shall have the right of way through all Lodes which may lie in its Course, if said Tunnell is recorded Staked out and Worked — Approved July 10 1860

An Act in Relation to the Officers of the Illinois Cen- tral District, their Duties, Term of Office and Fees.

Sec 1. Be it further enacted by the Citizens of the Illi- nois Central District in convention assembled that there shall be elected in this District upon the 1st Monday of August in eaeh year the following Officers — who shall hold their respective Offices for the term of one year unless they should sooner be re- moved by death resignation or for Misconduct in Office — viz: A President a Judge of Miners Court and a Recorder who shall be Ex-officio Secretary and treasurer of this District And a constable

Sec 2. Be it further enacted That it shall be the duty of the President of this District to preside at all Public Meetings of th Citizens of the District when called for purposes relating to public business, and to preside at the trial of all Causes which May Lawfully come before him as hereinafter provided

Sec. 3. Be it further enacted That it shall be the duty of the Judge of Miners Court to try All Causes which May law- fully be brought before him as hereinafter provided — To pre- side at public Meetings and the trial of Causes in the Absence of the president and perform such other duties as the law re- quires—

Sec 4. Be it further enacted That it shall be the duty of the Recorder safely to Keep the books and Records of the District and to record all papers upon payment of his fees to act as secre- tary of the District at public Meetings of the District and to safely Keep all Moneys paid into his hands by the Judge of the Miners Court to be paid over as directed by the Citizens at some public Meeting legally called

Sec 5 — Be it further enacted That it shall be the duty of the Constable to attend all trials in this District — Execute all

Illinois Central District 215

writ-s that May be put into his hands — And perform all And singular his duties as herein after provided according to law

Sec 6, Be it further enacted That the fees of the Recorder shall be fifty Cents for each claim filed for record and seventy five cents each for all other instruments and the recorder May require all fees to be paid Upon filing —

Sec 7. Be it further enacted That all white Male persons of the Age of twenty one years who shall have resided in this District Three days previous to Any election herein held — And whose boarding And washing shall be in this District shall be a legal voter at any election herein held

Sec 8. Be it further enacted That the officere of this Dis- trict shall continue to hold their said Offices until the next An- nual election subject to the provisions hereinbefore named

Sec, 9. Be it further enacted That the Justice of the Min- ers Court, shall hereafter be Known as the Judge thereof

Sec 10. Be it further enacted that the Judge of the Min- ers Court shall have full probate jurisdiction within the District.-

Sec 11. Be it further enacted That the president, Judge, Recorder and Constable shall each be required to give good and sufficient security in the sum of one Thousand Dollars ; Condi- tioned for the faithful discharge of their several duties. The bonds of the resident Judge and constable to [be] Approved by the recorder and the bond of the recorder to be Approved by the Judge Approved July 10th 1860

An Act Establishixg a Miners' Court and Regulating ITS Jurisdiction.

Sec 1. Be it enacted by the Citizens of the "Illinois Cen- tral District" That the regular term of court to be kuowu as a Miners Court shall be held by the Judge of this District in some convenient and proper place upon the first and Third Saturday in each Month and all writs made returnable at said term shall

' In the manuscript Section 10 ia crossed out and the word "out" is written in the margin.

216 Gilpin County Records

be served on or 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 the officers of said Court shall consist of a Judge and Constable

Sec 3. Be it further enacted That it shall be the duty of said Court to sign all writs issiiing out of said Court to Make all transcripts of Judgments required on payment of his fees; to enter Judgments and issue executions and pay over to the proper parties all Moneys collected on such Judgments and Executions, To try all criminals And pay over to the treasurer all Moneys he May receive for the District for fines and Judgments and per- form such other duties as necessarially appertain to his office —

Sec 4. Be it further enacted That if the Judge of said Court shall not be able to attend to Any trial or shall be disquali- fied from any cause to tiy any suit or if any person shall Make his Affidavit in writing that he does not believe that he can have a fair and impartial trial before said Judge of said Court and if the Said Court shall be interested in the event of Any suit either as Plaintiff or Defendant or with either of them in Any Manner — the President of the District shall preside in the Miners Court at such trial —

Sec 5, Be it further enacted That the Miners Court shall have equity as well as law jurisdiction And May grant writs of injunction upon Motion 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 6. Be it further enacted That 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 Judgments

Sec — 7. Be it further enacted That the Jury for each term of Court shall be drawn upon the Saturday next preceding each term in the following Manner: The Judge of Miners Court shall place the names of fifty good and substantial Men in a box prepared for that purpose — And the constable in pres-

Illinois Central District 217

ence of the Judge shall draw therefrom the names of seven per- sons who Shall be Summoned to act as petit Jurors for the next Succeeding term of Court : when necessary the Constable May summon talismen but no person shall sen-e as a Juror for two successive terms of Court

An Act in Relation to Practice in the Miners' Court

Sec 1. Be it enacted by the Citizens of Illinois Central District in Convention Assembled That the distinction between Actions at law and suits in equity and the forms of all such Ac- tions and suits heretofore existing are abolished And in their place these shall be called a "Civil Action"

Sec 2. In such action the party complaining shall be kno%\Ti as Plaintiff and the Adverse party as the Defendant

Sec 3. All actions must be brought in the name of the real party in interest, if it is possible so to do —

Sec 4. Be it further enacted That if any person or per- sons shall wish to commence a civil action in the Miners Court of this district he or they shall file with the Judge thereof a peti- tion 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 — upon the filing of the petition as aforesaid the Court shall issue a writ of Sum- mons to be served upon the Defendant to appear and answer at the time therein named or Judgment will be taken against the Defendant by default

Sec 5. Be it further enacted That the Defendant may at any time before trial file his answer or demurrer — upon either of which the plaintiff may join issue. And if an Answer be filed containing new Matter irrelevant to the issue it lust be denied or avoided by plaintiff in his reply And all Matters not denied or avoided by one pleading subsequent to another shall be taken as confessed and true

Sec 6. Be it further enacted That the retilinii and An-

This act is crossed out in the manuscript and the words "stricken out" written in above.

218 Gilpin County Records

swer shall be verified by the oatb of the parties also the replica- tion and denial

Sec 7. Be it further enacted That in cases of foreclosure of a Mortgage or a lein of any kind upon a claim or other prop- erty the equity of redemption shall not extend beyond thirty days —

Sec 8. Be it further enacted that in all cases of Judgment for partition of claims between joint owners Three disinter- ested commissioners shall be appointed by the Court who shall effect such partition.

Sec. 9. Be it further enacted That no person shall be dis- qualified as witness in any Civil Action or proceeding — by rea- son of his interest in the event of the same as a party or other- wise provided there are no disinterested witnesses who may know the facts — That he or they may wish to give in evidence as such interested parties — which fact shall be sworn to by the per- sons or parties wishing to testify.

Sec. 10. Be it further enacted That depositions may be used in the Miners Court and other courts in this district in evidence on any trial — the party taking depositions shall give the adverse party notice in writing of the time and place of the taking of the same. Such notice must be served long enough before taking the same so as to give the party upon whom it is served sufficient time to attend the taking of the same.

Sec 11. Be it further enacted That no cause shall be con- tinued unless upon affidavit of the party or his Attorney of the absence of a Material witness — whose evidence is Material to the issue and that said party cannot safely proceed to trial with- out the evidence of said witness which he believes he can pro- cure at some future time which he shall state; or for other good and sufficient cause shown.

Sec. 12. Be it further enacted That in all cases of attach- ment and replevin the practice prescribed by the now existing laws of Kansas shall be observed as nearly as possible — and when in the case of attachment the defendant has left the Coun- try or keeps himself secreted within the same so that process cannot be served upon him — publication may be made in some

Illinois Central District 219

newspaper printed in this county for two consecutive weeks or five notices may be put up in as many conspicuous places in this County for the same time : either of which shall be deemed sufficient notice — provided the officer has made diligent search and inquiry and cannot learn that the Defendant is in this county — or that Said defendant cannot be found

Sec 13. Be it further enacted That Garnishee process may issue as a part of the original writ to be served on both Defendant and Garnishee or separately or it may be issued after the Execution is returned unsatisfied — and in either case if the Garnishee shall pay the demand over to the defendant after leeral notice — he shall still be held liable to the amount of Plain- tiffs Judgment and cost if he was indebted to that amount when service was made ; And if in a smaller siun the amount he was indebted at the time notice was served upon him.

Sec. 14. Be it further enacted That all special proceed- ings in the Miners Court shall be conducted according to the forms prescribed in the now existing laws And statutes of Kan- sas as far as is consistent with the laws and local affairs of this district

Sec. 15. Be it further enacted That either party to any suit in Civil Actions in the Miners Court shall have the right of appeal — by paying the cost already accrued and giving secur- ity for what may accrue — And the party so appealing shall have the right to appeal to the presidents Court of Miners — or to the District Court of Mountain Courts under the Provisional Gov- ernment.'

Sec. 16. Be it further enacted That nothing herein con- tained shall prevent any persons or persons when both parties are agreed from bringing their cases before the Miners at once — and the decision of the Miners in such case shall be final —

Sec 17. Be it further enacted That if after any person or persons shall have had a fair and impartial trial Ixfore the Miners — That he or they should refuse to abide the (hx-ision so

' The Provisional Territory of Jefferson. See .Terome C. Smiley. Srmi- Centennial History of the Htnte of Colorado, I, 327-302; Frederic L. Pftx- 8on, The Territory of Jefferson: A fipontaneous Commonwealth, in Univer- sity of Colorado, Studies, III, No. 1, pp. ITj-lS.

220 Gilpin County Records

made — said person or persons so refusing shall not be entitled to hold any claim or claims in this district —

Sec. 18. Be it further enacted That if any person or per- sons shall be dissatisfied with any verdict rendered against him or them by a Jury in the Miners Court — said party shall have the right to a new trial in the same court — to a different Jury at the next term by payment of cost and giving security in case of appeals.

Sec. 19. Be it further enacted That no person shall set as a Juror at two successive terms of the Miners Court nor shall any person set twice in the trial of the same cause

Sec 20. Be it further enacted That no debt or demand of any nature shall be collectible by suit in this Court which has not originated either in coming to this Gold region or since the arrival of such debtor to this region

Sec 21. Be it further enacted That in all cases when a civil action is hereafter commenced in the Miner Court — the Judge of said Court or the adverse party may require the Plain- tiff to give bond with one or more good and sufficient sureties conditioned to pay all cost which may be taxed against him in case he should fail in said suit.

Sec. 22. Be it further enacted That in case the costs can not be collected against the Defendant in any cause wherein the Plaintiff shall recover Judgment the said Plaintiff shall be held responsible for all the cost he shall make in said suit.

Sec. 23. Be it further enacted that when the Jury is called in the Miners' Court each party shall have a right to three per- emptory Challenges — but no more unless for good cause shown — and the pannel shall be filled by the Constable.

Sec. 24. Be it further enacted, That Motion for a new trial and notice of appeal shall be given immediately upon the decision of any cause.

Sec. 25. Be it further enacted that all executions issuing out of said Court shall be made returnable in fifteen days from date and the Constable shall note on each execution the day and hour he received the same and return said execution within

Illinois Central District 221

said fifteen days whether satisfied or not with his proper return thereon endorsed.

Sec. 26. Be it further enacted That Witness fees shall be in all cases two dollars for each case and twenty cents Mileage.

Sec 27. Be it further enacted that all tools for Mining, bedding, wearing apparel, cooking utensils and necessary pro- visions for two Months — and in case of a lan with his family a dwelling house not exceeding five hundred dollars in value and such articles of household furniture as are strictly necessary shall be exempt from \evj and sale upon execution —

Sec 28. Be it further enacted That all property taken in execution shall be advertised by jwsting notice of the sale there- of in three conspicuous places in the district for five days next preceding such sale — 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. 29. Be it further enacted — That Money collected on execution by the Constable shall be paid into the hands of the Court to satisfy the Judgment in whole or in part; And the Court shall pay the same to the proper parties.

Sec. 30. Be it further enacted That the fees of the Judge of Miners Court shall be as follows — Docketing case one dollar, summons for one person one dollar, additional person named therein fifty cents, order of arrest two dollars, attachment against property five dollars ; attachment against witness for contempt one dollar and fifty cents, writ of replevin two dollars, subpena for one person fifty cents, each additional person therein named twenty five cents, venire for Jury two dollars and fifty cents, execution two dollars, writ of restitution two dollars and fifty cents, warrant in criminal cases for one person two dollars, and for each additional person therein named one dollar, every other writ required by law seventy five cents, ten per on all money collected and paid to parties, each adjournment one dollar. Judgment on Merit or for cost seventy five cents, dismis- sion or continuance without costs two dollars, satisfaction of Judgment two dollars, transferi-ing Jndgment on do-ket seventy

222 Gilpin County Records

five cents — appointing guardian for Minors to prosecute suit two dollars, taking verdict one dollar — each Motion decided by Justice fifty cents, making up docket each, one hundred words two dollars, certifying affidavit one dollar, certifying depositions — transcript of docket entries and every other record or writing not otherwise specified by law one dollar, transcript of docket and copies of every writing or record for each one hundred words two dollars — swearing Jury, one dollar, swearing each witness twenty five cents and arbitrator or appraiser and every other oath requred by law fifty cents — filing each paper neces- sary to be preserved by the Judge twenty five cents, each bond or undertaking one dollar, each recognizance one dollar — ap pointing special Constable or appraisers each one dollar, ac- knowledging deeds or other instruments in writing two dollars — trying any cause three dollar, taking depositions two dollar for each one hundred words, writing afiidavit or other papers not otherwise provided for one dollar, entering appeal one dollar, transmitting papers when required by law one dollar, selecting Jury one dollar to be paid by the party calling the same, per forming duties of coroner five dollars. Marrying — ten dollars.

Sec. 31 Be it further enacted That the fees of the con- stable of this district shall be as follows — serving and return- ing summons each person one dollar, copy of summons — fifty cents, serving a subpena each witness fifty cents, serving an order of attachment two dollars — appraisal and return two dol- lars— serving order of replevin two dollars, taking and return- ing a bond two dollars, serving notice on Garnishee one dollar and fifty cents, summoning a Jury two dollars, attending on a Jury one dollar serving and returning an execution two dollars and fifty cents, advertising and selling three dollars, on all Money paid or collected on an execution to be paid by the de- fendant ten per cent — travelling fee each Mile twenty five cents — serving and returning warrant two dollars — bringing prisoner into Court by order one dollar, attending criminal ex- amination one dollar.

Sec 32. Be it further enacted That the president of this district — shall receive the fee of five dollars for each Meeting

Illinois Central District 223

he may be called to preside over — to be paid bv the party losing the suit — and the same fees as the Judge of Miners Court for all other acts, said fees shall be collected by the constable as in other cases — Approved July 7, 1860.

A: Act Relating to Crimes and Nuisances Committed IN Illinois Central District

Sec 1. Be it enacted by the Citizens of the Illinois Cen- tral District in convention assembled that all crimes committed in this district shall be punished as a Jury of seven Men shall direct

Sec 2. Be it further enacted that any person who shall cause any nuisance affecting the health of the people of this dis- trict or liable to affect the same may be sued for the same in the Miners Court by any Citizen of said District in the name of the "Illinois Central District vs. Defendant" and shall be liable to pay damages in a sum not exceeding one hundred dollars for the use of said district and cost of suit.

Sec. 2.2 Be it further enacted That executions shall issue in all cases under the provisions of this act in the name of the District the same as in any other suit of law

Sec 3. Be it further enacted That all fines collected in this district shall be appropriated by the treasurer of said District to the working of the public roads within said district — which labor shall be performed at the place and time designated by the Miners of the district at a regular meeting.

Sec 4. Be it further enacted That when one lode crosses another the owner of the claim first taken up shall not be enti- tled 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 way be im-i peded in his work by the owner of the claim on the lode which may cross it

The words "in force" appear in the margin opposite each section except Section 4, in which case lines were drawn through the section and the word ''out" appears in the margin.

So numbered in the original.

224 Gilpin County Records

Sec. 5. Be it further enacted that the Judge of Miners Court shall pay over each month to the treasurer of the district all Moneys he may collect from Judgments in favor of the dis- trict for 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 6. Be it further enacted That at all elections held in this district — three disinterested Citizens of the district shall be chosen by the Judge of Miners Court and Recorder on the morning of the election vho shall act as Judges of said election and also two clerks. And the Judge of Miners Court shall be required to administer oaths to said Judges and Clerks to do and perform their duties as is prescribed by the statute of Kan- sas territory. The polls shall he open from 8 oclock A M to 6 oclock PM.

Sec 7. Be it further enacted That if any person shall hereafter discover a new lead in this district said person shall be entitled to hold without working or recording the same — two hundred feet on said lead — provided the person making such discovery shall stake the same off so that any person of ordinary discretion could find the same — And if any persons holding claims in this district shall not keep them properly marked and staked or Recorded and other persons go upon said claims and finding no stakes nor marks thereon and no record of the same — and perform labor on said claim, the person or persons first own- ing said claim or claims and neglecting to stake and mark or record the same shall upon proof of the above facts be held re- sponsible for the amount of labor so done upon his claim —

Sec 8. Be it further enacted — That the Kansas Code of law shall be used in this district until the laws of the provisional Government shall be published and distributed — at which time the laws of the Provisional Government for Jefferson Territory shall take effect —

Sec. 9. Be it further enacted That Appeals shall be al- lowed to be taken from the decision of any Court or Jury in this district to the District Court of Mountain County imder th provisional Government — And in all Cases the Appeal bond

Illinois Central District 225

shall be given witliin three days after trial in the court below, said bond to be approved by court from whence the appeal is taken.

Sec 10. Be it further enacted That no Appeal shall be taken from a decision of the Miners where the parties by agree- ment bring their suit at once before the Miners for trial

Sec 11. Be it further enacted That nothing herein con- tained shall prevent the Judge of Miners Court from holding Court at any time that he may deem it necessary

Sec 12. Be it further enacted — That Jury fees shall be two dollars and fifty cents per day at the regular terms — and two dollars for each case in all other cases

Sec. 13. Be it further enacted That the Judge of Miners Court shall not be required to summon jurors for the regular term if by agTcement of the parties no Jury is demanded —

Sec 14. Be it further enacted The the Justice of the peace or Judge of Miners' court constab[le] and Recorder al- ready elected in this district shall hold their offices until the first Monday of . .

AMEDMENTS PASSED JANUARY 24, ISBl

At a Meeting of the citizens of Illinois Central District held at Missouri City Jan 10th 1861, L W Borton, A Marsh and Mark A Moore were appointed a committee to revise, codify and amend the law of said District — and to report the same to a Meeting to be held at Missouri City on Thursday Evening Jan- uary 24th 1861

In pursuance of said duties the Committee report the fol- lowing Laws :

Be it further enacted that all judgments hereafter ren- dered by the Miners or presidents Court of 111 Centrl Dist. shall be a lien upon all real estate held by the defendant in said Dist. from the day said Judgment or decree was rendered — Passed.

' The last page of the manuscript is missinp.

This manusfript was found amonfr the Sayre Papers. TIk- iiiann- script evidently contains the amendments suggested by the committee. The words "passed" and "strieken out," written in the margin, indicate which sections were adopted and which were rejected.

226 Gilpin County Records

Be it further enacted that sendee may be had by publica- tion, advertizing 30 days in a weekly paper, upon a ITon-resi- dent defendant by posting three copys of the Summons in three of the most public places in said district, which notices must be posted at least ten days, and copy thereof Sworn to by the Sher- iff, shall be filed, with the papers in the case — Passed.

Be it further enacted that the next regular election for all the officers of said district shall be held on the first Monday of May A D 1861, hereafter, provided that said new officers term shall not commence until after the expiration of the term of office of the old officers under the laws which they were elected unless a vacancy shall sooner occur by removal, death, or resig- nation— Stricken out.

Be it further enacted that 10 days shall be allowed to any party to take an appeal from the pres. or Miners Court of said Dist. to the provisional Dist Court of Mountain County

Be it further Enacted. That any person or persons who may have or shall hereafter discover a Lode on any Gulch or patch claim, or which may nm through any Gulch or Patch Claims the discoverer thereof or any person or persons who may have taken claims on the same, shall be Entitled to the crevice of said lode, through any such gulch or patch claim, pro- vided: the owner or owners of such gulch or patch claims shall be entitled to their said claims for the purposes for which they may have been taken or purchased. Passed.

Be it further enacted that if any person Shall be found guilty of stealing — taking carrying away or converting to his own use any cord wood, house logs or timber of any kind the property of another — upon conviction thereof the offender shall be deemed guilty of Larceny and shall be publicly whipped as a Jury of six men shall direct. [Stricken] out.

Be it further enacted that all Miners Meetings for any purpose whatever be and is hereby abolished. [Stricken] out.

Be it further Enacted, That the Recorders fees shall be, for all Deeds and other instruments of Writing containing one hundred words, one dollar and for each additional one hundred words fifty cents — Passed.

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Be it further enacted that acts inconsistent with the law are hereby repealed. Passed.

Be it further enacted that no person shall be disqualified as a witness in any civil action or proceeding by reason of his interest in the event of the same as a party or otherwise or by reason of his conviction of a crime ; but such interest or convic- tion may be shown for the purpose of affecting his credibility — Stricken out.

Be it further enacted that if any person or persons shall wish to take an appeal from the decision of any court of this District — such person or persons shall within ten days after such decision by payment of cost already accrued and giving a bond with good and sufficient security to the satisfaction of the court for cost judgment and damages that may accrue be enti- tled to said appeal — Passed.

Be it further enacted that all cases where any person or persons shall purchase property at sheriff or constable sale the said purchaser or purchasers thereof shall be entitled to posses- sion within 30 days of the property so purchased Provided the purchase Money is paid at the time of sale. Passed.

Be it further Enacted, That in all Cases, where one Lead crosses another, or where a Lode is discovered which may run into another Lode the person or persons, owning said Lode shall each be entitled to the crevice on their said claims. The person having prior claim shall be entitled to the whole crevice on his or their claim or claims the first claimant to be entitled to the whole of his crevice. Passed.

Be it further Enacted That officers of any other District except 111 Central Dist. shall have no control, power or juris- diction over the property or persons of this district except in criminal cases. Passed.

That no person shall be qualified to testify as a witness in any suit in this district who have been convicted of any crime or who ha.s any direct legal intent in the event of the Suit — except those interested are called upon by the oposite party. Passed. Jan. 24, 1801

228 Gilpin County Records

PROPOSED LAWSi

Article 16th the Justice (or President) shall be entitled to five dollars for presiding at each trial and making out the papers.

Article I7th The Jury and witnesses shall be entitled to two dollars and a half each pr day

Article 18th The defeated party in each suit shall be li- able for all costs of the suit and the justice (or President) shall issue execution for the same which shall be collected from any property the person so liable may have except tools bedding clothing and necessary provisions for three months

Article 19th In any case either party may call upon the other to give Security for costs the suit shall be discharged if plaintiff or defendant fail to do so

Article 20th All fines shall be paid to the Justice of the pease

Article 21st All Justice of the pease shall give bond in the sum of $100 for the faithful performance of his duty

Article 22nd Any person found guilty of perjury shall receive not more than fifty nor less than twelve lashes on the bare back

Article 23rd Any person found guilty of pulling up de- fasing or altering stakes in any manner whatever or destroying any notices shall pay a fine of not more than one hundred dol- lars nor less than ten dollars or in default thareon shall receive not more than one hundred or less than [ten lashes on the bare back].

Article 24th Any person found guilty of theft Shall re- ceive not more than one hundred nor less than ten lashes on the bare back

Article 25th Any person found guilty of murder shal be hung by the neck until dead or be banished frome the mins and property confiscated

1 These were on a loose sheet in Illinois Central District, Book I. They appear to be suggestions to be proposed for adoption.

Illinois Central District 229

Article 26th Any person fonnd guilty of any of the afore- said crimes [shall] be banished from the mins

Article 27th All purchase clames shall have work done upon them every fifteen days or othenvise forfeit their interist in said clames except Lode clames

Article 28th Watter power for mills purposes and other uses shall be held as vested rites till July 15th A.D. 1861

Article 29th All Lode clames shall be held as vested rights until July 15th 1861

Article 30tli any company owning a clame or claims when joined together working one will hold all the others

Article 31th All watter powers shall be 300 feet wide by 300 feet long

Hawk Eye District

Laws And Minutes Of 1860

At a meeting of the Citizens & members of the fourth Sec- tion of the Lake Dist held on the 31st day of July 1860 W H Backus being called to the Chair the following preambles Eeso- lutions & Laws were adopted. Whereas we the Citizens & min- ers of the fourth Section of the Lake District Deem it for our interest to withdraw from said District

Therefore be it resolved That we constitute a new District under the name and Style of the Hawk Eye District the bound- aries of which shall be as follows the Southern boundary shall be the same as the Present Northern Boundary of the third sec- tion of the Lake District the Eastern Boundary shall be the Summit of the Mountains on the Eastern side of the Missouri Gulch the Northern boundary shall be the Present Southern boundary of the Central Mining Dist, the western boundary shall be the Summit of the first Mountain North of Iowa Moun- tain

Laws Adopted by the Citizens and Miners of the Hawk Eye District

Section 1st Officers There shall be one officer in the district, to wit, a Recorder who shall be elected by the qualified Electors of the District & who shall hold his office for three months after his election or until his Successor shall have been Elected & Qualified

Section 2nd Duties of Recorder It shall be the duty of the recorder to record all claims pre- sented to him for that purpose & on application of five of the legal voters of the Dist It shall be his duty to call a meeting of the Citizens to take in consideration any matter of import-

Hawk Eye District. Book A, 1860-1861. A copy of these laws and minutes of 1860 was also found in a book without cover or name.

Hawk Eye District 231

ance to the Community first giving- seven days notice of such meeting It shall also be his duty to Keep an Office within the District & to keep his record books at all times open to the en- spection of the public It should also be his duty to keep the papers & public monies of the District subject to the order of the people at a regular called meeting

Section 3rd Fees of the Recorder The Recorder shall be allowed to Char[g]e 50 cents for each claim recorded by him in said district

Section 4th Rules in regard to Claims Any person may hold one or more Claims in the district by right of purchase But no person shall have the right to Pre- empt more than One Gulch Claim except by right of discovery should any person discover new digings he shall be entitled to a record Claim by right of discovery & further he shall have the right to select his two claims previous to any other person claim- ing provided he make his selection within twenty four hours after discovery any person holding a Gulch Claim m this dis- trict who may have it recorded as the law requires will not be required to do any work on it previous to July 1860 in order to hold it the boundaries of Gulch Claims may be one hundred feet up and down the Gulch & from bluff to bluff & ten feet on each side Companies in Said district shall be considered to have the right to hold One hundred feet for each Person in the Com- pany

Section 5. Rules in regard to Quartz Claims Any Person who may discover a lead of Quartz Shall be entitled to three claims of One hundred feet each in length on said Lode & shall have the Preference over any other person in Selecting his claims provided he has found the crevice & no other person shall have the right to hold more than one claim on the same Lode except by right of purchase Any person working a lode which crosses a Lode Previously discovered shall not claim within ten feet of the old lead any person will only bo required to Record Number of his claim commencing at the dis- covery claim the first to be No. ( 1 ) one and numbered each way.

232 Gilpin County Records

Section 6tb Mill Claims

Any person may have the right to erect Mills in this dis- trict but wll be held accountable for any damage done to any mining claim in the district caused by erection of such mill pro- vided the mining claim was taken previous to the Mill claim No mill claim shall exceed two hundred & fifty feet up & down the Gulch & from bluff to bluff & fifty feet up the bar of the Mountain on each side any timber which may be growing on any Mill Claim be considered to belong to the owner of that Claim unless it should be required for mining purposes any person holding Mill Claims & ha\dng them recorded as the law directs will be entitled to hold them until the first day of August 1861 without improvement

The Laws were unanimously adopted & A. F. Stewart elected recorder all Claims now staked hold good for thirty days with recording Resolved that the Recorder give notice to all adjoining districts of the preceedings of this Meeting.

Laws Passed Iovember 17th 1860

Resolved that all persons that hold Clames by preemption in said Hawkeye District for mining and all other purposes shall represent them Personally and also sign his name on A book kept by the Recorder for that purpose in each and every year on same day being the month of August September or Oc- tober if any person or Persons neglect to comply with the above Law his claims shall be jumpable by any person who may see fit to jump them

Resolved all person or persons take up Claims by Preemp- tion Shall have them put on Record in said Hawkeye District to make his right valid except where they are worked on right Along or every or every other day

Resolved that all differance that may come up between two or more persons shall be settled in said Hawkeye District except whare both parties Can agree to have settled in some other Dis- trict, by a Miners Meeting or a Jury of twelve.

Hawk Fa'E District 233

Laws Of 1861

At a meeting of the miners and citizens held on Aprile 27th A D 1861 the following Laws were Adopted

Officers

Thare shall be one President, one SheriflF and one Re- corder, who shall be elected anually on the last Saturday in Aprile by the legal voters of the District and hold their respec- tive offices nntil their successors are elected and qualified ; each of whom shall take an oath to faithfully and impartially to per- form thair respective duties according to law and the best of their ability ; and each shall have power to appoint one or more Deputy es

Elections

The Recorder and Sheriff together with three other elec- tors shall compose the Election Board each of whom shall take an oath that they will studiously endevor to prevent all fraud and deceit in conducting the same. But if the Recorder or Sheriff should be a candidate or fail to attend, the voters pres- ent shall fill their vacancies by other voters ; two of whom shall be clerks, and the other three judges of said election. If there shall be any vote challenged by any elector either of the clerks or judges may administer any oath necessary to determin the right of said vote. Polles are to be opened at nine o'clock A. M. and close at sic o'clock P. M. At the close of the polles the clerks and judges shall canvas the votes and the persons receiv- ing the highest number of votes for the respective offices shall be declared duly elected and said Board shall issue certificates of election to the several oficers according to their respective offices

Voters

Any white person who has attained the age of sixteen years and in the District shall be entitled to a vote at all meetings and elections. At all elections for officers the vote shall be by ballot, and at all meetings as the President may direct

' Hawk Eye District, Law.

234 Gilpin County Records

Sheriff

There shall be elected by the qualified voters of this Dis trict a Sheriff who shall hold his office until the next anuel elec- tion and until his Successor is elected and qualified whose duty it shall be to serve all processes issued by the Court ; and before entering upon the duties of said office, he shall give bond with good and sufficient security to the acceptance of the Court, for the faithful discharge of said duties

He shall be conservator of the peace ; and take an oath that he will faithfully discharge all and singular the duties pertain- ing to said office

Vacancies

Any officer resigning or removing from the District shall be required to deposit all the Books, papers, money, etc., belong- ing to the District or pertaining to his office Avith the remaining officer or officers of the District, which officer or officers shall immediately call an election to fill such court's vacancy.

Courts The President shall be the Judge of the Miners Court of the District, and any person having any cause of action shall file with the President the cause of complaint writen in plain English language and a prayer that the adverce party may be summoned to appear and answer to said complaint and if the de- fendant appears he shall file his answer in writing as above stated whereupon the Judge shall summon the defendant to ap- pear at a given time and place mentioned in said summons which shall not exceed ten days from the issue of said summons. And if the defendant fails to appear the Judge may proceed to try the cause and render judgement according to law and evidence; and if the parties appear, they may submit their cause to the Court or three arbitrators one of whome shall be chosen by the parties respectively and if the parties or their referees cannot agree upon the third arbitrator the Judge shall appoin the third referee and when the parties so submit their case to referees as aforesaid the decision or award shall be final and the Judge shall proceed to enforce said award as upon judgment at law. If

Hawk Eye District 235

either party shall require a jurv the Judge shall write the names of twelve judicious disinterested electors of the District and each party may strike from said list alternately, beginning with the plaintiff one name until only six remains and the Judge shall issue his venire for a jury of the aforesaid six, and when assembled, each party shall be entitled to one peremptory challenge and also a challenge for good cause showen by the testimony of the jurors or other disinterested person and the Sheriff shall fill the pannel with talismen for all vacancies that may happen by reason of non attendance or challenging of said jurors. All juries shall be sworn by the Judge to try all causes according to law and evidence. Either party may have an adjournment not exceeding ten days upon proper cause shown under oath. Cost in all cases, shall be taxed as the referees, Court or jury trying the same may direct. Either party may have a right to an appeal from the de[ci]sion of the Court or jury of six if he gives notice of appeal at the rendition of the judg- ment or verdict and pay all costs within five days from the ren- dition of the judgment or virdict. And when an appeal is so taken the Judge shall write the names of twenty-four good dis- interested voters of the District as in the aforesaid jury list from which each party shall strike therefrom as in the jury of six only twelve remains and proceed in all respects the same as in the aforesaid jury of six and the decision of the said jury of twelve or a miners meeting shall be final, and the judge shall proceed to final judgment and award execution according to law

All legal claims whether in law or equity shall be fairly tried by the referees Court jury or Miners Meeting as the par- ties may elect and judgement shall be rendered by the Court accordingly, upon which said judgement the party recovering shall be entitled to interest at the rate of ten per cent per annum from the date thereof until paid and the Court shall proceed to issue execution thereon for the amount found due with inter- ests and legal costs, but any rate of interest agreed upon in writ- ing between the parties shall be lawful

The Judge of the Miners Court shall keep a docket of all

236 Gilpin County Records

proceedings had before him; Shall be allowed two dollars and fifty cents per day for presiding at each trial ( and when the Re- corder shall preside in his stead, he shall be entitled to a like sum;) Shall be allowed twenty cents per hundred words for making out all necessary papers except writs of original service and executions, for each of which he shall be allowed fifty cents ; for rendering judgement, fifty cents and making up docket twenty cents per hundred words ; for each transcript duly certi- fied twenty cents for each hundred words. The Judge Recorder and Sheriff are hereby empowered to administer all oaths and perform all other duties pertaining to their respective offices, and which are required by law

ISTotice of Election and Meetings It shall be the duty of the President to give at least ten days notice of the time and place of holding any election of offi- cers of the District, naming the officers to be elected, and shall call a meeting of the miners upon the application in writing of five legal voters of said District, stating the object for which such meeting is called and he shall preside at all meetings and perform all other duties pertaining to his said office.

Deputies The President shall have power to deputize any one or more of the miners to serve papers &c., that he may deem proper, and any person so deputized shall proceed to discharge the duties required of him by law upon the commencement of any suit, the Judge may at his discrition require the plaintiff to deposite money or give security for all cost that may occur

Judgment and Execution A judgement shall be a lien upon all property of the de- fendant from the time of its being rendred and the Judge shall issue execution forthith upon Judgements including interests and cost which shall be made returnable ten days after the date thereof and the Sheriff shall give public notice of the time and place of sale of all property levied upon by him, which shall be by writen advertisements posted in three public places in the

Hawk Eye District 237

District at least six days before the sale thereof, and all such property shall be sold to the highest bidder at public outcry to satisfy the execution and accuring cost. But if the said prop- erty cannot be sold for want of bidders unless at great sacrifice or if the plaintiff order him so to do the officer having charge of the sale may adjourn said sale any length of time not exceed- ing ten days. In all cases of real estate sold upon execution the defendant shall have the priviledge of paying the principal, interest and costs with ten per cent, interest per annum thereon and said property shall revert to said defendant or his legal rep- resentatives the same as if such sale had not been made and the officer selling any real estate as aforesaid shall not execute a deed to the purchaser thereof until after the expiration of thirty days. Common wearing apparel bedding twenty dollars worth of tools and three months provision shall be exempt from execution

Probate The Judge and Recorder shall have power to choose a third person and have probate jurisdiction of a deceased person if said deceased had no relatives within the knowledge of said off- ers, but if the deceased has relatives or creditors in the District they may apply and take out letters of administration by com- plying with such rules as the President may adopt, and property shall be disposed of by the Court or administrator to the best ad- vantage to the creditors and heirs of the deceased and the pro- ceeds paid over to the proper persons entitled thereto according to direction of the President.

Lawyers No practicing lawyer, or any other person having been ad- mitted as such in any State or Territory shall be permitted to appear in any cause pending in this District as attorney or agent of any person except he himself is a legal party to said suit; and if a lawyer should be a legal party to any suit; the oposite party may also employ council in his if he chooses so to do, but in all other cases lawyers shall not bo admitted

238 Gilpin County Records

Outside Debts 'No debts or demand of any kind shall be collected by suit in this District, which has not originated either in coming to this mining region or since the arival of such debtor therein

Duties of Recorder, &c.

It shall be the duty of the Recorder safely to keep the books and records of the District and to file and record all proper papers upon payment of his fees, and to act as Secretary at all public meetings of the District, The books of records shall al- ways be open to the inspection of all persons, never to be taken from the posession of the Recorder, All persons shall be en- titled to coppy any record at any time, and the Recorder shall deliver over all Books and records to his successors in office. In case of absence interest or inability of the President the said Recorder may act in all cases in his stead. He shall be entitled to fifty cents for each deed mortgage or bill of sale or other writing necessary to be recorded containing one hundred and fifty or a less number of words, and for every hundred words or fraction thereafter in addition twenty five cents.

In all cases fees must be paid in advance. Each deed mort- gage or bill of sale shall be witnessed by two witnesses. No transfer of any claim of any kind shall be valid unless the fees are paid for all original records heretofore made in regard to said claim.

All certificates of claims of any description remaining in the Recorders office, upon which the fees are not paid on or be- fore the first day of July next shall be advertised to be sold stating the time and place of Sale, the number and kind of claim which shall be sold by said Recorder at public sale to the highest bidder after giving ten days notice and if said claim shall sell for a greater amount than will pay the Recorders fees all over plus shall go into the District tresury for the use of the District. The purchaser at said sale shall acquire a valid title therefore by the Recorder certifying on the back of said certifi- cate a transfer by said sale, for which the Recorder may receive

Hawk Eye District 239

twenty five cents from the purchaser in adition to the amount bid for said claim

Writs of Attachment Upon the application of any person holding a legal claim against a non-resident debtor about to abscond or move out of the jurisdiction of the Court or about conveying or concealing his property to the injury of his creditors or secreting himself within the District so that legal service cannot be had or fraudu- lently conveying or concealing his property to defraud his credit- ors upon filing an affidavit setting forth any of the aforesaid facts and the amount and nature of his claim and paying or securing the costs as the Court direct, the Judge shall issue a writ of attachment to attach all the goods and chatties lands and tenements monies credits and effects of the debtor within the District. Notice of the issue of said writ shall be given by the plaintiff by posting up written advertisements in five conspic- ious places in said District, within twenty four hours after the issue of said writ, Stating the time and place whare said cause will be tried, which shall be not less than nor more than ten days from the issue of said writ and if the defendant or his legal agent appears he shall have a fair trial and if he fails to appear the Court shall proceed to hear and determin the cause accord- ing to law and the equity of the case and render judgement and award execution as in other cases and the property attached by the officer shall remain in possession of said officer until the final termination of said suit and be sold as other property of the same nature upon the execution issued upon such judgement, But if the defendent is a resident of the District he shall be served with a personal notice

Garnishee Garnishee process may issue as part of the original writ to be served on both defendant and garnishee where the defend- ant is a resident or separately as the nature of the case may re- quire ; or it may issue after execution is returned unsatisfied ; and in either case, if the garnishee shall pay tlio demand over to the defendant after legal notice, he shall still he liold liable to

240 Gilpin County Records

the amount of the plaintiffs judgement 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

Writ of Replevin

Any person being in possession of personal property of another the opposite party may file with the Judge of the Court an affidavit setting forth the name of the defendant or defend- ants with a description of the property claimed and that he is justly entitled to the possession thereof and that said defendant or defendants refuse upon demand thereof to give it up and upon said plaintiff paying or securing costs to the satisfaction of the Court the Court shall issue a writ of replevin for said property, and a summons for the defendant or defendants to appear before him at a time and place in said summons men- tioned to answer unto said plaintiff for the unlawful detention of said property ; and the officer to whom said writ is delivered shall take possession of the same and notify the defendant or de- fendants to appear before the Court at the time and place men- tioned in said writ to answer unto said plaintiff for the unlaw- f ull detention thereof ; and if the Plaintiff file a bond, with se- curity to the satisfaction of the defendant or defendants or the Court, within twenty four hours from the service of said writ, said property shall be delivered to the plaintiff and if he fail so to do, the property shall be returned to the defendant or de- fendants and the plaintiff and his securities shall be liable on their bond for all costs and damages, to be assessed forthwith by the Court or jury as the parties may elect ; and if it appear, upon the trial of the cause, which may be had as in other civil cases, that the right of possession is in the plaintiff then the Court shall render judgement aganst the defendant or defend- ants for damages and costs accuring to the award judgement or verdic as the case may require and issue execution as in other civil cases

Ejectment .

Any person being in possession of real estate claimed by another the claimant may institute his suit of ejectment, which

Hawk Eye District 241

shall be proceeded in as in other civil cases and decided accord- ing to Law and the equity of the case and if the claimant sus- tain his action the defendant shall be removed, by order of the Court, within five days from the trial of the cause and pay all costs ; and, in default thereof the Judge shall issue a writ of possession or execution as the nature of the case may require, If the plaintiff fail to establish his claim, he shall be liable to the defendant for all costs and damages to be determined as in other civil cases

Liens Any persoli performing labor or furnishing material for any building claim or other kind of work at the request of the or agent thereof, shall be entitled to a lien upon the same for the amount of such labor performed, or material furnished, provided said lien is filed and recorded within thirty days from the time said labor was performed or material furnished, and all conflicting liens shall have priority according to their re- spective origin if filed and recorded as aforesaid

Sunday The officers of this District shall not be compelled to per- form any civil business on Sunday

Public Highways

Any person obstructing any public road or pasway to the hinderment or inconvenience of the public, shall be liable to any fine that may be assessed against him or them by the Court or jury, together with costs of suit and moreover, be liable to a like fine for every twenty four hours that said obstruction shall remain

Tunnel Claims

If any person shall locate A tunnel claim in this District, for the purpose of working the same, he shall first file A speci- fication of the same with the Recorder, whose duty it shall be to record the same upon the payment of his fees. Said specifi- cation shall state the commencement and the termination of said

242 Gilpin County Records

tunnel, together with the names of the parties interested therein A square stake shall be placed at its mouth having written thereon the same things hereby made necessary to record, Any person or persons, engaged in working A tunnel provided he or they shall comply with the requirements of this law — shall be entitled to two hundred and fifty feet on each side of the center of said tunnel of all lodes that they are the original discovery of, and also fifty feet on each side of the center line of said tunnel of all lodes discovered by other persons after the com- mencement of said tunnel; and said hundred feet last men- tioned shall belong to the owners of said tunnel claim, so soon as said tunnel shall be worked to intersect said lode ; and such part of lodes as said tunnel owmers are entitled to by this law, shall be held as discovery claims. The line of all tunnel claimes shall be surveyed and plainly staked or marked from the com- mencement to the termination thereof prior to the commence- ment of the work, every tunnel company shall be required to commence work within thirty days from the time thair claim was recorded and shall do at least three months labor for one la- bourer in each six months or they shall forfeit their claim to said tunnel, but not to the claims they have discovered and hold by virtue of discovery, before the time of said forfeiture. Tun- nel claims shall have only the right of way across all lodes that may lie in the course of said tunnel that is recorded according to law.

Towns and Villages

Any person or persons laying out a village town or city in this District, he or they shall be entitled to every tenth lot, and shall erect some prominent monument as a starting point and file with the Recorder a plat of said village town or city within fifteen days giving a full description of the starting point, the course and wedth of streets size of block and lots and numbers of each and all other things necessary for the location of said village town or city and the Recorder shall record the same upon payment of his fees

Claims

All claims made on lodes by Discovery shall be two hun-

Hawk Eye District 243

dred feet by fifty wide a preemption claim one hundred feet by fifty wide, Measurement in all cases shall be horizontal. Gulch claims shall be one hundred feet up or down the Gulch, extend- ing from bank to bank. Patch claims shall be one hundred feet square, Discovery claims shall be staked and marked as such. All legal claims shall be held as vested rigts by representing once a year in person by signing their names on a book kept by tbe recorder for that purpose in the months of August Sep- tember & October, Any person shall be entitled to hold one mill site one gulch claim on each gulch one patch claim one building lot and one village town or city lot one lode claim on each lode and one tunnel claim by preemption Filing claims shall be free and hold good for ten days

Xo claims shall be valid if taken by a person not residing in the vicinity of the Rocky Mountains. Xo lode shall be re- corded unless the lode or crevice is exposed by actual work The discoverer may have sixty days to open and prove the lode and file for recording, and no lode claim as a preemption shall be valid until the discovery claim is filed and a name given to said lode. Mill claims shall be two hundred and fifty feet up and down the gulch and from bank to bank and fifty feet up each bank all timber on said mill claims shall belong to said mill claims

Timber

All timber on quartz claims shall belong to the owners of the claims and where lodes run near each other, the timber shall be equally divided between the respective owners; and timber on all other claims shall belong to the owners thereof

Water Companies When water companies are engaged in bringing water into any portion of the mines they shall have the right of way se- cured to them, and may pass over any claim rode or ditch, but shall so guard themselves in passing as not to injur the party over which ground they pass

244 Gilpin County Records

Sheriff's Fees The sheriff shall receive far his service the following fees to wit

Surving summons for each person therein named $ .25

Writ of Mandams .50

Supoena for each person therein named -12

Serving writs of Attachment .75

Replevin .75

Order or notice of Court .25

Executing order of Arrest .25

Taking each bond .25 All copies necessary to complete the service for each hun- dred words or fraction over or less number of

words .10

Summoning each Juror .25

Talesman .071/2

Service in criminal cases .50

Attending Prisoner before court or jury .50

For each mile travel computed each way .05

Appraisement of property .75

Advertising Property for Sale besides actual Expences .75

Levying Execution .50

Selling Property on Execution or order of sale .50 Making Deed for Property sold upon Execution 1.50 Attending court per day 1.00 Bringing up Prisoners on writ of habes corpus besides

actual expence .75 For all sums made by sale on executions or order of sale,

not exceeding five hundred dollars 21/0 per cent On all sums over five hundred dollars one per cent If made without sale, on all sums under five hundred

dollars 11 per cent and over five hundred dollars , 21/2 per cent All fees not enumerated to be in proportion to those

enumerated Witness and Jurors fees per day 2.50

Hawk Eye District 245

New Lodes Owners of newlv discovered lodes running parallel and within twenty five feet of a previously discovered lode shall be entitled to work the same and occupy one half of the surface between the two crevices for wast dirt quartz &c. Hereafter no lode shall be recognized as crossing a gulch, and whosoever shall discover the cource and prove up the lode on the opposite side of the gulch, shall have the right of discovery, as the law provides and shall also have the right to name the lode; but lodes staked and claimed accross a gulch or an extension of one already discovered on the opposite side shall be legal provided they do not interfere with lodes or claims already recorded or being Discovered

Cross Lodes Owners of cross lodes shall have the right to work their crevice up to the previously discovered lode and one half of the surfice for wast dirt Quarts &c.

Murder

Any person found guilty of wilful murder shall be hanged by the neck till dead and then given to his friends if called for and if not, to be decently buried, and all other crimes not enumerated in these laws shall be punished as the Court or jury of men may direct

Perjury or Theft

Any person found guilty of perjury or theft shall receive not more than twenty five nor less than ten lashes on the bare back, and banished from the District and their property confis- cated to pay cost of prosecution and damage

Setting out Fire Any person who shall wilfully, maliciously or through neg- lect set out any fire in this District, or so that it comes into this District and destroy any tiinber or other property shall be guilty of a misdemeanor and on conviction thereof shall be pun- ished as the Court or jury may direct and be lia])le to all parties injured thereby

246 Gilpin County Records

Jfuisances

Every act of commission or omission which may affect the public helth or convenience shall be regarded as a nuisance and the person or persons causing the same, shall be liable to a fine of not more than one hundred nor less than five dollars, and re- main so liable for every twenty four hours that the same may continue to be determined by the Court or jury according to the agravated nature of the offence and it shall be the duty of the officer of the district to see that this Section of the law is put in force

These laws shall take effect from and after their adopting and shall not be altered changed or amended without the author- ity and sanction of a majority of the legal voters of the District at some public meeting legally called for that purpos

Boundary Lines This Hawk Eye District on the South line crossing the gulch at large rock on the East side of the Missouri Gulch thence runing west to the sumit of the mountin west, thence runing a northerly course following the devide between Missouri Gulch and Silver crick until striking the devide between the head of Missouri Gulch and Gamble Gulch thence following the Divide in an Easterly Direction between Lump Gulch and Missouri thence runing a Southernly direction on the centre of the divide between the East and west forks of Missouri Gulches thence west to the place of begining

South Boulder District

RESOLUTIOiS'S OF AUGUST 18, 1860

Miners Meeting held August 18, 1860, South Boulder District

Resolved that the miners shall have the privalege to premt on each or aney Load Claim in this District one Claim the vote past unimaously

Resolved that aney man having a Wife Shall have the priv- aledge of Staking for her a Claim on a quarts Load witch she may hoald as real astate Likewise one yong woman over 18 years of age Shall have the same privalege providing they Aply to the recorder prior to the 15 of July 1801 or the Claim will bee forfited Resolutions past

Laws Passed March 30, 1861

Chapter I. Boundaries of District. The boundaries of South Boulder District are as follows. Starting at a point where the dividing line between S. Boulder and Phoenix District intersects the Western line of Dead Wood District-' — thence running Southerly in such a course as shall strike the head of Jefferson C anion — Thence South Westerly on the divide between Moon and Gamble Gulch, to the mouth of Lost Creek or, the South Fork of Moon's Gulch. — Thence west- erly on a line to teraiinate at a point run South of the head of the Park on S. Boulder River and on the top of the mountain South thereof — Thence IvTnrth across the head or upper end of the Park and thence runing Xorth to the Summit of the first

These resolutions were found on p. 3 of an unbound record of South Boulder District.

' Boulder District, Revised Laws . . . passed and adopted by the Miners March 30th. 1861.

' No records of Deadwood District have l)een found.

248 Gilpin County Records

divide. — Thence Easterly to the head of South Beaver Creek — Thence down along the South bank of South Beaver Creek within one hundred and fifty feet of it, to the place of begining.

Chapter 11. — Officers. Sec. I. The officers of this District shall be a President, a Justice of the Peace, a Recorder and a Sheriff.

Chapter III. — Duties of the President.

Sec. II. It shall be the duty of the President to preside at all Legally called meetings of the miners, and call Special Meetings by posting three Notices in conspicuous places within the District, at least three days before the time of said meeting, ivhen a petition is signied and presented by ten Citizens of the District specifying the particular object or, objects of the meet- ing, which objects must be distinctly stated in the notice.

Sec. III. It Shall be the duty of the President to preside in the Miner's Court, in any case in which he is not interested in the result of the suit or, otherwise disqualified. In such a case, it shall be the duty of the Justice of the Peace to preside unless objected to by the parties interested, in which case, it shall be the duty of the miners to appoint or elect, a presiding officer to try the case.

Sec. IV. It shall be the duty of the President to sign all orders on the Treasurer for money legally appropriated ; and deeds for property belonging to the District, which the miners of the District may authorize to be sold, and also to have the care of any property belonging to the District, except, such as it is the special duty of some other officer to protect. It shall be his duty to institue suit against any person guilty of destroy- ing or injuring any property belonging to the District, or com- mitting any offence recognized in the law as a misdemeanor, nuisance or crime, and to appoint a suitable person to conduct the prosecution.

Sec. V. It shall be the duty of the President to appoint an officer Protem, to fill any vacancy that may occur — until the miners shall elect another to fill the vacancy.

South Boulder District 249

Sec. VI. — It shall be the diitj of the President to keep a Docket, in which a correct record of all the proceedings of his court shall be entered, and he shall file and safely keep, all pa- pers connected with suits tried before him.

Sec. VII. The President shall have Probate Jurisdiction Avithin this District according to the laws of Kansas.

Duties of the Justice of the Peace.

Sec. VIII. The Justice of the Peace of the Miner's Court shall perform the duties of the President in case of his absence or disability.

Sec. IX. — The Miner's or Justice's Court shall have juris- diction over all civil contracts, made in this, or any other Dis- trict in Colorado Territory, Provided, the parties were Citizens of this District at the time of making the contract, or Provided, the defendant is a Citizen of the District at the time of the commencement of the suit.

Sec. X. — It shall be the duty of the Justice, in all cases before entering suit, to require a Pond with good and sufficient security for the payment of all costs, and for all damages in case of attachments being wrongfully sued out.

Sec XL — Xo suit shall be brought in the Justice's Court for indebtedness contracted in any other Territory or State, ex- cept by consent of all the parties interested, and no execution shall be collectable on a judgement rendered upon such indebted- ness, except as hereinbefore, provided.

Sec. XII. — The Justice of the Miner's Court shall keep a Docket in which a corret Record of all the proceedings of his Court shall be entered, and he shall file and safely keep all pa- pers connected with suits tried before him.

Sec XT II. — It shall be the duty of the Justice to issue an attachment, when the Plaintiff establish by his own, or the oath of other person the proof of the facts as aMcgcd in liis affidavit. Viz, That he believes tlie defendant in the suit pending, is about to abscond, or dispose of his property to defraud his creditors.

250 Gilpin County Records

Duties of the Recorder.

Sec. XIIII. — It shall be the duty of the Recorder to safely keep the Records of the District, and to record all papers upon the payment of his fees. To act as Secratary at all public meetings of the District, and by virtue of his office as Treasurer to keep all moneys of the District paid him, subject to the draft of the President, also to keep all vouchers, so that any time he may be able, when called upon to exhibit the financial condition of the District.

Sec. XV. — The Recorder may appoint a Deputy who shall be duly sworn, for whose special acts he shall be responsible.

Duties of the Sheriff.

Sec. XVI. — It shall be the duty of the Sheriff to execute all papers issued by the proper officers and make due return entered thereon.

Sec. XVII. — It shall be the duty of the Sheriff, to return any notice or summons, on or before the time set therein for trial, and the manner of the service shall be set forth in the Sher- iff's return thereto.

Sec. XVIII.— It shall be the duty of the Sheriff, when he attaches any property not capable of delivery, to file a list of the same with the Recorder immediately.

Sec. XVIIIL— It shall be the duty of the Sheriff to exe- cute or, cause to be executed, all penalties for criminal offences.

Chapter IV. — Officers' Fees. President's and Justice's Fees. Sec I. Subpoena 25 cts. for one, two, or more. .50 cts.

Swearing Witnesses each 20

Venari 50

Swearing a Jury 25

Hearing a Cause 1-00

Recording a Judgment 50 Issuing Process Laws of Kansas.

South Boulder District 251

Sec II. Recorder's Fees.

The Recorder shall be entitled to fifty ceuts for recording each claim; fifty cents for a Deed or any other instnmient of not more than one hundred words, and at the rate of fifty cents for each additional one hundred words.

Sheriif's Fees. Sec. III. Sheriff's fees shall be double of that Avhich is allowed a Sheriff by The Revised Statutes of Kansas.

Chapter V. Laws of the Government of the Miners' Court.

Sec 1. A person wishing to commence a Civil Action, shall apply to the President or Justice of the Peace, and on the affidavit of the applicant stating that the defendant is justly in- debted to him Shall issue a Summons returnable in three days, to require the defendant to appear and answer. If said sum- mons is personly served, and if such summons is served by copy — and if the defendant does not appear — then a new Summons Shall be issued, and if the defendant cannot be found, the Court issueing the Summons Shall hear the proofs and allegations of the Plaintiff who shall himself be sworn, (gTanting same privi- ledge to the defendant if present,) in their own behalf, and upon the proofs and Alligations then established the Court or Jury, shall give and record judgement.

In case the defendant can not be found he or she may at any time within Six months apply for a New Trial, which shall be granted for sufficient cause shown, and on the payment of the costs of previous Suit.

Sec. II. Depositions may be used in evidence before the Miner's Court, Provided the witness is sick and unable to attend at the place of trial, or is about to leave the country, or is out of the jurisdiction of the court, Provided, also, that the adverse party shall have notice of time and place, when and where such depositions will be taken, and have the right to cross question

252 Gilpin County Records

such witness. Notice, however need not be given when the wit- ness is not a resident of this Territory

Sec. III. No cause shall be continued except bj the con- sent of both parties, or upon the affidavit of one of the parties or his Attorney, Setting forth good cause for a continuance, as for the abscence of a material witness, in which case the party must state on oath that he cannot safely proceed to trial without said witness, and that he believes he can procure the testimony of said witness at some future time.

Sec. IV. — Garnishee process may issue as a part of the origonal writ to be served upon both the defendant and Garna- shee, or seperately, or it may be issued after execution is re- turned unsatisfied ; in either case, if the Garnashee shall pay the defendant the amount of his indebtedness, after service of said notice and before the final judgement (if any is obtained,) is paid, he shall be liable to the plaintiff for such indebtedness.

Sec. V. New trials may be granted for good cause shown upon the same terms, or by the rules of common law, Provided, the party applying for a new trial first pay the costs that have already accrued.

Sec. VI. It shall be optional with the parties of any suit whether the same be tried by the President, the Justice, or by Jury.

Sec. VII. The regular number of jurymen to try civil causes, unless otherwise agreed upon by the parties, shall be three.

Sec. VIII. Each party shall have the right to three per- emptory challenges, and as many as necessary for cause shown.

Appeals. Sec. IX. Either of the parties may appeal from the Courts of this District, or from the verdict rendered and en- tered by the Court, or by the Jury of Three, to a Jury of Twelve, on payment of costs already accrued, who shall hear the testimony of the parties in which case the Docket of the Court shall be evidence ; and the verdict of the Jury of Twelve, shall

South Boulder District 258

be final — and if the judgement of the Court, or the verdict of the Jury first trying the cause reversed, then the judgment shall include the amount of costs paid by the defendant to ob- tain such new trial.

Notice.

Sec. X. Attachment shall be considered served by being read to the parties, together with a list of the property attached, and in case the party or parties cannot be found in the district, by having a copy of the same at his or their usual place of resi- dence.

Sec. XI. All executions issued from the Miner's Court shall be made returnable in twelve days from their date, and the Sheriff shall note, on each execution the day and hour of re- ceiving the Same, and return the said execution within twelve days, whether Satisfied or not, with his official acts endorsed thereon.

Sec. XII. Any property, sold under execution, shall be advertised, by posting Xotices in three conspicuous places, in the district, at least five days previous to the day of sale.

Said Xotices must designate the day and hour of said Sale, together with a description of the property to be offered for Sale. The Sheriff may adjourn the Sale to some future day, within the time Specified for the return of the execution, pro- vided there are no bids, or the bids are unreasonably low. Notice of such postponement shall be given during the hours of Sale.

Publication When Suit is instituted against any person who is absent from, or non-resident of, this district, Service may be had by posting notices or copies of the Summons in three conspicuous places in the district, at least ten days previous to the day of trial. A Copy of one of said notices shall be sworn to by the Sheriff who posted the same, stating when, how and where he served the same, which shall be filed with the papers in the case.

Equity. The Miner's Court shall have equity Jurisdiction, and shall

254 Gilpin County Records

be governed by common law rules of equity: Provided, either party shall have the right of trial by Jury and Provided, either party shall show, to the satisfaction of the Court, that he cannot obtain justice under the rules of law.

Exemption. Sec. XIIII. There shall be exempt from levy and sale on execution, the following articles, which are necessary for present use by the defendant: Mining tools. Mechanics tools, bedding, clothing, cooking utensils and necessary provissions for three months. And jn case of a man with a family, residing in the district, a dwelling house, not exceeding three hundred dol- lars in value, and the lot on which the same is situated, together with such articles of house-hold furniture as are strictly neces- sary: Provided, that nothing in the foregoing section shall ap- ply to judgment recovered for wages or labor preformed prior to this act.

Citizenship. Sec. XV. All persons who now reside in this, or, who shall hereafter come into the District to settle therein, and all persons doing business who reside out of the district who on opening claims. Gulch mining. Patch claims, building Quartz or other mills. Ranching, Farming Tunneling, or otherwise im- proving his property, when such improvnient and work is actu- ally commenced shall be entitled to vote in all the meetings of the District.

Chapter VI.

Criminal Laws. Sec. I. The President, and in his abscence the Justice of the Peace shall issue a warrant on the complaint of any person under oath charging any person of a crime or misdemeanor com- mitted in this District authorizeing the Sheriff to take the per- son into custody and to take him or her before the officer issuing the process or if the officer issuing the process is absent, before any other Justice or judge for trial in the district having cogni- zance. The charges preferred by the counsel for plaintiff or com-

South Boulder District 265

plainant, shall be read to him or her, to which the defendant shall plead guilty or not guilty, and on the plea of guilty — the Conrt shall sentence the prisoner to such penalty by fine or other punishment as he may determin, as defined by the laM's of crimes or for petit Larceny, Grand Larceny, and misdemeanor — and on the plea of not guilty, then the defendant shall be en- titled to a trial by jury and shall have twenty four hours to pre- pare for trial and the Court shall issue Subponeas on the appli- cation of defendant for such witnesses as he shall name and such witnesses shaU be required to attend said Court and testify in the cause. Any witness refusing to attend on any Court or serv- ice of Subpoena may be brought before such Court on attach- ment issued on the oath of the party requiring his attendance and be subject to all costs accruing upon such attachment if so determined by the Court.

Sec. II. Any person guilty of willful murder, upon con- viction thereof shall be hung by the neck until he is dead.

Sec. III. Any person guilty of man-Slaughter or homi- cide, shall be punished as a Jury of twelve men may direct.

Sec. IV. Any Crime or misdemeanor whatever not herein before mentioned, or provided for by law, shall be pun- ished as a Jury of Twelve men may direct.

Impeachment of Officers.

Sec. V. Any officer of this District may be Impeached and deprived of his office for neglect of duty, violation of the Laws, or any misdemeanor inconsistent with his official posi- tion. All charges brought against an officer must be specific, and presented in writing at a legally called meeting of the Miners.

Term of Office.

Sec. VI. All officers of this District shall hold their re- spective offices for the term of Six months, from th(> day of their election — Unless they Resign, or are Legally discharged from the Same.

256 Gilpin County Records

Chapter VII. Claims Defined &c.

Sec. I. All Lode Claimes made bj discovery shall be Two Hundred feet long, by One Hundred feet wide, and all cross Lodes within said boundaries shall be the property of said claim- ants ; all Preemption Lode claims shall be one hundred feet long by fifty feet wide.

Sec. II. All Gulch Claimes shall be One Hundred feet, up or down the Gulch, and from bank to bank; all Patch and Bank claimes Shall be One Hundred feet Square; Water Claimes shall be Three Hundred feet Square.

Sec. III. Every person shall be entitled to one Lode, one Gulch, one Patch, one Bank and one Water Claim, by right of preemption.

Sec. IIII. The Discovery hole or Shaft, shall be consid- ered in the center of the discovery claim, unless specified to the contrary on record.

Sec. V. Any person, owning a Quartz mill or claim, on which he has a mill, or is preparing to place a mill, shall have the right to cut or construct a race, flume or ditch. Provided, the water be so guarded as not to interfere with vested rights ; priority of claim to be in every case respected.

Sec. VI. No person shall be permitted to mine under any building or other improvement, unless they first secure the par- ties owning such improvement against all damages; except by priority of title.

See. VII. All mining claims must be recorded, unless continuously worked.

Sec. VIII. In all cases, where parties shall have com- plied with the Law, as far as possible priority of claim, when honestly carried out, shall be respected.

Sec. IX. Any person owning Claims of any kind, or prop- erty, may sell and convey by deed, any claim or property, to an actual purchaser who shall be entitled to all the rights and privi- leges belonging to the original owners of such claims or property.

South Boulder District 257

Sec. X. All deeds, Bonds. Bills of Sale, Contracts, or any instruments relating to conveyance of property, shall be witnessed, and must be acknowledged before the President, the Justice or Recorder of this District, and must be recorded, to be held as valid against creditors, or subsequent deed of grantor.

Sec. XI. Discoveries on Lodes shall not be recorded until the 'crevice' is found, and gold or other precious metal found therein, by washing, or otherwise.

Sec. XII No claim shall be valid without person was actually in the mountains at the time said claim was recorded, or have interests here represented by Legal, active partners.

Sec. XIIL Every Water power claimant shall be en- titled to all the natural fall of water on his claim, or claimes.

Sec. XIIII. All Water Claims not improved or repre- sented by their olers, or their Legal agents, on or before the 15th day of next July Shall be forfeited, and open for pre- emption.

Removing Timber &c.

Sec. XV". It shall not be lawful for any person or persons to remove, any timber or wood from this District, except. Sawed Lumber and Shingles, and upon conviction of a violation of this Section, the person or persons so offending shall be fined in a sum, not less than double the value of such timber, nor more than one hundred dollars, to be collected as other fines.

Sec. XVL The Timber upon all recorded Mining, Build- ing and Water Claims, shall belong to the same. Except what has been cut and claimed previous to the passage of this law, and shall not be removed, or appropriated without the permission of the owners thereof.

Chapter VIII. Town Sites and Ranches.

Sec. I. Any persons, or Company that may hereafter lo- cate and lay out a Town in this District shall make a map or plat thereof and file or deposite a correct duplicate of the same

258 Gilpin County Records

in the District Recorder's office with the names of the proprie- tors signed thereunto. —

Sec. II. The Plat, must designate the name of the Town, the District, the boundaries & when located. The said Plat must have all Streets, alleys public squares, avenues, market houses. Burial grounds and Lots, named numbered and staked off.

Sec. III. All deeds, titles or conveyances of said Town lots or property must have the signature of the proprietors thereof and be Recorded in the District Recorder's office — said proprietors being bound for all lots, or property deeded or con- veyed to any person, or persons.

Sec. IIII. The Said Proprietors to have and to hold said Town as Real Estate as other property of the District.

Sec. V. Any persons or Company may locate and lay off a Town in this district by complying with the provisions of this law — Provided they get the consent and signature of a majority of the miners in and of this district.

Ranches. Sec. VI. Any person or persons, may preempt and hold as Real Estate a Ranche in this District by Recording the Same in the District Recorder's office. The Record must designate the name of the Ranche, of the proprietors, the the boundaries, of the District and when located or claimed — Provided each person shall not preempt more than (160 A.) one hundred and Sixty acres of land, and Provided they shall improve such Ranche within three months from date of Record to the value of ($50.00) Fifty Dollars — and Provided they shall not be en- titled to more of the wood and timber thereon than is needed for the improvement and use [of the] Ranche, unless Manufac- tured and sold in the District.

Lien Law. Sec. VII. Be it enacted That, All labor performed, or material furnished for any Mill, House, Timnell, Gulch, Ditch or Lode be a Lien on the same, Provided the same is Recorded

South Boulder District 259

within Thirty days from the time such Labor was performed or material furnished.

Taxes. Sec. IX. All Lode Claims in this District shall be taxed ten cents each on or before the 15th day of Sept 1861. The proceeds to be applied as the miners may direct — if not paid before that time the Sheriff shall give ten days notice, and if not paid within that time, they shall be sold for the taxes and a valid deed given to the purchaser.

Chapter IX. Tunnel Law.

Sec. I. Any person or company locating a Tunnel Claim in this District, as hereinafter provided, shall be entitled to pre- empt one hundred by two hundred feet of ground, as surface claim, at the starting point for Tunnel purposes and deposits.

Sec. II. Any person or Company runing a Tunnel under this law, shall be entitled to four hundred feet, and no more, upon any Lode, which may be discovered in said Tunnel, two hundred feet of which may be taken on each side of the center line of the tunnel claim ; Provided, also, that such discovery be preempted and recorded as other claims.

Sec. III. Any person or Company, locating a Tunnel as aforesaid, shall be required to commence work upon the same on or before the first day of June, 1861. And all Claimes Recorded after the first day of May 1861, must be worked within Thirty days from date of Fileing and Recording. Any person or Com- pany shall be required to perfonn at least three months lalwr for one laborer, in every Six months — upon failing to comply with the requirements of this section, the right of such Tuinul shall be forfeited.

Sec. nil. All Tunnel claims shall be staked at the start- ing point in the center, upon which stake shall be written the direction and terminus of said tunnel, together with the name of the owner or owners.

Sec. V. Any person or Company running a tunnel under this law, shall have the right to cross any lode on the line of

260 Gilpin County Records

said tunnel. Provided, the amount of Quartz taken out of such lode, shall not be more than is necessary to cross said Lode, the width not exceeding the size of said tunnel at smallest place.

Sec. VI. Any person or Company, owning claims, through which a tunnel, under this law may pass, shall have the right, either in person or by their agent to inspect such lode claim, in said tunnel, at any time they may desire.

Sec. VII. When a person or Company claims to have dis- covered a New Lode in their tunnel, and said lode is claimed by prior discovery, it shall devolve upon the Tunnel owner to show that his discovery is a new one.

Sec. VIII. All persons owning lode claims shall have the privilege of working them by tunneling or otherwise, and to de- posit quartz either by slide or tramway, at the point most con- venient for them on any gTOund claimed under this law for sur- face deposits. Provided they do not deposit Quartz, or place any obstruction nearer than twenty feet from the center of the mouth of said Tunnel.

Chapter X. Toll Roads. Resolved

By the Citizens and Miners of South Boulder District at a legally called Meeting — , That we grant the Right of way to all Toll Road Companies through this District and a Charter for the same.

Provided 1st That said Road shall not exceed Sixty feet in width.

Provided, 2nd Said Road shall not interfere with the per- sonal rights of individuals acquired previous to the passage of this act.

Provided 3rd Said Road shall not interfere with the right gi-anted to other Road Companys previous, to the granting of any Charter hereafter.

Provided 4th The Citizens of this District shall have the 'right of way' for Local use that portion of Road located within the boundaries of this District — by repairing all ware or Dam-

South Boulder District 261

age done to the Said Road or Bridges, by the said Citizens or Miners.

This act shall take effect and be in force from and after its passage.

Passed March 30th 1861.

Amendments

Sec III. of Chapter VII. Should read Every person shall be entitled to one Lode, one Gulch, one Patch, one Bank and one Water Claim by right of preemption on each, and every Lode, Gulch, Patch, Bank or Water power in the district.

S. Boulder Dist. September 27th 1861.

Be it enacted by the Citizens and Miners of South Boulder Dist that Section IX, of Chapter VIII, of the Revised Laws of S. Boulder district be, and is hereby Repealed.

Be it enacted by the Citizens and liners of S. Boulder Dist. That the President, Justice, Sheriff and Recorder be sworn to truely and impartially execute the Laws of the district and that the Justice and Sheriff give Satisfactory Bonds to the President before entering upon the duties of their offices to faithfully discharge the Same.

Silver Lake District

Istew Organization.!

At a large and respectable meeting of the citizens of the mountains, held on Silver Mountain, on Monday, the 15th inst. [October, I860]. On motion W, H. Gray was called to the chair, and A. E. Guild elected Secretary. On being called upon, the chair explained the object of the meeting to be the organiza- tion of a new district, the election of officers for said district, and the passage of such general laws for the protection of prop- erty in such Territory as would be equitable and just to all per- sons interested whereupon, a new district, called Silver Lake district, was laid out, bounded as follows, to wit: Beginning at the Northwest corner of Fairfield district, thence running in a Northerly direction, up Silver creek, to the divide between the waters of South Boulder and Clear Creek, thence down the divide to the west line of Missouri district, thence with the Missouri district to the north line of Fairfield district, and thence with the north line of said district to the place of begin- ning. After which, on motion the meeting proceeded to the election- of officers, whereupon A. E. Guild was duly elected President; H. Cooper, Miners' Judge; S. H. Osborn, Sheriff and E. A. Lynn, Recorder, for the term of one year. After the adoption of many useful and necessary regulations for said dis- trict, on motion it was Resolved, that the Rocky Mountain News and Herald be requested to publish the proceedings of this meet- ing in their daily and weekly papers ; whereupon the meeting adjourned, amidst much enthusiasm, with three cheers for the Silver Lake district, and the officers elect and the general pros- perity of mining in these mountains.

A. E. Guild, Secy. W. H. Gray, Pres't

Rocky Mountain News, October 24, 1860, p. 2.

Silver Lake District 263

Laws Axd Minutes

Section 1st, January 1st 1861

Meeting called to order bv Electing Wm Wightman to the chair Wm H. Cadwell Secretary

The President stated the object of the meeting for the per- pns of Electing a Recorder also to attend to varioiisis other buisness

On motion the meeting proceede to nominate candidate for Recorder Carried

On motion the meeting proceed to elect by acclimation Carried

On motion Wm H Cadwell be a candidate for recorder Carried

On Motion D F Copeland be a candidate for recorder Lost

On Motion Wm H Cadwell is declared duly Elected Re- corder Carred

Art 1st On motion a commitee of (1) one be apointed to procure the Books and records belonging to Silver Lake District of the former Recorder Carried

Art 2nd On motion the Recorder have power to call Min- ers Meetings when requested by the miners or whenever he sees propper Carried

Art 3rd On motion be it annacted that no woman shal hold Claims in this District Carried

Art 4th On motion Resolved that all Lodes the Discovery Claim shall be plainley and distinctly marked and that all Claims on either side shall be taken by numbers irrespective of Stakes Carried

Art 5th On motion Resolved that all persons shall be per- sonley presant or their order in wrighting at the time when claims shall be Recorded Carried

Silver Lake District Jan 1st 1861

Wm Wightman Chairman Wm IT Cadwell Recorder

'Silver Lake District, Lode [Book].

264 Gilpin County Records

Sec 2nd Silver Lake District March 2nd 1861

On motion the Meeting called to order Wm W Griffith

appointed Chairman Wm H Cadwell Secretary

Art 1st On motion a Commitee of three (3) be appointed

to draft resolutions for Said District Carried

Wm Wightman

P D Blaizdell 1- Commitee

J A Kerr

Laws adopted in Silver Lake District, March, 2nd 1861

Art 1st be it enacted that the officers of Silver Lake Dis- trict shall consist of a Recorder all other officers shall be ap- ointed by miners when in session

Art 2nd It shall be the duty of the Recorder on applica- tion of two or more of the miners of this District to call a Min- ers Meeting for eny purpose whatever and notice shall be put up in two or three public places three days prior to the Meeting

Art 3rd All disputes and difficulties in regard to mining Claims or other property shall be settled by the majoriety of the miners presant at the Meeting unless both parties are agreed to cari-y it out of the District a Judge shall be appointed by the Meeting

Art 4th Every person discovering a Lode or Gulch or dry diggings shall be entitled to two hundred feet for discovering in Silver Lake District

Art 5th Every miner shall be entitled to one Lode Claim on every Lode in this district by premption and one Gulch Claim and one dry diggings Claim and one Water Claim

Art 6th A Lode Claim shall be one hundred feet long by fifty feet wide Gulch Claims shall be one hundred feet long and from Bank to Bank Dry diggings shall be one hundred feet Square Water Claims shall be two hundred and fifty feet square /

Art 7th It shall be the duty of every miner or eny person holding premtion Claims of eny Kind whatever to represent the

Silver Lake District 265

same once in a year in either of the three Months July, August or September and write their Thames in a Book provided for that purpose at the Eecorders office if this article is not complied with Said Claims shall be forfeited

Art 8th No person shall be entitled to hold a Discovery on A Lode until he finds the Crevice

Art 9th Every person shall be entitled to the timber Standing on his own Claims

Art 10th All Discoveries and purchase Claims Shall be held as real estate

Art 11th These Laws shall be amended when deemed Xecessary by a majority of the miners presant Wm Wightman 1

P D Blaisdell I Commitee to draft resolutions J A Kerr J

On Motion the resolution be adopted and the commite Dis- charged Carried

On Motion the meeting adjourn Carried

Silver Lake District March 2nd 1861

Wm W Griffith, President Wm II Cadwell, Sect

Section 3rd Silver Lake District May 28 1861

On motion the meeting Called to order

P J Fairchilds, chairman Wm H Cadwell, Secretary

Art 1st Resolved that the Terratory or District which has heretofore been Kansas District be annexed to Silver Lake Dis- trict Claiming all the dividing Waters of Silver Creek on the North and North West side and that said Terratory be Governed by the Laws of Silver Lake District with the exceptions of the Timber Laws of Kansas District tlicy slml] Hold good Curried

Art 2nd On motion the Tunnel Laws of Iljiwkcve Dis-

266 Gilpin County Records

trict be adopted and it be the duty of the Recorder to coppj them from the Hawkeye Books Carried

On motion the Meeting adjourn Carried Silver Lake District May 28th 1861

P J Fairchilds, Pres Wm H Cadwell Sec

Silver Lake District Sep 28th 1861

On motion the meeting was called to order Henry C Shef- fer, Chairman, Wm H Cadwell, Secratary

Section 4th On motion thare be an amendment to Act 5th in Section 1st Carried

Resolved that eny person holding Claims in this district shall have the privlage of giving any other person the power of attorny to represent his Claims in his absence and it shall be as valid as though he ware heer in person also that real partners in buisness may take and represent Claims for each other Carried

On motion the meeting adjourn Carried

Henry C Sheffer, Chairman Wm H Cadwell, Sec

Spring Gulch District

From Spring Gulch

Spring Gulch, Nov. 21, 1860. Editors News: — It may possibly interest you and your readers to know something of the little excitement arising from a dispute between Spring Gulch and Nevada. — Late last sum- mer, Spring Gulch District was organized according to law, as a mining district, notwithstanding the opposition of the officials of Nevada, and of a few discontented men in Eureka. Our officers were duly elected, and the district went quietly into operation; an acknowledged district by all the neighboring gulches except the disaffected of Nevada. A short time since, a suit arose concerning the possession of a certain house, stand- ing in Spring Gulch. The man in possession at the time, had voted for the organization of our district, and for the present Judge, and had acknowledged our district by transacting busi- ness in our court. Finally judgment was obtained against him, and a decree of sale issued by Judge Bond. Immediately he flew to Nevada for help, and with the assistance of his attor- ney, obtained from the Judge of Nevada, an injunction on the Sheriff of Spring Gulch, forbidding the sale on the ground that the property lay in Nevada District ; a most palpable falsehood. The officers of our district disregarded the injunction of course, and sold the property. The defendant said no man should take it. He was told that the purchaser would be put in full pos- session. The man's attorney, and the Judge and officials of Nevada told him to fight, and they would back him up. He ac- cordingly armed himself, and threatened to kill any man who should attempt to put him out When the time came to put the plaintiff in possession, the proper officer went and put the defendant out of possession, and tbe plaintiff in, defendant hav- ing concluded to submit. The officers of Spring Gulch were

Rocky Mountain News, November 28, 18G0, p. 2.

268 Gilpin County Records

summoned to appear before the Judge of Nevada, which sum- mons was treated with contempt. A warrant of arrest was then issued for all three of our officers, Judge, Sheriff and Deputy, and put in the hands of the officer of iSTevada, who never showed himself except in the lower end of our district, where he laid in wait, and did succeed in arresting our Judge, by catching him alone and unarmed, but the other officers they failed to take, for whenever they went out they were armed and openly said, quietly but friendly, that they would not be taken alive. They took our Judge and gave him a sort of mock trial and tried to make him give bonds never more to act as Judge of Spring Gulch District, or to take thirty-nine lashes, and to be fined fifty dollars anyhow. Our Judge faced them manfully, denied their jurisdiction, declared them not a court but a law- less mob, which indeed they must have resembled, and refused to give any sort of bonds, or to so far notice the court as to make any defence. They finally backed out, remitted the bond, lashes, fine and costs, and set him free. When he returned, a mass meeting of the citizens of our district was called, and with an account of that I will close this lengthy letter. The lawless and outrageous course of the Judge of Ievada in this matter, aroused great indignation against him and his officials, who seek to enlarge their Territory in order to take in more money for recording and in law suits. A mass meeting was imme- diately called, by some of our best men, among whom were Messrs. Starr, Johnson, Hawke, Xuekolls, Please, Byers & Co., H. G. Otis and many others. The meeting organized by calling Mark Allyn to the chair. Judge Bond stated the facts in the case, and the circumstances of his arrest and trial. On motion, Messrs. Lloyd, Adamson, J. P. Henry and J. H. Myers were appointed committee on resolutions. During the absence of the committee, Mr. Swift of Eureka made a speech, assuring us of the sympathy and support of Eureka District, and giving a his- tory of the district, &c. He was followed by Dr. Lomas from Missouri Flats, in the Hlinois Central District, who assured us in warm terms of the sympathy of Missouri Flats, and of his entire district, and of their entire recognition of us as a dis-

Spring Gulch District 269

trict, and of a determination on the part of his district to sup- port us. He made a few remarks of a lejral nature, proving plainly and forcibly the entire legality of our orp:anization. The committee on resolutions reported the following which were unanimously adopted.

lereas, A mob of the people of Nevada District have recently under pretence of legal authority, by force and con- trary to law attempted to interfere with officers of Spring Gulch District in the discharge of their duty as officers, and have at- tempted to assume jurisdiction over a large portion of our terri- tory; therefore,

Resolved, 1. That we, the people of Spring Gulch Dis- trict, will in future at all hazards, sustain our district laws and officers as against any mob of Xevada District, and that we will resist to any extreme, any, and all encroachments of Nevada District, on our Territory, or any part thereof as established by us, at an election held for the purpose of re-organizing our district, September 29th 1860.

Resolved, 2. That we regard the arrest of one of our officers and the attempted arrest of others by the officials of Xevada District for discharging their duty as officers of said Spring Gulch District a most heinous outrage upon our rights as a legally organized district, and that we will not in future submit to any repetition of the same.

Resolved, 3. That the course of Judge Gones and the President of Nevada District in arresting and trying the Judge of Spring Gulch District is one of the greatest outrages ever perpetrated by a sworn officer of the land, by issuing a warrant of arrest against one of his peers, thereby violating the law of nations, and in issuing a warrant of arrest without the affidavit required of him by his oath of office, thus making himself a perjured officer in the eyes of the law.

Resolved, 4. That the Judge of Spring Gulch District bo recommended to issue a writ of restitution and place it in the hands of the proper officer, and that we assure that officer of our united and hearty support in the discharge of his duty.

270 Gilpin County Records

Resolved, 5. That the proceedings of this meeting be made a matter of record.

Resolved, 6. That the proceedings of this meeting be pub- lished. Jno. J. Monell, Jr., Sec'y. Mark Allyn, Ch'n.

The above account I copy from the minutes of the meeting obtained from the Secretary of the meeting.

We are determined Mr. ISTews, to be a district, and to sup- port our organization, and we will do it, and all our sister dis- tricts assure us of their support and sympathy.

Yours truly, Hans Jacobs.

Lake District

Mixutes

Record of proceedings of Citizens Meeting;

At a Meeting of the Citizens of Qnincy and Lake Gulch Districts held on the Ist day of March A. D. 1861 in persuant to a Call by the President of Quincy Dist- for the purpos of imiteing the two Districts and the Elections of Officers for the same W. H. Morgan was Elected Secratary-. Moved and Sec onded that a Committee of five be apointed on joint resilution Himer Smith Dr Mc Lain W.S. Murry Townsand were elected to serve on said Committee on Motion two more were elected from Pleasent Valley Dist to serve on said Committee Mc Cas- kell Pendelton motion the report of Joint Committee on resilu- tions made by the Secatary

Mr. Colly tenderd his resignation as President of Qnincy Dist resignation recieved Mr Bro'n tendered his resignation as Justice of the peace resignation recieved Mr Lindsey tend- erd his resignation as constable of Quincy Dist recieved Mr. Henry tenderd his resignation as Justice of the peace of Quincy Dist recieved. On Motion vote taken by the Citizens of Lake Gulch District voted on Union of the two Districts Majority for Union on vote on Motion a vote taken by the Citizens of Lake Gulch Dist whether they would Countinance the Officers of their own. District now in power decided they would not on motion the report of the comittee discharged On Motion of Dr McLain S.G. Colly was Elected President of Lake District on motion decided that the Balance of the Officers be Elected balat on Motion Nelson J Smith Elected to the Ofice of Sur- veyor by Aclimation On Motion Robert C. Lindsey Elected to the Office of Constable by Aclimation on balat O. F. Bams J.

Lake Gulch District, Record of Conveyances, Powers of Attorneys, etc., Book C. Lake District was commonly called Lake Gulch District. No records of Quincy District were found.

272 Gilpin County Records

M. Bundy Elected Justice of the peace for Lake District R, B. HajMard was Elected Recorder of Lake District On Motion decided that another Justice be elected Makeing three Justices Brown Elected by Aclimation to fill that OiSce On Motion A Committee of five more apointed to compile Laws for Lake Dist J.M. Bundy J. A. Woodmancy S.G. Colly Brown Wheler Com- ittee

Lake Gulch March 1st 1861

Resolved that it is deemed expedient that the District known as Lake Gulch and Quincy Dists Should unite the same [to be called] Lake District With the two said Districts [united]

Resolved 2nd that the Officers not already vacated by Res- ignation be declaimed vacant by the Actions of this Meeting

Resolved 3d That A Comittee be apointed to draft a code of Laws for Lake District and untill such code be made and adopted by said District the present Code of Quincy District be adopted by said New District —

Resolved 4th that this Meeting proceed to Elect by Balat the folowing Officers viz one President two Jusices one Re- corder one Surveyor one Sherifi" S. G. Colly President O. F. Bams J. M. Bundy Brown for Justice of the peace Robert C Lindsey Sheriil Ielson Smith elected to the Office of Surveyor R.B. Hayivard was elected as Recorder of Lake Dist Resilu- tions adopted that a comittee of three be appointed to demand the Books of the Officers of Lake Gulch and Quincy District if said Officers refuse to deliver up the same the Judge shall at once isue a writ to the Sheriff for the recovery of the same L. Drake Wm E. Wheeler E. Smith apointed said comittee ad- journed to meet again in four weeks from March 2nd A. D.

List of Voters Names of Lake Gulch District for the Anex- ation of said District to Quincy District

Lake District

Names Woodmancy N.E. Bibbins E. Wash S.G. Snider T. H. Cuningham J.E. Ilaine C. Hagus John M. Kank Robt. D. Morrison WM Palmer G.S. Guest J.C. McColmer W.H. Bennet J.W. Muer W.P. Pusey J. F. Hall Thomas Pusey J. Connor S.F. Dodge O.F. Bams I, Crippin N". H. Smith

Names RW. Haymer B. Grumes C.A. Gates D.C. Tappan J.W. Walker

D. S. Lancton T. R Ward J.E. Ramsen M Hubard

J. Walters S F Guest J. Proctor Nelson Smith N. Floyd RB. McCaley John Lawler J. Mally

E. Smith John Dick J. Heimer O. Barns R.B. Hayward

At a Meeting held at M E Hodge's Office March 9th 1861 in Lake Gulch Motion made to sustane the proceedings of a former meeting held at S.G. Collys March 1st 18G1 caried in the afermative in favor of sustaining the miner meeting pre- ceedings of the union meeting Moved the above be put upon Record each vote by Aclimation

R. B. Hayward Recorder

Lake District March 4th 1861

At a Meeting held by the Creditors of M. J. Foly & Co.

for the purpos of setling upon some Masure to sotlc affairs of

said company & the creditors S G Colly was Elected President

of Said Meeting R B Hayvard Secatary of said Meeting . . .

R.I>.irav\var(l Recorder

274 Gilpin County Records

Kesolved that M.H. Root and John Langlands act as Joint Assignes for the Party herein Mentioned in setling the Acts and to run the Mill as Recorded in Book A. Page 2nd Also resolved that Mr. J. Bundy Act as Attorney to transact business for the partys aforesaid viz of Meeting

R.B. Hay ward Secatary & Recorder

Lake Dist 6th 1861 At a meeting of the citizens of Lake District called by one Mr. L. C. Snider for the purpos of takeing into consideration the subject of claim jumping Mr Snider stated his case to the Meeting stating that he has worked his claim all the time or had it worked — after a spirited discusion upon question Mr Drake moved that Mr Snider be reenstated in full possesion of his claims Motion was unanimously passed on Motion the meeting adjourned W. M. Templeton Sec B. W. Brown Pres — R. B.Haysvard Recorder

Lake District April 13th A. D. 1861 At a Meeting held at S. G. Collys on Motion made by Charles Allen that W. D. Townsand act as Administrator upone one John Mailys estate Motion sustained & caried he was Elected — Moved & seconded that Meeting adjourn untill Apr 16 P.M. at S. G. Colly early in the eavening

R. B. Hayward Recorder

Lake Dist Aprill 16th 1861 At a Meeting held at S. G. Collys — Moved and seconded to apoint a comittee of 3 to draft Laws to prevent the sale of Licquer in this Dist Motion caried the folowing Comittee were Apointed 0. Barns J. Bundy Mr. Granden Moved & seconded to adjourn. Sini Di Motion carried —

H. B. Hayward Recorder

Colorado Territory Lake District

Arapahoe County April Sth 1861

Know all men by these presents that we R. B. Hayward

Lake District 275

and M. H. Root Ebin Smith are held and firmly bound unto the citizens of Lake District in the penal sum of five hundred dollars conditionalj that if the above be under oblijation R.B. Hajward Shall faithfulv discharge the duties of the ofiice and keep all Books and papers that may belong to said District and to acount to the proper Ofiicers for all moneys that may come into his hands belonging to said District then this bond to be nul or void and of no effect other wise to remain in full power and affect given under my hands and seals this 8th day of April A. D. 1861 Approved by A. G. Colly

President

M. H. Root (seal) Ebin Smith (seal)

R. B. Hayward (seal) R. B. HayAvard Recorder

Colorado Territory Arapaho County Lake District April 8th 1861 Know all men by these presents that we O. F, Barns and O, Bams are held and firmly bound unto the Citizens of Lake District in the penal sum of five hundred dollars conditionaly that if the above boundon obligation O. F. Bams Shall faith- fully discharge the duties of his office and safely keep & pay over all moneys that may come into his hands belonging to other persons then this bond to be void and to no afect otherwise to remain in full force and afect given under our hands & seals this 8th day of April A. D. 1861

Approved by S. G. Colly O. F. Bams (seal)

President Orsamas Bams (seal)

R. B. Hayvvard Recorder

Lake Dist July 3d 1861 At a Regular called Meeting of the fiuers of Lake Dist to settle the titles of claims Nos lJ)-20 on Lake Gulch on vote taken Claim No 20 was given to Mr. G. W. Wilson

On Motion carried that the Siirvcvor "ive a correct Meas-

276 Gilpin County Records

urement of Lake Gulch claim jSTo 19 he found it Shall belong to X Xewman — to be surveyed at the expence of the owners of claims on said gulch to comence at the old boundry or stump also by vote claim lo 29 on Lake Gulch was given to E. Gran- don — on Motion Adjourned Sini Di

S G. Colly President R B Hayvard Sec.

Lake Gulch July 6th 1861 Miners met persuant to call of the President Motion made that John Bennet claims ISTos 33 & 34 on

Lake Gulch vs Bloom [ ?] Motion carried that he and Brother

retain said claims.

On Motion a comittie of five were apointed to investigate

Mr W Putlack case in refarence to claims claimed by Putlack

and other parties O. F. Bams Wm Nichleson A Miller &

Clark & McGrath

On Motion meeting adjourned

E. B. Hayward Sec

Lake Gulch July 8 th 1861 This is to certify that J. I3'elson Smith Surveyor of Lake District have this day surveyed or masured Lake Gulch per call of the Citizens of Lake District on July 3d 1861 with the fol- lowing results comenceing at No 1 below discovery by directions of ISTicholson Miller and Waggoner Lockwood measuring down the Gulch staking & numbering a stake evrj fifty feet and that said numbers agreed or nearly so with Stakes that have ben pre- viously drove and numberd

Attest Signed J. Xelson Smith

R. B. Hayward Assistant J. A. Woodmancy Assistant

Lake District July 20th 1861 At a regular meeting of the miners of Lake District on Motion carried ISTo 19 on Lake Gulch was voted over to Jacob

Lake District 277

Newnam acording to the survey made bv J. Nelson Smith July 8th 1861

R. B. Hayward Recorder

Lake District July 26th 1861 Miners met pursuant to call of spposed call President called the meeting- Parties would a written call and report of comittie was called that was appointed to investigate right and title of said Putlacks (deseased) to claims on report [on]Lake Gulch and on motion of Dr Waggoner the following amend- ments was made to report that parties now acupying the ground shall pay to Samuell Putlack or his heirs administrators the sum claimed on said claims now in dispute with the exception of pro rate of (16) sixteen feet on (69) sixty nine Substitute by Ir Hodge Last First motion the first carried motion tluit report be adopted as amended carried

J. 'N. Smith Deputy for R. B. Hayward Recorder

Lake Dist Aug 10th 1861 At a regular Meeting called & organised a Move made & seconded that the claims No 45 & 46 on Lake Gulch be given to Mr Lot Mr Cohein carried Moved & seconded that IMr Mc- Grath hold a lean on the above claims for the Amount of 21 dollars & 25 cents,, Moved to ajourn carried

R B. Haysvard Sec

Lake District Aug 20th 1861 At a regular called meeting of the Miners of Lake dist a Motion made & seconded that the proceedings of a meeting held Aug 10th 1861 be set aside carried Moved & seconded to give claims No 45 & 46 on Lake Gulch to Mr Death Flciniiig carriod Moved to adjourn carried

R. B. Hayward Sec

Lake Dist Sept 28th 1861 At a meeting of the citizens of Lake dist held tliis day Mr O. F. Barns chosen chairnum of Meeting Mr Mluiic/.cr Smitli

278 Gilpin County Records

was Elected President of said dist to serve in the absence of Mr S. G. Colly

R. B. Hayward Sec

Revised Laws!

An Act in Relation to the Officers of Lake District, THEIR Duties, Term of Office and Fees.

Section One. Be it enacted by the citizens of Lake District in Convention assembled: That there be elected in this District upon the first Monday of March in each year the following Officers, who shall hold their respective offices for the term of one yere, unless they shall sooner die, resign, remove from the District, or be removed for misconduct by the citisens of this District : vis — a President Judge of the District, a Constable, a Surveyor and a Recorder who shall be ex-officio Treasurer of this District

Section Two. Be it further enacted : that there shall be elected, at the same time, two Justices of the Peace, who shall have original jurisdiction in all cases not hereinafter otherwise provided. Parties may remove any cause from one Justice to another on making affidavit that he or they believe that an impartial trial cannot be had on account of prejudice of the Justice. Appeals may be taken to the President Judge of Superior Court, and the decision of said Court shall be final It shall be the duty of the President Judge to preside at all public meetings of the citisens of this District, when called for purposes of a public character.

Section Three. Be it further enacted : that it shall be the duty of the Re- corder— safely to keep the books and records of the District and to record all proper papers, upon payment of the legal fees, to act as Secretar) of the District and to keep all moneys paid to him by the President or Justices of the Miners Court, until the

' The manuscript was found among the Sayre Papers. The manuscript is not dated, but reference to Colorado Territory would place it not earlier than 1861. The laws are in duplicate. The district was organized in 1860.

Lake District 279

same are ordered to be paid over bv vote of the Citisens at some public meeting legaUv called. The said Recorder shall give Bonds to the District, to the amount of One Thousand Dollars for the faithful performance of his duty as Treasurer thereof, said Bonds to be approved bv the President of the District.

Section Four.

Be it further enacted that the fees of the Recorder shall be regulated as follows : For recording claims and all other writ- ten instruments required to be recorded — Fifty cents when less than a Folio — One Dollar when more than one and less than Two Folios and at the same rate for each additional Folio, and such other Fees for District business as the citisens shall allow

The fees of the Justice shall be as follows :

For Siunmons. One person .50

" " each additional person .25

Order of arrest -50

Docketing cause -20

Attachment 1-50

Subpoena — for one person -50

Each additional herein -25

Execution -50

Every other writ ' Entries — Each adjournment Judgt on writs or for costs

Dismission or discontinuance without costs .50

Satisfaction of Judgt -50

Transferring " -50

Each motion decided -50

Making up Docket per folio "'JO

Transcript of Docket and copying per folio .0

Swearing Jury -50

280 Gilpin County Records

Swearing Witness .20

Each Bond .70

Swearing Arbitrators — each .25

Sitting during continuance of Arbitration each day 1.00

Making Arbitration Bond .50

Entering award on Docket per folio .30

Attachment against witness for contempt .75

Warrant in criminal cases — one person 1.00

" " " " each additional therein named .50

The Justices and Judge of the Miners Court shall receive Five Dollars for presiding at each trial — and double the Fees allowed by the laws of Kansas for 1859 — for making out the necessary papers, with the exception of the cases otherwise pro- vided for by this Act.

The fees of the Constable shall be as follows : Serving and returning Summons, each person .50

" Subj>oena each witness .50

'' Order of arrest .75

" " Replevin .75

" and returning Execution 1.00

Warrant 1.00

" notice on garnishee .50

Appraisal and return .50

Taking and returning Bond .70

Summoning Jury 1.00

Attending " .50

Advertising and selling on Execution 1.00

On all money collected on Execution — to be paid by Deft 10% Tenure fee — each mile .20

Bringing prisoner to Court by order 1.00

Attending criminal examination 1.00

Collection of all moneys without sale 10%

The fees of Referees and Arbitrators shall be for each per

day 2.00

The fees of witnesses shall be — per day 2.00

Traveling fee of witnesses per mile necessarily traveled in

going to and coming from place of attendance .10

Lake District 281

Section Five.

Be it further enacted : that ten days' residence within this District shall constitute the only qualification for voting for all males over twenty one years of age.

Section Six.

Be it further enacted: that it shall be the duty of the Justices and Judge to sign all writs issuing from the Miners Court, to make all transcripts of Judgments required — on pay- ment of their fees, to enter judgments and pay over to the proper parties moneys collected on such judgments and excep- tions, to try all criminals and pay over to the Treasurer all moneys they receive for the District for fines and judgments, and to perform such other duties as necessarily appertain to their offices.

Section Seven.

Be it further enacted: that the distinctions between Law and Equity shall not be recognized in the Miners Court, and parties in any case may avail themselves of all their Legal and Equitable claims on defenses in the same action.

Section Eight.

Be it further enacted: that the Miners Court may grant writs of Injunction — upon motion — in all proper cases, and all other motions — upon sufficient cause supported by affidavits, and may do all such other acts as a court of Equity may do.

Section Nine.

Be it further enacted: that the Minors Conrt shall liave power to fine for contempt in a sum not exceeding One Hun- dred Dollars and may issue execution tlicreon as upon a Jn<lg- ment.

An Act in Relation to Practice in the Miners' Couut

Section One Be it enacted by the citizens of Lake District in Conven- tion assembled:

282 Gilpin County Records

That if any person shall wish to commence a civil action in the Miners Court of this District, he shall file with a Justice thereof a statement in writing, setting forth the grounds of complaint, which shall contain all the facts and allegations nec essary to constitute a cause of action, in plain and imequivocal language. Such statement shall be known and called by the name of a complaint. Upon the filing of a complaint the Court shall issue a writ or summons to be served upon the defendant to appear and answer at the time therein named, or Judgment will be issued 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 summons shall state in substance, that if the Defendant do not appear and answer at the time therein named judgment will be taken against him by default for the sum of money, and such other relief as to the Court may seem proper. If the remedy applied for shall not be for any sum of money, the summons shall ask judgment for the relief demanded in the complaint.

Section Two

Be it further enacted : that the defendant at any time before the day set for trial of any cause in the Miners Court, may file his answer or demurrer, upon either of which the plaintiff may join issue, and if an answer be filed containing new matter irrelevant to the issue, it must be denied or avoided by the plaintiff in his reply, and all matter not denied or avoided by one pleading subsequent tO' another shall be taken as con- fessed and true.

Section Three

Be it further enacted : that the term of three days shall be granted for the filing of each pleading subsequent to another, until the issue is made up.

Section Four

Be it further enacted : that all pleadings shall be verified by the parties or their attorneys.

Lake District 283

Section Five

Be it further enacted : that in all cases of the foreclosure of a mortgage, or lien of any kind, the Equity of Redemption shall not extend beyond ninety days.

Section Six

Be it further enacted : that in all cases for partition of claims between joint owners, three disinterested commissioners shall be chosen by the parties who shall effect such partition.

Section Seven

Be it further enacted : that depositions may be used in evidence, provided the witness is sick, and unable to attend the place of trial, or about to leave the country, or is out of the jur- isdiction of the Court. If taken within the District, notice shall be served upon the adverse party, of the time, and place when the said deposition is to be taken, if out of the District, notice shall be given by mail, by publication in the Denver newspa- pers, or by any other method whereby — in the judgment of the Court — the party would be most likely to receive notice.

Section Eight

Be it further enacted: that the rules of evidence as ad- mitted in the Courts of the United States shall be observed in the Miners Court.

Section Nine.

Be it further enacted: that no cause shall be continued, unless upon the affidavit of a party or his attorney — of the absence of a witness whose evidence is material to the issue — as he verily believes, and that he cannot safely proceed to trial without the evidence of said witness, who, he believes, can be procured at some future time which he shall state, or for some other good and sufficient cause.

Section Ten

Be it further enacted: that in all cases of attachiiicut and Replevin, the practice prescribed by the laws of Kansas for

284 Gilpin County Eecords

1859 shall be observed, and when, in case of attachment the defendant has left the District, or keeps himself secreted within the same so that process cannot be served upon him, notice shall be posted up at three of the most conspicuous places in the District for ten days, which shall be deemed sufficient notice. The Court shall be satisfied before gTanting notice to be posted, that the defendant cannot be reached in the usual way.

Section Eleven

Be it further enacted ; that garnishee process may issue as a part of the original writ to be served on both Deft and gar- nisher, or separately, or it may be issued separately after the execution is returned unsatisfied, and in either case if the garnisher shall pay the demand over to the Deft after legal notice, he shall be held liable to the amount of Pltffs judgment and costs, if he was indebted to that amount when service was made, and if in a smaller sum, the amount of his indebtedness at the time notice was served.

Section Twelve

Be it further enacted : that all special proceedings in the Miners Court shall be conducted according to the forms pre- scribed in the Laws of Kansas for the year 1859, as far as con- sistent with the laws and local affairs of this District, and all motions relating to such proceedings shall be verified by affi- davits of the parties or their attorneys.

Section Thirteen

Be it further enacted : that new trials of all cases which have been or may be tried shall be granted upon the same terms as are required by the rules of the Common Law, and it shall be discretionary with the Court in all cases to grant or reject the application.

Section Fourteen

Be it further enacted: that no debt or demand of any nature shall be collected bv suit in this District which has not

Lake District 286

originated either in coming to this mining region, or since the arrival of the debtor within the limits of Colorado Territory.

Section Fifteen

Be it further enacted : that in all cases when the liability of persons in actions founded on contract or in mixed actions is not defined by the laws of this District, the common law rules shall apply.

An Act Relating to Trim, and its Incidents

Section One

Be it enacted by the citizens of Lake District, in Conven- tion assembled ; That in all cases when a civil action is com- menced in the Miners Court, the Ptff shall file a bond with one or more good and sufficient sureties, c-onditioned to pay all costs which may be taxed against him in case he shall fail to recover judgment in said suit.

Section Two.

Be it further enacted : that upon the return day of a sum- mons, if either party shall call for a Jury, he shall first advance the fees, at the rate of one dollar and fifty cents for each Juror, 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.

Section Three

Be it further enacted; that Avhen a Jury is called for, the Court shall issue a Venire, and the Constable shall make out a list of twenty four names of citizens of the District, and shall submit the same to the parties or their attorneys, who shall strike off, each of them alternately, an equal number of names until the proper number shall remain, said number to be either three, six, or twelve, as the [)arties may agree.

Section Four Be it further enacted; that if any person wish to enter

286 Gilpin County Records

an appeal from the Justices Court, he shall give notice thereof within five days from the day when the verdict or judgment was rendered, either by giving notice in open Court, or by procur- ing the same to be entered upon the docket, and shall perfect his appeal within five days by giving security for the payment of all costs which have accrued, or may accrue in the course of the proceedings on appeal, said security to be approved by the Justice from whom the appeal is taken, and by advancing Jurors fees. The cause shall then be set for trial in five days thereafter.

Section Five.

Be it further enacted; that Jurors may — by direction of the Court — render special verdicts, upon which the Court may enter judgment and issue its decree or order.

Section Six.

Be it further enacted ; that a Juror may l>e challenged for favor or cause sho\Ti by his omi evidence or that of others.

Section Seven.

Be it further enacted ; that in case of a deficiency of Jur- ors— the Constable may summon as many as may be needed to make up the requisite number.

Section Eight.

Be it further enacted : that in all cases the defeated party shall be liable for the costs of the suit.

Section Xine.

Be it further enacted : that from the decision of the Appel- late Court, and the verdict of the Juiy sitting on an appealed case, there shall be no appeal.

Section Ten Be it further enacted : that all executions issuing out of

Lake District 287

the Miners Court- shall be made returnable within twenty days from the date, and the Constable shall note on each execution within the said twenty days, whether satisfied or not, with his proper return thereon endorsed.

Section Eleven.

Be it further enacted: that every summons shall give five days notice, and execution for judgment and costs shall issue within five days from the date of judgment.

Section Twelve

Be it further enacted ; that the President Judge may call a public meeting at any time he may deem the same necessary, by giving forty eight hours notice, said notice to be posted in six places as conspicuous as may be found in the District

Section Thirteen

Be it further enacted ; that — when the parties consent — the Justice may swear them as to the matter in controversy, and decide the case without other witnesses and without a Jury, said decision to be final, the fees of the Justice in such cases to be two dollars.

Section Fourteen

Be it further enacted ; that — when the parties consent — any matter in controversy may be submitted to three Arbitra- tors, one to be chosen by each party, and the third to be selected by the two thus chosen, or by the Justice should they l>o unable to agree. Said arbitrators shall be sworn by the Justice to justly try the case submitted to them, and shall receive instructions from the Justice as to any point of Law which may arise, with- out l:>eing bound to adhere to the strict rules of law. Before thus submitting the case, the parties shall bind themselves in a penalty double the amount in controversy and the costs which may be awarded, to abide by the decision given, witliout further litigation. The fees of said arbitrators to be two dolhirs each, whicli may be demanded before proceeding to (rial.

288 Gilpin County Records

An Act in Relation to Crimes and Nuisances

Sec. 1.

Be it enacted by the citisens of Lake District in Convention assembled that all crimes committed in this District shall be punished as a Jury of twelve men may direct, except in cases where it may seem to the Court advisable to submit the consider- ation of the same to a Miners Meeting regularly called for that express purpose.

Sec. 2.

Be it further enacted that any person who shall cause or commit any nuisance affecting or liable to affect the health of the people of this District — may be prosecuted for the same in the Miners Court in the name of Lake District versus the Deft, and shall be liable to pay damages in a sum not exceeding one hundred dollars and costs of suit. Such sum to be applied to the use of said Lake District.

Sec. 3. Be it further enacted that executions shall issue in all cases under the provisons of this Act in the name of the District.

Sec. 4. Be it further enacted that on receiving information of the existence of any nuisance within the District — liable to affect the public health — the President shall order the immediate abatement thereof and if it shall appear satisfactorily to him that said nuisance has arisen through the act or negligence of any person or persons — he may order such person or persons to remove the same at his or their expense — on penalty of such fine as may seem to him — the said President, adequate. In case the person or persons guilty of such act or negligence — can not be found — the District shall pay the expense attending the abatement of said nuisance.

An Act in Relation to Levy and Sale Upon Execution

Sec 1 Be it enacted by the citisens of Lake District in Convention assembled —

Lake District 289

That there shall be exempted from lew and sale upon exe- cution all tools for mining and mechanical purposes, bedding, clothing, cooking utensils and necessary provisions for three months and in case of a man residing here with his family — one dwelling house not exceeding in value five hundred dollars and such articles of household furniture as are strictly necessary together with a Cow and calf — a bible, family pictures and relics.

Sec. 2.

Be it further enacted — that all property taken in execution shall be posted in three conspicuous places in the District for ten days next preceding the sale thereof and the court may adjourn the said sale at any time when it appear that the prop- erty cannot be sold unless at a great sacrifice for want of bidders.

Sec. 3.

Be it further enacted — that 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 — as recorded in his books and the Court shall pay the same to the proper parties or their attorneys.

Sec. 4.

Be it further enacted — that no levy shall be made upon Real Estate — until return has been made that sufficient personal property cannot be fpund within the District.

Sec. 5. Be it further enacted that in any case of levy upon property — the defendant may transfer said levy to any other property within the District — provided he shall satisfy the Court that said property is unincumbered and is worth twice the amount named in the writ upon which said Levy is made.

An Act Defining Claims and Regulating the Title Thereto

Section 1. Be it enacted by the people of Lake District in Convention

290 Gilpin County Records

assembled: That all mining Lodes of Gold or of any other precious or useful metals and all Gulch or other claims shall be held under and defined by the provisions of this Act.

Section 2. Be it further enacted that the term ''claim" as used in this District shall be construed to mean — when applied to a Lode — One hundred feet running the length of the same : when applied to a Gulch One hundred feet square: when applied to Patch or Placer diggings one hundred feet square : when applied to tun- nelling claims — the entire distance intended to run the same for discovery purposes as shown by record : when applied to Quarts Mill claims — two hundred and fifty feet square: when applied to a Ditch claim the entire distance staked out and to which it is intended to run the same — as shewn by survey and the record when applied to a water claim — the exclusive right to use water for mining or Mill purposes upon any Ditch or stream — not exceeding two hundred and fifty feet: when ap- plied to a farming or Ranche claim One Hundred and Sixty acres : when applied to a building claim forty feet front — by one hundred feet in depth.

Section 3. Be it further enacted that no person shall hold more then one water, building, farming, or Ranche claim — except by pur- chase.

Section 4. Be it further enacted that hereafter all claims within this District shall be held as Real Estate.

' In the other copy this section reads as follows : Be it further en- acted that the term "claim" — as used in this District — shall be construed to mean — when applied to a Lode — One Hundred running the length of the same and Twenty Five feet in width on each side of the Main Crevice: when applied to a Gulch — One Hundred feet Square: when applied to Patch or Placer Diggings — One Hundred feet square: when applied to Tun- nelling claims the entire distance which it is intended to run the same as shewn by survey and the record : when applied to a Water claim — the ex- clusive right to use water for mining or Mill purposes upon any Ditch or stream — not exceeding Two Hundred and Fifty feet: when applied to a farming or Ranch claim — One Hundred and sixty acres: when applied to a building claim Forty feet front, by One Hundred feet in depth.

J

Lake District 291

Section 5.

Be it further enacted that no chiim shall be regarded as valid unless the name of the owner or owners — the direction of the claim, its length — width and the date when made shall be recorded, and when held bv a companv the name of each member shall also be recorded.

Section 6.

Be it further enacted — that when members of a Company consisting of two or more — shall work one claim — the rest shall be considered as worked by putting notice of the same on record.

Section 7.

Be it further enacted that in all cases when parties shall have complied with the laws as far as possible — priority of claim honestly carried out — shall be respected.

Section 8, Be it further enacted that all partnership contracts, or agreements concerning an interest in claims or lands, and all contracts relating thereto — shall be in writing and shall give the names and interests of each of the parties, and in case of a partnership — the firm name — and the same shall be recorded within twenty days after the execution thereof, or said contracts or agreements shall not be regarded as binding upon or affecting anyone except the original parties in any case.

Section 9. Be it further enacted — that all Deeds, Bonds, Contracts, Bills of Sale or instruments of any kind relating to the convey- ance of claims — and lands shall be witnessed by at least two disinterested persons and recorded.

Section 10. Be it further enacted — that when any miners hIkiII hold both a Gulch and Lode Claim — if one be worked the itflicr may be held without working by recording the same,

' This section is omitted in the otiier copy. This section is omitted in the otiier copy.

292 Gilpin County Records

Section 11.

Be it further enacted — that any person owning a Quarts Mill claim upon which he has a Mill or is preparing to erect one — may claim the right to cut a race or ditch from any stream to bring water to said Mill — not interfering with vested rights.

Section 12.

Be it further enacted — that all claims held by virtue of laws heretofore in force shall be regarded as vested property and no person so holding them shall be disturbed in the posses- sion thereof.

Section 13.

Be it further enacted: that when water is claimed for Gulch Mining and Quarts Mill purposes on the same stream — neither shall have more than one half — unless there shall be sufficient for both when priority of claim shall determine their respective rights to the same.

Section 14.

Be it further enacted that if two or more persons wish to use water on the same stream or ravine for Quarts Mill pur- poses— neither shall be entitled to use more than his propor- tional share of water, and in case there should not be sufficient water for all — priority of claim shall determine the right to such water.

Section 15.

Be it further enacted that when water companies are en- gaged in bringing water into a portion of the mines — they shall have the right of way and may pass over any road, claim or ditch — provided the water shall be so guarded as not to inter- fere with any vested rights.

' In the other copy this section reads as follows : Be it further en- acted that when water companies are engaged in bringing water into any portion pf the mines within this District — they shall have the right of way, and may pass over any Road, Claim or Ditch — provided the water shall be so guarded as not to interfere with vested rights and provided adequate compensation is paid to parties damaged thereby.

Lake District 293

Section 16.

Be it further enacted that chiims of every kind except discovery mining claims mnst be recorded unless the same are worked or used according to law.

Section 17.

Be it further enacted that the laws and customs observed in mining regions within the United States — relating to mining under building lots — upon Ranche — farming — and other claims, shall be observed in this District.

Section 18.

Be it further enacted, that if any person shall locate a Tunnel for the purpose of discovery — he shall first file a speci- fication of the same with the Recorder, whose duty it shall be to record the same upon payment of his fees. The said specifica- tion shall definethe place of commencement and the temiination of the Said Tunnel — together with the names of the parties in- terested therein.

Section 19.

Be it further enacted — that any person or persons engaged in working a Tunnel — provided he or they shall comply with the requirements of the law — shall be entitled to Two hundred and, fifty feet on each side of the same — of all Lodes discovered in consequence of the Morking of the Tunnel — and such portions of the Lodes as thej are entitled to in consequence of such dis- covery shall be held by them as discovery claims, provided they do not interfere with vested rights, and if it shall appear that claims on the line of said Tunnel are recorded so that the re- quired number of feet cannot be taken next to the same, they may be taken upon any part thereof not recorded and unworkod.

Section 20.

Be it further enacted — that any person or persons — work- ing a Tunnel provided he or they shall comply with the rcciuire-

294 Gilpin County Records

ments of the law — shall be entitled to the following space of ground for the purpose of depositing Quarts and other rock — vis — one hundred feet in width on each side of the center of the Tunnel at its commencement and one hundred feet in length or so much thereof as may be thus held without interfering with vested rights.

Section 21.

Be it further enacted — that the person or persons engaged in working a Tunnel — shall, after the same is legally located and recorded, have the priority of right to all Lodes discovered on the line thereof, from its mouth to its termination and shall have the right of way through all Lodes which lie in the course of said Tunnel.

Section 22.

Be it further enacted — that other questions not settled by the provisions of this Act — arising out of riparian rights — shall be settled according to the common law rules.

Section 23.

Be it further enacted that any person shall be entitled to hold one Claim on each Lode by preemption.

In the duplicate the words "or dirt" are inserted at this point.

Cooper District

Minutes

At a Meeting of the voters of Silver Creek held at the house of Smith Shannon and Co on the 26th Oct 1861 for the purpose of organizing a new district out of the Xorthwest portion of Silver Lake District, Edward Van Endert was appointed chair- man and J. R. Adams secretary

On Motion the following Boundaries were unanimously adopted. Commencing at the South West corner of Hawk Eye District running West to the summit of the Bald Mountain be- tween Silver Creek and Pine Creek, following the divide North to the line of Independent District, thence East on said line to the Boundary of Hawk Eye District, thence South on said line to the place of beginning.

On motion it was adopted that this shall be hereafter called the Cooper District

On motion it was unanimously adopted that we be governed by the By Laws of Independent District in every particular.

Manuscript found among the Sayre Papers. No other records of the district were found.

List Of Documents, 1859-1861

In The Office Of The County Clerk Of Gilpin County At Central City

Gregory District.

Book A. Record of claims, 1859. Laws of July 16, 1859, J

cover pp. 157-162. A sheet of printed laws was found

in the same volume. Book A 2d. Record of claims, 1859. District laws of

February, 1860, cover pp. 454-473. Book B. Record of claims, 1859. Book B, 2d. Record of claims, 1859. District laws of

February, 1861, cover pp. 163-168. Record C. Record of claims. District laws cover pp.

Book D. Record of claims, 1860-1861. Record E. Record of claims, 1861. Book F. Record of claims, 1861.

Miners' court docket, January 30,1860 — January 15,1861. Miners' court docket, October 12, 1860 — October 14, 1861. Lode book. Index of claims, 2v. Index. District index.

Russell District.

Book of claims, 1859-1860. Lode book, 1859-1860. Index C to records of claims. Book D. Record of claims, 1860. Book E. Record of claims, 1860. Book F. Record of claims, 1860. Book G. Record of claims, 1860. Book H. Record of claims, 1861.

LIST OF DOCUifENTS, 1859-1861 297

Bay State District.

Book B. Laws and resriilation?, July 19, 1850. Record

of mining and ranch claims. Claim book B., 1861.

Eureka District.

Book A. Record of preemptions, July 21 — December 19,

1859, and record of sales. Book B. Constitution of 1859 and claim record. Book C. Record of claims, 1860. Book D. Record of claims and attachments issued by

the miners' court, 1860. Book E. Record of claims, 1861. Index book.

Index of books B and D.

Laws, minutes, and election returns, 1860-1861. Court docket, January 7, 1860 — January 2, 1861.

Pleasant Valley Number 10 District.

Lode book.

Laws of 1859, minutes, and records of claims. Unbound

but held together by a leather cover. Record of claims, 1859-1861. Claim index, 1860-1861.

Quartz Valley District.

Book A. Record of claims, 1860. Book B. Record of claims, 1860. Index to book A. Index.

Nevada District.

Record of preemptions, 1859. Book A. Record of claims, 1859. Book B. Record of claims, 1860. Book C. Record of claims, 1860. Book D. Record of claims, 1860. Book E. Record of claims, 1861. Book F. Record of transfers, 1861. Lode book.

298 Gilpin County Records

NEVADA DISTRICT — contiiiued. General index, 2v. Index of transfers.

Wisconsin District.

Record of claims, 1860. District laws of 1860 and min- utes of miners' meetings cover pp. 1-5, and pp. 462-

Laws and minutes of x\ugust, 1860. Record of mining and ranch claims.

Laws of December, 1860, and minutes of miners' meetings, 1860-186L

Record of claims, 1860.

Lode book.

Climax District.

For organization of the district, see Wisconsin District, Book C, pp. 1-6.

Central District.

Book A. Record of claims, 1860-1861.

Book No. 1. Bills of sales, transfers, etc., 1860-1861.

Index of lodes.

Independent District.

Book labeled Wisconsin District ISTo. 1, contains Independ- ent District, Record of claims, 1860, and minutes of miners' meetings.

Lode book, 1860.

Lode book, 1861.

Book B. Mining claims and sales, 1861.

Book C. Mining claim sales, 1862.

Book D. Record of claims, 1861-1862.

Record of preemptions and conveyances, 1860, for Central and Independent districts.

Records of preemptions, 1861. 2v.

Court Docket, 1861.

List Of Documents. 1859-1861 209

Fairfield District,

Journal of the meetiTigs of the citizens, 1800-1801. This contains the hnvs and minutes. The journal is un- bound and filed with the Gregory District records.

Record of claims, 1861.

Illinois Central District.

Book 2. Record of sales of claims, 1860-1861. Book 3. Record of sales of claims, 1860-1861. Book 1. Record of sales of claims, 1861. A nnitilatod

sheet of articles of the miners' law was found in the

volume. Book 4. Records of meeting's of citizens of lissouri City,

Burtonville, and Fall River City and map of Bortons-

burgh. Lode books. 2v. Index to deeds. General index.

Hawk Eye District.

Book A. Record of claims, 1860-1861. Resolutions and

laws cover pp. 21-25. Resolutions and laws of July, 1860. Also record of claims.

Unbound sheets. Laws of 1861. Lode book, 1860.

Book B. Record of claims, 1861. District index.

South Boulder District.

Records of claims. Page 3 contains minutes of iiiincrs'

meetings, 1860. Revised laws, March, 1861. Two mutilated j)ag('s of the

laws of the district were found among SiKcr Lake

District, Laws of 1861. Book A. Lode and gulch claims, 1860. Book B, Claims and transfers, 1861. Title book, May, 1861. Index.

300 Gilpin County Records

Silver Lake District.

Laws, January-September, 1861. Eecord of claims.

Book A. Claims, 1861.

Index.

Spring Gulch District.

Book A. Record of building lots and mining claims.

Map of Springfield City. Lode book, 1860. Book B. Record of claims. Index. See Central City District.

Lake District.

Book B. Record of claims, 1860.

Book B. Record of mining claims and town lots.

Book B. Missouri Gulch, record of claims.

Book C. Record of conveyances, powers of attorney, etc.

Minutes of miners' meetings, 1861, cover pp. la-8. Record of mortgages, deeds, etc., 1861. Index to book 1. Book 1 was not found. Index to lode claims.

Union District.

Book of claims and deeds, 1860.

Enterprise District.

Book B. Record of claims, deeds, etc., and oaths of

office, 1860. Lode book, 1860-1861. Book A. Record of claims, 1861. Book C. Records of claims, 1861. Index to book C.

Phoenix District.

Record of mining, mill, and water claims, 1860-1861. Lode book, 1860-1861.

Central City District.

Book A. Claim book, 1861.

Spring Gulch District index, pp. 50-62, contains records of Central City District lode claims. Phoenix was sometimes spelled Phaenix.

List Of Documents, 1859-1861 301

Kansas District.

Book of claims, 1861. This district was annexed to Silver Lake District.

Mountain House District.

Book of claims and sales, 1861.

Index

Adams, J. R., 295.

Addis, John, 123.

Administrator, 35, 274.

Affidavits. 28-29, 58, 134. 168.

Ainslee, George, 43, 45.

Akin, R., 153.

Alexander, J. H., 96, 97.

Allen, Charles, 73, 274.

Allom, I. F.. 143.

Allyn, Mark, 268, 270.

Anderson. John C, 43.

Andree, E. W., 173.

Andrews, Ira, 153.

Appeals, 61, 76, 87-88, 150, 164-165, 168, 182, 219, 224-225, 227, 252, 278, 286.

Appellate Court, 135, 137.

Arapahoe County, Kansas, p. XIII.

Arbitrators, 70, "82, 83, 84-85, 86-87, 88, 93, 96, 101-102, 280, 287.

Arkansas River mines, p. XII.

Arkansas River route, p. XI.

Arndt, J. Wallace, 153, 154.

Arson, 63, 194-195, 245.

Attachments. 29, 59, 88, 163, 239, 252, 283-284.

Attorneys, 24, 28, 31, 56, 58, 61, 105, 185, 252. See La\vyers.

Auctions, 91, 94.

Auraria, p. XI; dispute with min- ers, 16-18, 51-52.

Babcock, C. 171, 173.

Babcock. Joseph. 166.

Backus, W. H., 230.

Backus' Mill, 144.

Baker, William M., 53.

Bald Mountain, 1.S0. 295.

Banishment, 229, 245.

Barns, O. F., 271, 272, 273, 276, 277.

Bams, Orsamas. 273, 274, 275.

Bartlett, E. G., 109, 146, 148, 149,

Bates, William H., 19, 43, 46.

Bates and Company, 6.

Bay State District, laws, resolu- tions, and minutes, 69-77.

Bearce, Horatio B., 41, 135.

BeelK?. T. Dwifjht. 97.

Belden, L.. 47.

Bell, J. W., 97.

Bell, W., 96.

Bennet, John, 276.

Bennet, W. H., 273.

Berry, Charles, 96, 99.

Berry, H., 85. 96.

Beverly, J., 123.

Bibbins. X. E.. 273.

Bills of sale, 13, 21.

Bissell, Dr. C. R., 16, 36, 43.

Bissell, E. G., 4(i.

Black Hawk Milling Company, 41; vs. The Consolidated Ditch Com- pany. 43-45.

Black' Hawk Point, 36.

Blair, A. H., 117, 118.

Blair, W. T., 79.

Blaisdell (Blaizdell), P. D., 264,

Blue River mines, p. XII.

Bolan, M. J., 150.

Bond, Judge, 137.

Bonds, 21, 38. 63-64, 83, 103, 112, 150, 167, 168, 200, 212. 215, 220 228, 261, 275.

Bonesteel, J. P., 96.

Borton, L. W., 225.

Borton, S. W., 209.

Boulder, first settlers, p. XI.

Boulder Gulch, 149.

Boundaries, Gregory District. 11, 19, 46; Russell District, 4S. 53, 64- 65; Bay State District, 69; Eu- reka District, 78. 97, 9H, 101-102; Quartz Valley District. 121; Ne- vada District. 124. 131-132, 136, 137; Wisconsin District. 146-147, 155; Climax District, 171; inde- pendent District, 177. 180, 195; Fairfield District, 197: liliiiois Central District, 209-210: Hiiwk Eve District, 246; South Boulder District, 247-248; Silver Lake Dis- trict, 262.

Bowers, L. G., 175.

Gilpin County Records

Bowles (Bowls), J. W., 123, 128,

129, 138, 141. Boyd, A. J., 96. Bridges, 205. Briscoe, R. M., 151. Brisee, R. M., 179. Brizee, George Watson, 16, 17, 19,

36, 46, 47, 54, 78, 101. Brown, S., 166. Brown and Company, 6. Buckmiller, A. E., 43. Bugby, 0. C, 96. Bundy, J. M., 272, 274. Burget, Hiram, 206. Burrell, James. 94, 97. Burroughs, Alfred, 99. Burroughs, B., 123, 126. Burroughs and Company, 122, 123. Butchers, 133. Byers and Company, 268.

Cadwell, William H., 263, 265, 266.

Capuchin, Gov. of New Mexico, sends explorers to the San Juan coun- try, p. VII.

Card, Stephen V., 153, 168.

Carey, Theodore, 74.

Carey, William F., 75, 76.

Carleton, Thomas, 43.

Castello, James, 138.

Casto, Dr. Joseph, 4, 10.

Casto, Kendall, and Company, 6, 7.

Cattle, 133, 142, 149.

Central City District, 142.

Central District, minutes of May 15, 1860, p. 175; news item from Lump Gulch, 175-176.

Challenges, 252.

Change of venue, 39-40, 105, 114, 125, 129.

Chapezes' cattle yard, 142.

Chase, B. F., 19, 51, 52, 110.

Chase's Gulch, 36.

Citizenship, see Suffrage.

Civil actions, 57-60.

Claim jumping, 34, 86, 122, 127, 151, 228, 232, 274.

Claims, Gregory District, 11, 12, 13, 14, 20-23, 34-35, 36-37; Russell District, 48-49, 50, 51, 58, 65-67; Bay State District, 69-70, 71, 72, 73, 75; Eureka District. 80. 85, 86, 90, 94, 98, 100-103, 104, 107; Pleasant Valley Number 10 Dis- trict, 108-109, 111, 113, 115-116,

117, 120; Nevada District, 122, 126, 127, 128, 129, 130-131, 132- 133; Wisconsin District, 147-148, 149, 150, 152, 154, 156-159, 166- 167; Climax District, 172; Cen- tral District, 175; Independent District, 178, 179, 186-187, 190- 192, 193-194; Fairfield District, 198-199, 200, 203, 206; Illinois Central District, 210-214, 219- 220, 223, 226, 227, 228, 229; Hawk Eye District, 230, 231-232, 237, 241-243, 245; South Boulder Dis- trict, 247, 256-260, 261; Silver Lake District, 263, 264-265, 266; Lake District, 274, 289-294.

Clarke, J. P., 99.

Clayton's Mill, 144.

Clements, A. H., 39.

Clements, C. B., 46.

Clerk of the court, 24, 25, 27, 56, 57, 60, 104, 161. 203-204.

Climax District, petition to be an- nexed to Wisconsin District, 155; minutes and laws of 1860, pp. 171-

Coats, William W., 143.

Cobb, Frank M., 109, 111.

Cobb, M. D., 85.

Cochran, John, 52.

Cockrell, James, leads prospectors to Raton Mountains, p. VIII.

Colly, S. G., 271, 272, 273, 274, 278.

Colman, King, and Company, 6.

Colorado City, first settlers, p. XL

C. O. C. and P. P. Express Com- pany, 97.

Colver, J. W., 46.

Commissioners, 28, 162, 283.

Complaints, 57, 161, 181, 217.

Conant, W. L., 173.

Connor, T., 273.

Consolidated Ditch Company, 41-42, 129-130, 134.

Constable, Russell District, 54, 55, 57, 62; Eureka District. 80, 81, 82, 88, 96 ; Pleasant Valley Num- ber 10 District. Ill, 112; Wiscon- sin District, 150, 151 ; Climax Dis- trict, 171, 172, 173; Illinois Cen- tral District, 214, 215, 220-221, 227; Quincy District, 271, 278.

Contempt of court, 33, 56, 106, 136, 216, 281.

Index

Contracts. 21, 30, 59-60, 164, 200, 211-212, 285.

Conveyance, 13, 258.

Cook, William, 74.

Cooper, H., 262.

Cooper District, minutes, 205.

Copeland, D. F., 263.

Copeland, S., 206.

Costs. 60, 61, 164, 286.

Courthouse, 107.

Court of appeals, 60.

Courtright, R., 115.

Courts, Gregory District, 24-30; Russell District, 55-61 ; Eureka District, 80, 92, 103-105; Pleasant Vallev Number 10 District, 111; Nevada District, 134, 136; Wis- consin District, 148. 149, 150, 160; Independent District, 181- 183; Illinois Central District, 215- 223, 225, 226, 227; Hawk Eye District, 234-237; South Boulder District, 248-253; Lake District, 278, 281-288.

Cowan, R. R., 51, 52.

Cowenhoven, H. P., 43.

Craig, Samuel T., 71.

Craine, Dr. A. A., 47.

Cree, John, 85, 89, 94, 96.

Crimes, 32-33, 37-38, 56, 62-64, 106, 160, 169, 194, 223, 226, 228-229, 245, 248, 254-255, 288.

Crippin, I., 273.

Crow, H., 96.

Crummel, R., 76.

Cummings, John, 197.

Cumniings, Samuel, 201.

Cuningham, T. H., 273.

Daggett, John F., 86, 89, 90, 91, 92.

Dale, M. H., 122, 124.

Dancing, 135.

Darlington, R. D., 123. 124, 125, 120, 127, 128, 129, 130, 131, 132, 134, 135, 139, 141, 144, 145.

Davis, Joseph, 80.

Deadwood District, 247.

Dean, J. B., 85.

Dean, R. C, 97.

Debts, 30, 59, 164, 185, 238, 249,

Deeds, 21. 66, 148, 200, 212, 2.58.

Defrees, Wilk, 10.

Defrees and Company, 6.

Defrees and Ziegler Indiana Compa- nies, 7.

Demurrers, 27. 57-58. 161-162. 217,

Denver, founded, p. XI ; dispute with miners, 16-18. 51-52.

Depositions. 28, 58, 162. 251.

Deputies. 25, 180, 183-184, 236.

Dewev. J. W., 202, 204, 205.

Dick.' John. 273.

Dillon, William, 209.

Disputes, settlement of. Gregory District. 12: Russell District. 49*; Bay State District, 70. 73, 74. 76; Eureka District. 84-85; 87-88; 94-95. 104; Pleasant Vallev Num- ber 10 District, 109. Ill; Wiscon- sin District. 148. 151-152, 159; Hawk Eye District, 232; Silver Lake District, 264; Lake District, 276, 277.

Districts, p. XIV; Gregory, 1-47: Enterprise, 146; Russell', 48-68; Bay State, 69-77; Eureka, 78- 107; Pleasant Vallev Number 10, 108-120; Quartz Valley. 121; Ne- vada, 122-145; Central City. 142; Wisconsin. 146-170; White Quail. 149-150; Independence, 151-1.')2: Climax, 171-174; Central, 175- 176; Independent. 177-196; Fair- field, 197-208: Illinois Central, 209-229; Hawk Eye, 2.30-246; Phoenix, 247 ; Deadwood, 247 ; South Boulder, 247-261 ; Silver Lake, 262-266; Kansas, 265; Spring Gulch, 267-270; Quincy, 271; Lake, 271-294; Cooper. 295; Mountain House, 301.

Ditches, 22. 64, 67, 113-114. 129-130, 134. (S'ce Water rights.

Dittes, Ben.. 118. 119. 120.

Dodge, Col. Henry, expedition to the Rocky Mountains, p. VIII.

Doe and Cf>inpany' Mill, 91.

Doggerty. Thomas, 54.

Douglas. William. 71.

Diak.-. L.. 272.

l)ii?in, B. K., 177.

Dimsliee, A. F., 115. 116.

Duiistan, John H. H.. 175.

Dnnston, 'lliomaH, 175.

Eagle Ciil.li. 11(1.

Gilpin County Records

Ebi, D., 100.

Edwards, A. J., 127.

Edwards, H. C, 46.

Ejectment, 188-189, 240-241.

Elections, Gregory District, 12-13 ; Eureka District, 81, 85-86, 92, 9.5- 97, 99; Pleasant Valley Number 10 District, 111; Nevada District, 122, 126-127, 135, 137, 138, 139, 141; Wisconsin District, 150, 151, 153, 159, 166, 167, 168, 169, 170; Climax District, 171-172; Inde- pendent District, 179, 180-181, 183; Fairfield District, 201, 202, 206, 207 ; Illinois Central District,

215, 224; Hawk Eye District, 233, 236; Silver Lake District. 262,

Elkhorn Gulch, 118.

Elmore, John, 84.

Elwick, William, 73.

Ely, C. L., 143.

Emmerson (Emerson), W.. 197, 200.

202, 203. Empire, 139. Engineer, 142, 143. Enterprise District, incorporated

with Gregory District, 46. Equity jurisdiction. 27-28. 31, 56,

58. 104. 133. 160-161, 162, 165,

216. 253-254, 281.

Errick Gulch, 146, 149, 168-169. Eureka District, first resolutions,

78; minutes of 1860 and 1861, pp.

78-101; laws of May 9, 1860, pp.

Eureka Gulch road, 80, 82. Eureka mill, 144. Eureka Quartz Crushing Company,

97 99. Evidence. 28, 58, 93. 162. 218-219,

Executions, 31. 33, 38-39, 61-62, 63,

88, 112, 184, 221, 223, 236-237,

253, 286-287, 288-289. Exemptions, 105-106, 254, 289.

Fairchild, P. J., 265, 266. Fairfield District, minutes and laws,

Fairplay mines, p. XII. Fassett, C. S., 68. February Gulch, 146.

Fees, 14, 30, 55, 60, 80, 87, 92, 94, 103, 112, 124, 150, 156, 166, 172- 173, 178,, 183, 192-193, 215, 221, 222-223, 225, 226, 228, 231, 236, 244, 250-251, 279-280.

Fines, 33, 38, 56, 106, 228, 281.

Fisher, Isaac K., 76.

Fisk, C. W., 43.

Fitts, E. B., 177.

Fitzpatrick, J. B., 99, 100.

Flarey, William, 73.

Fleming, Death, 277.

Floyd, N., 273.

Foote and Simmons Company, 6.

Ford, Anson, 118, 119, 120.

Ford, Jesse, 85.

Foreclosure, 28, 58, 92, 218, 283.

Fonts, William, 7.

Fowler, P. Q. A., 81, 99.

Freas, L. M., 78.

French penetration to Santa Fe, p.

Fries, John, 78.

Fries. J. W., 123, 124.

Fry, T., 85.

Fur traders, p. VIII.

Gamble Gulch, 180, 195, 246, 247.

Gambling, 84, 125, 136, 172, 176,

Garnishee process, 29. 59, 163, 187, 219, 239-240, 252, 284.

Gates, C. A., 273.

Gault, E. M., 209.

(Settings, Thomas. 96.

Gibbs, L., 169.

Giddings, Thomas C, 124, 127, 132.

Gilpin, Gov. William, early trips to the Rocky Mountains, p. IX.

Glazier, H. E., 117, 118.

Gold, early discoveries of. in Colo- rado, pp. VII-IX; rush of 1859, pp. IX-XII.

Gold Dirt, 195.

Gold Dirt lode, 176.

Golden City, 18.

Gold Hill strike, p. XII.

Gold Mountain, 209.

Gold Run, 209.

Good Templars, 143.

Goodwin, George H., 79, 80, 101.

Gorsline, W. R., 96.

Graham, Harvey L., 74, 75, 77.

Graham, Hiram J., delegate to Con- gress, p. XIII.

Graves, W. P., 148, 149.

Index

Gray, W. H., 262.

Greeley. Horace, speech to the Greg- ory District miners, 1-3; report on Gregory District mines, 4-10.

Gregory, John H., gold strike near Central Citv, p. XII; sketch of,

Gregory District, mass meeting of June 8, 1859, pp. 1-4; report of Horace Greeley, A. D. Richardson, and Henry Villard regarding mines, 4-10; first laws, 10-12; laws of July 16, 1859, pp. 12-15; meeting of October 29, 1859, pp. 16-18; laws of February 18 and 20, 1860, pp. 18-33: meeting of May 25, 1860, pp. 34-36; an elec- tion, 36; laws of February, 1861, pp. 36-40; mass meeting of April 20, 18/61, pp. 40-42; miners' meet- ing of April 22, 1861, pp. 42-45; law of June 3, 1861, p. 46; pri- mary meeting of July 18, 1861, pp. 46-47 ; secession of Eureka District, 78; laws adopted by Eu- reka District, 103; portions of laws adopted by Independent Dis- trict, 178-179.

Gregory Point, 196.

Griffith, William W., 264, 265.

Grumes, B., 273.

Guest, G. S., 273.

Guest, S. F., 273.

Guild, A. E., 143, 144, 262.

Hagus, C, 273.

Haine, J. E., 273.

Haines. David, 73.

Hale, J. A., 43.

Hall, Capt. J. F., 119. 120, 273.

Haman House, 36, 137.

Hambel, J. R., 96.

Hambleton, I. W., 41, 42.

Hamilton, J. W., 1.32.

Hamilton, Louis, 99, 100. 101.

Hammit (Hammitt), Hiram, 177,

Hammond, E. P., 166, 168. Hannan, J. P., 202, 206. Harper, J. R., 81. Harriman, G. W., 96, 98, 99, 100. Hart, G. W., 128, 129. Haskell, N. D., 90, 99, 100. 101. Haskins, J. A., 96. Hawk and Nuckolls, 136.

Hawk Eye District, laws and min- utes of 1860, pp. 230-24(i: laws adopted by Silver Ijike District, 2(i5-2(!6.

Hawkins. G. W.. 154.

Haymer. R. W., 273.

HaVward. R. H., 272. 273, 274, 275, 27(1, 277. 278.

Heffenor. T. L., 177.

Heimer, J., 273.

Henderson, E. W.. 89. 92. 93. 96.

Hendrickson. W. P.. 171.

Henry. J. P., 268.

Hickman, E. A., 84, 89.

Highways, see Roads.

Hinse, John H.. 81.

Hodge, M. E., 273.

Hollev, E., 96.

Hoover. C. J., 79, 81.

Hopkins. G. G., 118.

Horse thieves, 17(i.

Houses of prostitution, 125, 195.

Howard, F., 110. 116, 117, 118.

Howard, H. R., 153.

Howe, F. Y.. 121.

Hubard, M.. 273.

Hucv, M. G., 168.

Hull, J. W., 179.

Hunter, B. F., 179.

Hunter, R., 202.

Hunter, Thomas, 47.

Huntington, .John, 73.

Hurlbut, William H., 121.

Idaho Springs gold strike, p. XII.

Illinois Central District, laws, 200- 225 : amendments, 225-227 ; pro- posed laws, 228-229.

Illinois Gulcli, 209.

Impeachment, 25(i.

Independence District, attached to Wisconsin District, 151-152.

Independent District, minutes, 177- 179; laws of February 15, lS(il, pp. 179-196; laws of, adopted by Cooper District. 295.

Injunctions, 42, 56. 88, 281.

InU-rest, 98.

Iowa Mountain, 230.

.Jackson, George A., ;.'(il<i sfiike near

Idaho Spriii;:, |i. X I I. .Jacobs, Mans, 27<l. .lames, Edwin, 51, 52. .lameson. 175. Jaiincv. I.. Uiti, 1(17.

Gilpin County Records

Jefferson Canyon, 247.

Jefferson Territory, see Territory of Jefferson.

Johnson, H. A., 132,

Jones, G. J., 179.

Jones, John, 126, 127, 128, 132.

Jones, S. G., and Company, 7.

Jones and Russell, freighters, 2 ; see also Leavenworth and Pike's Peak Express Company.

Judge of the Miners' Court, Greg- ory District, 24, 25, 26, 27, 33, 38, 40; Russell District, 54, 55, 56, 57, 60-61, 63, 64; Bay State Dis- trict, 76. 77; Eureka District, 79, 82, 85, 87, 88, 92, 93, 95, 96, 103, 104, 106; Pleasant Valley Num- ber 10 District, 108, 110, 111, 112; Nevada District, 134, 138, 139, 141; Wisconsin District, 155, 160; Independent District, 178, 181- 184, 186, 187, 188, 189; Fairfield District, 203, 206 ; Illinois Central District, 214, 215-223, 224, 225, 228 ; Hawk Eye District, 234-237 ; South Boulder District, 248-249; Spring Gulch District. 267, 268, 269; Silver Lake District, 262, 264; Lake District, 278, 281, 287.

Juries, Gregory District, 12, 14, 25, 30-31, 32, 40; Russell District, 49, 57, 60, 61; Bay State District, 77; Eureka District, 80, 88, J04, 105 ; Pleasant Valley Number 10 District, 109, 111-112; Wisconsin District, 148, 150, 164, 165; Inde- pendent District, 182; Illinois Central District, 216-217, 220, 223. 225, 228,; Hawk Eye District, 234-237, 244, 246; South Boulder District, 250, 251, 252, 254, 256; Lake District. 285-286, 287, 288.

Justice of the Peace, Gregory Dis- trict, 13, 14; Eureka District, 83, 87 ; Pleasant Valley Number 10 District, 111, 112, 117, 119, 120; Nevada District, 124, 125; Wis- consin District, 168, 169; Illinois Central District, 225 ; South Boul- der District, 248, 249-250, 261; Quincy District, 271, 272, 278, 280, 281.

Kansas District, annexed to Silver Lake District, 265.

Kehler and Patten, 16.

Kehler's Point, 36.

Kenosha mill, 143.

Kerr, J. A., 264, 265.

King, George W., 154, 166, 168.

King, John, 121.

Kinsey, Thomas, 202.

LaCrosse mill, 143.

Lake District, secession of Hawk Eye District, 230; minutes, 271- 278; revised laws, 278-294.

Lake Gulch, 209.

Lancton, D. S., 273.

Lane, John, 171, 173.

Langlands, John, 274.

Langrishe'a theatrical troupe, 144.

Larceny, see Theft.

Lasley, J. B., 75.

Lawler, John, 273.

Lawrence, William, 202, 207.

Lawrence Party, pp. X-XI.

Lawyers, see Attorneys.

Leavenworth, Capt., 140.

Leavenworth and Pike's Peak Ex- press Company, 4. See Jones and Russell.

Leavenworth Gulch, 209.

Leavitt, Dr. E. S., 43.

Leavonworth, J. H., 81, 93, 96, 97,

Le Fevre, George, 97, 98.

Leversee, D. J., 139, 141.

Levis, 0. S., 47.

Levy before execution, 31-32.

Levy upon execution, 38-39, 61-62,

Liens, 28, 58, 95, 184, 189, 218, 225, 236-237, 241, 258-259, 283.

Lindsey, Robert C, 271.

Link, S., 127.

Link, S. M., 125, 127, 128. .

Long's Peak, 177.

Lost Creek, 247.

Lump Gulch, 175-176, 246.

Lynn, E. A., 262.

Lyon, Pullman, and Company, 142,

McCabe, Dr. J. W., 122, 123. McCaley, R. B., 273. McColmer, J. C, 273. McCook, E. M., 132. McCraw, D. H., 73. Mclntire, 52. McKaskall, A., 118, 119, 120.

Index

McKeen, M. M., 143.

McLean, Col. Samuel, IG, 17, 39, 43,

McLeod, A., 175.

Mailys, John, 274.

Mally, J., 273.

Mammoth Gulch, 177.

Mammoth City Road Company, 154.

Mann, Dr., 129, 131, 132, 136.

Marion, Charles P., 142, 143.

Marsh, A., 225.

Marshall, A., 120.

Mason, Andrew, 137.

Mason, Benjamin, 36, 39.

Masonic Order, 137.

Medbury, J. VV., 207, 208.

Mercer's Gulch, 197.

Merithew, William, 84, 85, 86.

Merrithew, L., 81.

Miller, A., 276.

Miller, Isaac, 179.

Miller and Wise's mill, 91.

Mill Owners' Association, 134-135.

Mills, see Claims.

Missouri City, 209, 225.

Missouri Flats, 268.

Missouri Gulch, 197, 230, 246.

Mitchell, J. F., 78, 101.

Mixed actions, 30, 57-60, 164, 285.

Monell, John J., 270.

Monroe, A. J., 109, 110.

Montana County, 3.

Montana Town Company, p. XT.

Montgomery, R. H.. 110, 115. 116.

Moody, E. L., 153, 154, 171, 173, 174.

Moon' Gulch, 180, 247.

Moore, John I., 80. 81, 86.

Moore, Mark A., 51, 52, 209, 225.

Moore, Morris, and Hunter Com- pany, 201.

Morgan, W. H., 271.

Morris, John. 47.

Morrison, Robert D., 273.

Morse, Harley B., 85, 86, 132.

Mortgages, 28, 58, 92, 133, 156, 218,

Morton. Tra H.. 41. 124, 125, 126, 127, 128, 1.35, 142, 144, 145.

Mountaineer, The, 142, 143-144.

Muer, J. W., 273.

Muir, William Train, 139, 141, 143,

Murder, 194, 228. 245, Crimes.

Myers, J. H., 268.

256. See

Nagle, E.. 201, 202. 206, 207, 208.

Nebraska, jurisdiction in tin* Pike's Peak Country, pp. XII-XIII.

Nevada District, minutes, .Tanuarv 21-Septeniber 28. 1860, pp, 122- 134: news items. 134-145; dispute with Spring Gulch District. 267-

Nevada Ditch Company, 205.

Nevada Gulch. 44.

Newcoiner, C. 132.

Newell, William T., 201.

Newman (Newnam), E. R., 154, 155, 166. 168, 169, 171. 174.

Newnam, Jacob. 276-277.

Newton, Boyd, 80.

New trials, 29. .59. 220. 252. 284.

Nichleson. William, 276.

Notices, 33. 62. 64. 74-75, 88. 149,

165, 183. 205. 210. 253. Nuisances, .32-33. 37-38. 62-64. 72.

84. 106, 114, 125, 1.33. 149. 19.5, 204-205, 223, 246, 248, 288.

Oaths. 31. 61. 87. 110. ISO. 207. 2.35. 249, 261.

Officers. Gregory District. 12-13. 14. 16. 25-26. .36.".39; Russell Distnit, 49, 54-55, 68; Bay State District, 70-71, 73. 74, 75, '77: Eureka Dis- trict, 79, 80, 81, 82-83. 86-87. 88. 92, 96. 99. 100, 103. 106; Pleasant Valley Number 10 District. 108, 109, 110, 111, 112, 117, 118, 119. 120. 121; Nevada District. 122, 124. 126. 1.34. 138, 139. 141; Wis- consin District, 14(i, 147. 148. 149. 1.50, 151, 153, 155. 158. 1.59, 160.

166. 167, 168. 169. 170; Climax District. 171-172, 173. 174; Cen- tral District, 175; Independent District. 177. 178179, 180-181; Fairfield District. 201. 202. 203, 206; iilinois Central District, 213- 215, 224, 225, 226, 22H; Hawk Eve District. 230, 231, 232. 233. 234- 239. 244; Soiifh Hoiildcr District, 248-252. 261; Silv<-r Lake District, 262. 263, 264; Spring (Julch Dis- trict, 267; (lincy District. 271; Lake District. 271. 272. 278-279.

Gilpin County Records

Osborn, S. H., 262.

Osborn, William B., 179, 196.

Otis, Harrison Gray, 101, 140, 268.

Otis's store, 78, 80, 81.

Palmer, William, 273.

Panic of 1857, p. IX.

Park, William, 79, 80, 81.

Parker's mill, 142.

Parmelee, D. S., 36, 39, 43, 46, 47.

Parsons, A, N., 69.

Partnership, 21, 71, 113, 157. 211-

Peck, Charles, 13.

Peck, H. N., 96.

Perjury, 194, 245.

Peters, Eaward P., 40. 42.

Petitions, 27, 64, 148, 161, 217-218.

Phelps, William J., 175.

Phenney, H. A., 117, 118.

Phoenix District, 247.

Pine Creek, 295.

Place, J. T., 53.

Platte River route, p. XI.

Pleas, 27, .58, 161, 162.

Pleasant Valley Number 10 Dis- trict, laws and minutes of Sep- tember 3, 1859, pp. 108-109; laws and minutes of May 19, 1860, pp. 109-115; laws regardintj lode claims and quartz mill sites, 115- 117; laws regarding farming claims, 117-118; minutes, 118-120.

Pollock, Judge, 201, 202, 207.

Pony Express, 144.

Population, p. XII.

Post, Charles C, 35. 39, 43, 45, 47.

President, Gregory District, 12, 13. 14, 16, 25, 33, 34, 38, 40; Russell District, 54. 55, 56, 60-61, 64; Bay State District, 70, 71, 74. 75. 76; Eureka District, 79, 85, 86. 87. 88, 92, 96, 97, 99, 100, 103; Pleasant Valley Number 10 District, 108, 109, ill, 114; Quartz Valley Dis- trict, 121; Nevada District, 122, 124, 126, 128. 129, 131, 134, 139, 141; Wisconsin District, 146, 147, 148, 149, 150, 153, 155. 156, 159, 166, 167, 168, 169; Climax Dis- trict, 171, 172, 173; Central Dis- trict, 175 ; Independent District. 177, 178, 179, 180, 181, ia5, 189. 195; Fairfield District, 201. 202- 203, 207 ; Illinois Central District,

214, 228; Hawk Eye District, 233, 234-237; South Boulder District, 248, 249, 250, 261; Silver Lake District, 262; Quincy District, 271: Lake District, 271, 272, 278,

Prichard, J. L., 138.

Probate, 35, 64, 103, 184-185, 237.

Proctor, J., 273.

Prosser, T. T., 16, 18.

Prosser Gulch road, 80, 81, 82.

Prostitution, 125, 195.

Pueblo, early settlers, p. XI.

Pursley, James, discovery of gold, pp. VII-VIII.

Pusey, Thomas, 273.

Pusey, W. P., 273.

Putlack, Samuel, 277.

Putlack, W., 276.

Quartz Hill, 209.

Quartz Mountain, 129.

Quartz Valley District, m i n e r s'

meeting, 121. Quartz Valley road. 82. Quincy District, unites with Lake

District, 271. Quincy and Chicago mill, 139.

Races, 22, 212.

Ramsen, J. E., 273.

Rank, John M., 273.

Rankin, Dr. B. P., 40, 42.

Recorder, Gregory District, 12, 13, 14, 25, 26, 38 ; Russell District. 54, 55, 60-61, 63, 66-67; Bay State District, 70-71, 72, 74. '75. 77; Eureka District, 79, 92, 93. 94, 96, 99, 103; Pleasant Valley Number 10 District, 108, 111,' 117-118; Quartz Valley District, 121; Ne- vada District. 122, 123, 125, 131, 138, 1.39. 141; Wisconsin District, 150. 151, 153, 155, 156, 159, 166, 168. 169, 170; Climax District, 171. 172, 173, 174; Central Dis- trict, 175; Independent District, 177, 178, 179, 180, 183, 185-186, 189; Fairfield District, 201, 202, 207; Illinois Central District, 213, 214. 215, 226; Hawk Eye District, 230-231, 232, 233, 238-239; South Boulder District, 2.50, 251, 261; Silver Lake District, 262, 263, 264; Lake District, 272, 278, 279.

Index

Reed, Samuel, 209.

Referees, 12, 183, 280. Sec Arbitra- tors.

Remine, John W., 145.

Replevin, 29, 59, 1(53, 187-188, 240,

Reynolds, W. T., 76.

Richardson, A. D., speech to the Gregory District miners. 3-4; re- port on Gregory District mines,

Richardson, David J., 71.

Ring, George W., 155.

Ripley, David, 179, 196.

Rivera, Juan Maria, expedition to the San Juan coimtry. p. VII.

Road commissioners. 143, 203-204.

Roads. 81-82, 84. 127, 143. 1.54, 169, 189-190. 195-196. 203-204, 205. 208, 223, 241, 260-261.

Road supervisors, 84, 170, 203-204.

Roberts, C. A.. 13, 15.

Roberts, John M.. 201, 202.

Robinson, L. L.. 149, 1,50.

Robinson and Wright's tent, 146.

Rockhill, Thomas, 1.50.

Rocky Mountain Xevs, 145, 175,

Rogers, E. H., 53.

Rollins, John Q. A., and Company,

Rolph, Edward, 117, 118.

Root, M. H., 274, 275.

Rouschmaver, L.. 166.

Rowen, J." B., 100.

Rublee, F. M., 137.

Russell, J. W., 46.

Russell, William Green, leads Geor- gians and Cherokees to Colorado, p. X.

Russell District, laws of Juno 18, 18.50, pp. 48-49; laws of August 9, 1859, pj). 49-50; resolutions of Oc- tober 8, 18.59, p. .50; resolutions of Marcli 24, 1800, p. 51; mass meeting in Russell Gulch, 51 -.52; laws of Julv 28, lS(iO, j)[). .53-(iS.

Russell Gulch', 45, 209.

Sage, Rufus B., 8ojo\irn in the Rocky Mountains, pp. VIII IX.

St. Charles Company, p. XI.

St. Vrain, Altona, Boulder Mines, Gregory, and Middle Park Wagon Road Company, 208.

Sales. 31-32. 38.39. 61-62. 105-106, 170, 184, 200, 227, 238-239. 2.53.

Saloons, 84, 12.5. 139, 143. 172, 176.

"Salting" claims, 194.

Sayers. G. W.. 206. 207.

Schaeffer. S., 110.

Schiiitz, Theodore, 100.

School fund, 176.

Scott, Walter, 115, 110.

Scudder's Mill, 142.

Secreta Gulch, 146, 1.5.5.

Secretary, Gregory District. 11. 12, 10, 25, 34, .39;' Russell District. 49, 54; Bay State District, 70, 71; Eureka District, 86, 87 ; Pleasant Valley Number 10 District, IW. 117; Quartz Valley District. 121; Nevada District, 122; Wisconsin District, 146, 147, 149, 156; Cen- tral District, 175.

Shears and Company, 6.

Shefrer. Henrv C., 266.

Shelter, Charles. 109. 110. 111. 11.5.

Shepherd, William, 96.

Sheriff, Gregory District. 12, 13. 14, 24, 25, 2(i, 31. 37, 39; Russell Dis- trict, 55. 5i; Bay State District, 76: Eureka District. 80, 88, 104; Pleasant Valley Number 10 Dis- trict, 111. 112," 118; Nevada Dis- trict, 138. 1.39. 141; Wisconsin District. 1.53. 1.55, 1.56, 165. 166, 167, 168, 169; Independent Dis- trict, 179, 181. 182, 183. 192-193; Fairfield District, 202; Illinois Central District. 227; Hawk Eve District. 2.33, 234, 244; South lulder District, 2.50, 251, 253, 2.55-256, 261 ; Silver Lake District, 262; Lake District. 272. Shorts and Collier, 7. Silver Creek, 246, 265, 295. Silver lake District, organization, 262; laws, 263; minutes and reso- lutions, 2(>4-266: secession of Cooper District, 295. Silver .Mountain, 262. Sisson, A., 46. Skeers, Eli, 80. Slate, W. D., KKI. 171. Slaughtering (.f cattle, 1.33. 149. Smith, Kbinezer. 272, 273, 275, 277. Smith, llini.T, 271. Smith, .lu.lge II. 1'. A., 1. 2, M, 35, .36, 42. 43.

Gilpin County Records

Smith, J. Bright, 41.

Smith, J. Nelson, 271, 273, 276. 277.

Smith, N. H., 273.

Smith, Thomas, 79, 81, 85, 86, 90, 94, 96, 101.

Smith, Winton, 16, 18.

Smith, Shannon, and Company. 29.5.

Smokv Hill route, p. XI.

Snelli'ng, W. W.. 34.

Snider, L. C, 274.

Snider, S. G., 273.

Snodgrass, James A., 97.

Sons of Malta, 135.

Sopris, Captain Richard, representa- tive in the Kansas legislature, p. XIV; president of Gregory District, 13, 15, 34, 36.

Sopris, Henderson, and Company, 6.

South Beaver Ci-eek, 248.

South Boulder District, resolutions of August 18, 1860, p. 247; laws of March 30, 1861, pp. 247-261.

South Park mines, p. XII.

Spaids, C. C, 96.

Spanish mining operations in Colo- rado, p. VII.

Spear, W. S., 117, 118.

Spring Gulch, 44, 45, 131-132, 136,

Spring Gulch District, organization, 267; dispute with Nevada Dis- trict, 267-270.

Stake Master, Pleasant Valley Num- ber 10 District, 108, 111; Wiscon- sin District, 147, 148, 149, 153, 156, 159, 166, 168, 169; Climax District, 171, 172, 173.

Staley, John A., 80, 82, 85, 96, 99.

Stanton, J. W., 94, 96.

Stanton and Sanford's mill. 144.

State of JeflFerson, p. XIII.

Stevens, Al., 85.

Steward, J. M., 76.

Stewart, A. F., 232.

Stone, Dr. J. S., 16, 33, 77.

Storms, J. W.. 39.

Storms, M., 33, 36, 39, 47, 77.

Suffrage, 55, 70, 75, 114, 172, 181, 202, 233, 254, 281.

Sullivan (Sulivan), C, 123.

Summons, 57, 60, 111, 164.

Sunday, 84, 189, 241.

Surveyor, Lake District, 271, 272, 275-276, 278.

Swaney, J. T., 80, 81.

Swift, A. C, 79. Sykes, C. P., 143.

Tappan, D. C, 273.

Tarryall Creek mines, p. XIT.

Tator, C, 96.

Taxes, 169-170, 259.

Tavlor, John, 78, 79.

Taylor, T., 175.

Templeton, W. M., 274.

Territory of Colona, p. XIII.

Territory of Colorado, p. XIV, 100.

Territory of Jefferson, pp. XIII- XIV, 43-44, 46-47, 224.

Thatcher, J.. 99.

Theft, 194, 226, 245, 256.

Thomas, Oliver, 175.

Thompson, E. D., 132.

Thompson, Dr. S. B., 43.

Thorsens, Ole, 169.

Timber, 63, 64, 66, 83, 106, 116. 122- 123, 1.59, 192, 197. 243, 257.

Todd, William M.. 202, 205, 206.

Toll roads, 154, 195-196, 208, 260-

Toner, Samuel, 47.

Tort, 30.

Town lots, 103.

Townsand, W. D., 274.

Townsand, W. S. Murry, 271.

Town sites, 191, 242, 257-258.

Treasurer, Gregory District, 25, 33; Russell District, 54, 63; Eureka District. 86, 106; Wisconsin Dis- trict, 169, 170; South Boulder District, 248; Lake District, 278,

Trials, 12, 13-14, 27-31, 60-61, 105, 108, 129, 148, 160, 163-164, 179, 217-223, 285-288.

Trotter, J. C, 96.

Tunnels. 15, 23, 50, 67, 90, 91, 1.52- 153, 157-158, 190-191, 213-214, 241- 242, 259-260, 293-294.

Turner, M. L., 76.

Twelve Mile Diggings, 168.

Union District, Clear Creek County,

Union Party, 145.

Valley City Town Company, 173. Van, T. P., 39.

Vance, A. P.. 202, 204, 205, 206, 207. Vance, D. C, 51, 52.

Ikdex

Vanderen. Archibald J., 145. Vanderen's Express Company. 135. Van Endert, Edward, 295. Vice-President. Bay State District,

70. 75. 76. Vigilance Committee, 140, 185. Villard. Henry, report on Gregory

District mines, 5-10.

Walker, J. W., 273.

Walsh, C. C, 166.

Walters, J., 273.

Ward, T. R., 273.

Warne, Dr. H., 179.

Warner, Beta, 175.

Wash, E., 273.

Wason, George, 73.

Water companies, see Water rights.

Water rights, 12-13, 15, 22, 64. 67,

74, 84, 114, 151, 157, 192, 200,

212, 229, 243, 244, 256. Welch, C. C., 153. Wells, Judge, 43. Wheeler, William E., 272. \Miipping, 169. 194, 226, 228, 245. Whitcomb's mill, 144. White, M. S.. 117. White Quail District, 149-150. Wightman, William, 263, 264, 265. Wilkinson, Judge Robert, 42, 45. Willborn, W. T., 78-79, 101. Williams, A. P., 117. Williams, B. D., 2, 4. Williams. James A.. 76.

Willson, J. L., 76.

Wilson, A., 36, 43. 46. 47.

Wilson. George E.. 197. 200. 202,

Wilson. G. W., 275.

Wilson, John, 84, 85.

Wisconsin District, laws of Febru- ary 13, 18()0. pp. 14)-148: an elec- tion. 149; amendments, 149; joint meeting with Wl\ite Quail Dis- trict, 149, 150; resolutions of May 26, 18(i0, p. 150; laws of July 12, 18(i0, pp. 150-152; reso- lutions of September 15. 18(i0. pp. 152-153; minutes, 153-154; laws and minutes of December 13, 1860, pp. 154-166 ; minutes, 166-170.

Witnesses, 58, 105, 148, 221, 227, 228. 244, 283.

Women, rights of, 66, 247, 263.

Wood, H., 81.

Wood, J. D., 132.

Wood. Robert, 79, 81.

Woodmancy, J. A., 51, 52, 272, 273,

Wright, Alpheus, 146. 148. 150, 151. 169, 170.

Wright, A. P., 96.

Wright, A. P., and Company. 7.

Writs, 55, 56, 57. 89. 90, 160, 103. 186-188, 2.39-240, 281.

Zeigler, Spain, and Company, 5-6. Zuniwalt, Van, 177.

University Of California Library

Los Angeles This book is DUE on the last date stamped below.

'J ft

mc

Form L9-Series 444

Early records of Gilpin county, Colorado, 1859-1861

May 23 1945' Jans 1951

Un 5 1956

5 3 S 2

Boulder

F ,

Contents

Introduction

Discoveries Of Gold Before The Great Rush Of 1859

The Gold Eush

X Introduction

Governmental Organization

Gregory District

Mass Meeting, Gregory'S Diggings.

2 Gilpin County Records

Gregory District 3

4 Gilpin County Records

The Kansas Gold Mines.

Gregory District 5

6 Gilpin County Records

Gregory District 7

8 Gilpin County Records

Gregory District 9

10 Gilpin County Records

Miners. Meeting.!

Gregory District 11

12 Gilpin County Records

Laws Of July 16, 1859

Gregory District 13

14 Gilpin County Records

Gregory District 15

16 Gilpin County Records

Gregory District 17

18 Gilpin County Records

Gregory District 19

20 Gilpin County Records

Gregory District 21

22 Gilpin County Records

Gregory District 23

24 Gilpin County Records

Gregory District 25

26 Gilpin County Records

Gregory District 27

28 Gilpin County Records

Gregory District 29

30 Gilpin County Eecords

Gregory District 31

32 Gilpin County Records

Gregory District 33

34 Gilpin County Records

Gregory District 35

36 Gilpin County Records

Laws Of Febeuary, I86I.2

Gregory District 37

38 Gilpin County Records

Gregory District 39

40 Gilpin County Records

Mass Meeting.!

Gregory District 41

42 Gilpin County Records

Miners' Meeting.!

Gregory District 43

44 Gilpin County Records

Gregory District 45

46 Gilpin County Records

Law Of June 3, I86I.1

Primary Meeting.

Gregory District 47

Russell District.

Russell District 49

50 Gilpin County Eecords

October 8, 1859.

Russell District 51

March 24, 1860.

Meetixg At Russell'S Gulch.

52 Gilpin County Records

Russell District 53

Laws And Regulations Adopted July 28, 1860

54 Gilpin County Records

Russell District 55