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University, of Colorado 
Historical Collections 



Volume II 



Mining Series 
Volume I 



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Early Records 



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of 



Gilpin County, Colorado 



1859-1861 



Edited by 
THOMAS MAITLAND MARSHALL, Ph.D. 

Anociate Profoiaor of Hlttery 

iB tht 

UBlrertity of Colorado 



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BOULDER 
1920 



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THE NEW YORK 

PUBLIC LIBRARY 

295e89A 

ASTOR. LENOX AND 

TILDEN FOUNDATIONS 

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copykight 1920 
By The Unxversitt of Colorado 



Thi W. p. Robinson Ptg. Co. 
Denveb» Colo. 



CONTENTS 

Pages 

Introduction vii-xvi 

Gregory District 1-47 

Eussell District 48-68 

Bay State District 69-77 

Eureka District 78-107 

Pleasant Valley Number 10 District 108-120 

Quartz VaUey District 121 

Nevada District 122-145 

Wisconsin District ■ 146-170 

Climax District 171-174 

Central District 175-176 

Independent District 177-196 

Fairfield District 197-208 

Illinois Central District. 209-229 

Hawk Eye District 230-246 

South Boulder District 247-261 

Silver Lake District 262-266 

^ Spring Gulch District 267-270 

Lake District 271-294 

Cooper District 295 

List of Documents 296-301 

Index 303-313 



V 



V 



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 Marfa 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 New Meofioo, 268; 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, **Frenoh Intrusions into New Meooioo, 1749-1752," 
in The Pa^fifio 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. 

vii 



viii INTRODUCTION 

have foundi gold on the head waters of the South Platte,* 
but Pikers 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, Eofpeditions (Elliott Coues, ed.), 758. 

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

'Josiah Gregg, Conmierce of the Prairies, in Early WeHem Travels 
(Keuben 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. 



I 



INTRODUCTION Ix 

that gold had been found in Horse Creek/ in the Medi- 
cine Bow Range,^ 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 Rockies. * 

William Gilpin, the first territorial governor of Colo- 
rado, made three trips into the Far West during 1844- 
1849, and became convinced that the Pikers Peak Country 
was rich in precious metals.® Various reports that gold 
existed in the Rocky 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 RUSH 

It was the panic of 1857 which led directly to the 
development of the Pikers Peak Country. Many a man 
lost his fortune during the financial depression of 1857 
and 1858.® Reports 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. 
*Ihid,, 131. 
'Ibid., 133. 
*/Wd., 166. 
•lUd,, 276. 

• William Gilpin, Mission of the North American People, 178, 180-181. 
' Smiley, Semt-Centennial History of the State of Colorado, I, 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 Eussell. 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 Eussell party prospected the creeks as far north as 
the Cache la Poudre Eiver. Winter quarters were estab- 
lished near the mouth of Cherry Creek. 

The second group was the * * Lawrence Party, ' ' which 
left Lawrence, Kansas, and followed ihe 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 Eussell 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, Semicentennial History- of the State of Colorado, I, 208-294 ; Ban- 
croft, History of Nevada, Colorado, and Wyoming, 1540-1888, pp. 363-400; 
Frank Hall, History of the State of Colorado, I, 228-261; Wilbur Fisk 
Stone, History of Colorado, I, 228-261 ; Ovando J. Hollister, The Mines of 
Colorado, 59-130. The critical historical worker will find them rather un- 
satisfactory. 



INTElODUCnON 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 
modem 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 *Hhe 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 Eiver 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 this 
paper known to exist is the property of Jesse S. Randall 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 evident to the settlers that they were too 
far from ihe 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 wnd of the several 
States and Territories, H. Docs,, 58 Cong., 2 Seas., Doc. 678, pp. 126-127; 
Orgcmio 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 Americcun 
Historical Review, XII, 55; Helen G. Gill, "The Establishment of Counties 
in Kansas,'' in Kansas Historical CoUeotions, 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 oflScers 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, 
1861.1 

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, 

* PaxBon, **The Territory of Jefferson : A Spontaneous Commonwealth/' 
in University of Colorado, Studies, III, . No. 1, pp. 16-18 ; Smiley, SenU- 
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 OflSce in 1885, entitled, The United 
States Mining Laws and RegulUions theretmder, a/nd 
State and Territorial Mining Laws, to which are ap- 
pended local Mining Rules and Regulations} 

An examination of the contents of the vaults in the 
oflRces 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 Rocky Mountain News, 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 OflSce 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- 

> F. Misc. Boca,, 47 Cong., 2 Seas., XIII, Pt. 14, Doc. 42. The Colorado 
laws and regulations cover pp. 346-494, and include the partial records of 
six districts in Gilpin County. 

'Thomas Maitland Marshall; "The Miners' Laws of Colorado," in The 
American Historical Review, XXV, 426-439. 



xvi INTRODUCTION 

pin County, Frank G. Moody ; by F. A. Maxwell, the dep- 
uty county treasurer, L. A. Hafer, the county cleA, 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 tiie 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 Coimty 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, Warren 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 Diggings, 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, 

^ Rooky Mountain News, June 18, 1969, p. 1. Other accounts of the 
trip of Greeley and Richardson may be found in Horace Greeley, An over- 
la/nd Journey from New York to San Frcmcisco, and in Albert D. Richard- 
son, Beyond the Mississippi, 

1 



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 r^on 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 Xvhen 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. Kichardson 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 rapidily. He 
hoped it might beconie a State in the Union, and escape the 
servile and dependent form of a Territory. Interested here in 
common with all other citizens, he could do nothing tcf retard 
that event or to complicate the issues. Therefore, "Montana 
Coimty'' 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 Railroad 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. R., and a unanimous vote of 
approval for his conduct was passed.) 

Dr. J. Oasto 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 MIKES.* 

We are indebted to the kindness of Mr. Williams, of the 
Leavenworth & Pike's Peak Express, for the following report 
from Messrs. Greeley, Eichardson, 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 signed 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 & Eussell'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 News, June 11, 1859, p. 1. 



GREGORY DISTRICT 6 

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 progress of the first important gold dis- 
coveries in the eastern slope of the Rocky Mountains. We de- 
sire to acknowledge your many courtesies during the trip. 

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

A. D. Richardson, 
Henry Villard. 



Gregory'^ 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 r^ular 
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, Ind.) 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, $66; 
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, Nebraska,) 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 ; 
vfein 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 day ; produced 
$75. 



GREGORY DISTRICT 7 

Shorts & Collier, bought 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. 6. 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 Gtordon 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 Def rees & 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, foimd 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 

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 very near a small mountain stream, 
which aflFords 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, down 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 destructive 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 Fork of Clear creek, K. T., on the evening of the 8th 
inst., [June 8, 1859] Wilk Defrees was elected President and 
Joseph Casto, Secretary. 

. ^ Rooky Mountain News, June 11, 1859, p. 2. These laws were also 
printed on a large sheet entitled La.ws and Regulations of the Gbeoobt 
DiQOiNOS District. On the printed sheet Sections 10 and 11 were omitted. 



GREGORY DISTRICT 11 

Ist. Eesolved 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 
Kallston Creek running seven miles up the last named stream 
to a point known 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. Besolved that no miner shall hold more than one 
claim except by purchase or discovery, and in any case of pur- 
chase the same shall be attested by at least two disinterested 
witnesses and shall be recorded by the Secretary and the Secre- 
tary shall receive in compensation a fee of one dollar. 

3rd. Besolved, that no claim which has or may be made 
shall be good and valid unless it be staked oS 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 
eadi member shall appear conspicuously. 

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

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

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

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

*0n the printed sheet the law reads "Jfty 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 any 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. Eesolved, that the proceedings of this meeting be pub- 
lished in the Eocky 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, Sec. 

LAWS OF JULY 16, 1859^ 

Laws & Eegulations of the Miners of Gregory 

Diggings District 

Your Committee on the Codification of the Laws of the 
District beg leave to report that they have Examined the Eeso- 
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 New Code which they recommend 
Should be passed and that the Original Code be retained with 
these additions. 

1st Eesolved, 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 Eecorder 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 Kesolution 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 

7th 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 

n 9th When any person is agrieved 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 true and Execution isfiued. 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 Notices 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 Keoorder 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 haye (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 Def endent 

« 16th Any person may take up by Recording 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 16 

* 17tli 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 
race from any river to brinir water to the Same and shall hold 
the water not interfering^Sh any vested rights 

18th 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 himdred 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- 
tainedy 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 groimd they pass 

22&t 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 1869 
Attest 

C. A. Eoberts, Eecorder E. Sopris President 



16 GILPIN COUNTY RECORDS 

MINERS' 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 miner? 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. R. 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 with our most hearty disapproba- 
tion and disapproval. 

2. — ''Resolved, That we will let no means fail of express- 
ing our disapprobation of this measure, both by 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 Eocky Mountains. 

5. — "Resolved, That we believe, and are well assured in 
our belief, that certain speculators in I>enver 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, aft^r being read, were adopted 
by the meeting without a dissenting voice, after the meeting 
was addressed by Mr. Mclntire and Mr. Clark. 

Col. McLean then addressed the meeting who stated that 
he had been 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 Gtolden 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. Eariden 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 Eus- 
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 A2d. 



GREGORY DISTRICT 19 

Mountain City, On the 11th day of Februay A D 1860 at 7 oc 
P. M a Committee consisting of Qeo W Brizee William H 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 18 th inst 

In aecordence 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. 

An Act to Pbovibb fob and Define the Futube Boundabies 

OF Gbeooby Distbict 

Sec 1st Be it enacted by the citizens of Gregory District 
in Convention assembled, That it Shall be the duty of the Re- 
corder of this District, On Or before the 22nd inst to make and 
cans 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 Ist 
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 STotices 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. 

Sec. 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. When 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 the 
Same, as shown by the survey and Stakes. When 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 When 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 or Banch Claim ex- 
cept by purchase. 

Sec 5th Be it further Enacted, That each discovery claim 
shall be marked as such, and all purdiased 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 

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. 

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 drieetion 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 daim 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, 
that 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, aud 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 before the 1st day of April 
next. Or the Said Contracts Shall not be regarded as binding 
upon or effecting any but the original parties in any transaction 
whatever. 

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



22 GILPIN COUNTY RECORDS 

the oonvyance 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 daim, if one be worked, the 
other may be held without working, by recording the Same. — 

Sec 14th Be it further Enacted, That any person owning 
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 16th 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, That 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 
witii 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 

Seo 21 Be it further Enacted, That the rules & regula- 
tions observed in mining regions within the United States, r^ 
ulating the digging for gold under building lotts, upon Ranch, 
farming and otiier 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 term, Shall be Served 
before the Fryday next proceeding, if not So Served they shall 
be made returnable at the Second term after Servica 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 Plaintiff or Defendnt, Or with either of 
them in any maimer 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 caus Shown to be sup- 



GREGORY DISTRICT 25 

ported 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 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 Office 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 b^ removed from there offi^ces for miscon- 
duct by the Citizens of this district (Viz) a President a Judge 
of Miners Court, and a Eecorder 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 be the duty of 
the Judg^ of Miners Ck)urt, 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 shfidl 
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 Re- 
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 officers of this Dis- 
trict shall continue to hold thare said offices until the next an- 
uel EUection, 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' Court. 

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 All^atins and facts necessary to constitute the cans 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 Dfefendents 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 
def endent 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. 

See 5 Be it further Enacted That in all cases of the f our- 
dosure 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 forgoing facts contained in such affir 
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 ^K)mpel 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 tiiis 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 caus. 

Sec 10 Be it further enacted, That in all cases of Attach- 
ment and Eeplevin the practice recognized by the Laws of Kan- 
sas shall be observed, and when in cases of Attachment the Dfe- 
f endnt 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, unless a Sunmions has been re- 
turned by a proper Officer, which return diall show that he has 
made dilegent serch and inquiry and cannot learn that the de- 
fendent is in his County, or that he cannot find the defendent, 
and that ne 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 gamashee proscess 
may issue as a part of the orignal writ, to be servd on both De- 
f endent & Gamashee, or Seperately. Or it may issue after Exe- 
cution is retumd unsatisfied, and in either case if the gama- 
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 when 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 RECORDS 

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 L«iws of 
this District, the Common 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 gopd 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 ihe 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 Nine 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 Virdict 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 by 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 jurors 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 IJnited 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 
cans in which you are ingaged to advance his interest honorably. 

Approved Feby 20th A D 1860 

An Act in Relation to Levy and Sale Befobe 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 Elxecution, All Tools for mining. Bedding, 
Clothing, Cooking utensels and necessary provissions for three 



32 GILPIN COUNTY RECORDS 

Montlis, 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 fumature 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 proceeding 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 IN'tjisances 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 
caus 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 everv other act of com- 
mission Or Omission which may effect the public health or con- 



GREGORY DISTRICT 33 

venience shall be regarded as a Nuisense, 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 nuicense is allowed 
to remain, Shall be again liable in damages, and shall also be 
liable for each 24 hours the same shall be allowed to remain 
after conviction as aforesaid 

Sec 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 

An Act Containing General Pbovisions for the 
Government of Greck)ry 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 Miners 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 date, 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 J. S. Stone Pres. 



34 GILPIN COUNTY RECORDS 

MINERS' MEETING.^ 

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 the absence of the committee, the meet- 
ing was addressed by Capt. Sopris, who congratulated 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 

Resolved, 2d, That when machinery is owned or used by 
any person owning more than one claim, 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, Ra- 
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, 6th, 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, 
1861. 

Resolved, 7th, That in case of the death of any person own- 
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, the 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. W. Brizee. 

Meeting then adjourned. 

W. W. Snelling, Seo'y. 

FROM THE MOUNTAINS.^ 

Yesterday, Friday, was a gay one throughout Gregory dis- 
trict. There were polls open at the Haman House, at Kehler's 
point, at Gr^ory House, Black Hawk Point, and Chase's 
Gulch; and the wonted crowds to be observed 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 FEBRUARY, 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 Amendatoby to an Act Entitled an Act Defining 
Claims and Regulating the Title Thebbto. 

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 

land no more than one Claim on each Lode except by 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- 
covry 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 Amendatoby to an Act Entitled an Act Relating 
TO Crimes and Nuisances, Committed in 

Gbegoby Distbict. 

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 [maimer] 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 ofiicer 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, & 6 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 Eelation to Levy and Sale upon Execution. 

Sect 1st Be it enacted by the citizens of Gregory 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 may 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' Cou^t of liiis 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- 



GREGORT DISTRICT 89 

after extend to the Citizens of other Districts all the legal rights 
which they 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 
Eeoorded Feby 16th 1861. Benj Mason 

M. Storms Kecorder D S Pajmelee 

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

At a meeting of the miners & ctazens of Gregory District 
held pursnint 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 Eebuary 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 lawfuU 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 Book 
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 Suit 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 

4th 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 Nevada, 
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. 

^ Dmly Rocky Mountain Netos, 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 meeting. 

While the committee were out for this purpose, I. H. Mor- 
ton, of Nevada, Dr. Rankin and I. W. Hambleton 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 North 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 the 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 liieir 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, Rankin 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 Rooky Mouniadn News, April 30, 1861, p. 2. 



GREGORY DISTRICT 43 

man, and 0. 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 
jKTevada and other gulches were made to believe that the result of 
the verdict of the 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 
Nevada 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- 
I)ose 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 ground 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 groimd sluicing, the property of thousands of 
men in Gr^ory and Enterprise 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. Parmelee, Judge 
A. Wilson, Oregory; Thos. Carleton, H. P. Cowenhoven, A. E. 
Buckmiller, C. W. Eisk, Enterprise; J. A. Hale, Judge Wells, 
Chase's Oulch; 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 assembled, 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 hydj-aulics, 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 they 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 carry 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. 

6th. 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 r 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 with 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 ihe 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 Ist day of June AD 1861 at early candlelight 

PRIMARY MEETING.^ 

Pursuant to notice the citizens bf 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. Pbst 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 News, 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 comfnittee, as delegates to 
said convention. 

On motion of Samuel Toner, Esq., the del^ates 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 
imanimously 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 will beat 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, Seo'y. I>an'l S. Parmlee, Pr^'t 

July 18th, 1861. ^ 



RUSSELL DISTRICT. 



LAWS OF JUNE 18, 1869.* 

Be it Eesolved. 

That a district beginning at the mouth 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 

jKTo 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. 

4th 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. 

^ManuBcript found among the Teller Papers. 

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

48 



RUSSELL DISTRICT 49 

5th 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 When 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 conspicuously upon 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 such notice shall be taken as evidence. 

7th Each discovery claim shall be worked as such 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 be 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 v^ith 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, 1869. 
Eesolved 

That All claims now held by miners, shall be held good and 
valid by having them recorded before leaving the country or 
v^ithin six days after quitting work thereon until the fifteenth 

3 



60 GILPIN COUNTY RECORDS 

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 when 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, 1869. 

Ist 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 

6th When tunnels are legally located it shall be consid-' 
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 
oliier lead diggings are governd by in said district. . . . ^ 

^This paragraph was followed by a statement of boundaries. The 
statement was incorporated in the La/wa (md Regulations of July 28, 1860. 



RUSSELL DISTRICT 51 

MARCH 24, 1860. 

Resolved that Rule first of the Laws be so Amended as to 
read, No miner shall be entitled to hold more than one Gulch 
or Ravine claim one Mountain or Load Claim one Patch and 
one Bank claim, except they be Represented by him or agent in 
working on the same after the 16th 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. 

MEETING 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, R 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: 

Whereas, 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 concerl; 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 News, Nov. 10, 1859, p. 1. 



52 GILPIN CX)UNTY 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 goocis, 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 News. 

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. R. R. Cowan, Chm'n. 



RUSSELL DISTRICT 53 

LAWS AND EEOULATIONS ADOPTED JULY 28, 1860^ 

At a meeting of the miners of Russell District held at the 
Recorder's 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. Butler, 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, 

jT ^ r Secretaries. 

—""""• JcLoesxer, 



BOUNDABIES OF RuSSELL DlSTMCT. 

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 known as "Russell District." 

^ Russell District, La/iPS <md Regulations of the Miners of . . . with 
the Boundaries, Court Rules, etc., adopted July 28th, 1860, Denver, J. T., 
Rocky Mountain News Printing Company, 1860. This was found among 
the Sayre Papers. The code was largely borrowed from the Gregory Dis- 
trict laws of February 18 and 20, 1860, but there are so many minor differ- 
ences that it seemed advisable to print the entire code. 



54 GILPIN C50UNTY RECORDS 

We, the President and Secretary of the Convention, held 
in Mountain City,^ 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 Ditties, 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 tate 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. 

SjEC. 2. It shall be the duty of the President to preside 
at all public meeting of the citizens of the IHstrict 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. 4i 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. See 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 SheriflF 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 which 
he shall collect by sale of property on execution ; and shall be 
required by the Judge to give suitable security for all process 
placed in his hands. The Judge of the Miners' Court shall keep 
a regular docket of all proceedings had before him; shall be 
allowed five dollars for presiding at each trial — which shall be 
paid to the President when he shall preside — and be allowed at 
the rate of twenty-five cents per hundred words for making out 
the proper papers for him to make out, except writs for original 
service in suits, and final judgment and execution ; for each of 
which he shall be entitled to one dollar. 

Sec. 7. Every person of suitable age who actually re- 
sides in this District, is hereby declared to be a voter therein. 

Establishing a Miners' Court and Regulating 

Its Jurisdiction. 

Sec. 8. A regular term of Court, to be known as th^ 
Miners' Court, shall be 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 67 

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

Sec. 15. The Jury for each term of Court shall be 
drawn upon the Monday next preceding each term, in the fol- 
lowing manner: The Constable or his deputy, shall place the 
names of not less than fifty-four men, who shall be voters of the 
District, in a box prepared for the purpose, and the Judge or 
Clerk of the Court shall draw 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 Practice. 

Sec. 16. If any person shall wish to commence a civil 
action in the Miners' Court of this District, he shall file with 
the Judge or Clerk thereof, a statement in writing setting forth 
his grounds of complaint, which shall contain all the allegations 
and facts necessa;*y to constitute a cause of action, in plain and 
unequivocal language. Such statement shall be called a peti- 
tion, and no pleadings shall be void on account of form. And 
upon the filing thereof, the Court or Clerk thereof, shall issue a 
writ of summons, to be served upon the defendant, to appear 
and answer to the same at the time therein named, or judgment 
will be taken against the defendant by default. If the relief 
demanded be for a sum of money, the amount shall be stated in 
the summons ; if for a sum of money and other relief, the sum- 
mons shall state in substance, that if the defendant do not ap- 
pear and answer at the time therein named, judgment will be 
taken against him by default, for the sum of money demanded, 
and such other relief as to the Court may seem meet. If the 
remedy applied for shall not be for any sum of money, the sum- 
mons shall ask judgment for the relief demanded in the peti- 
tion. 

Sec. 17. The defendant may at any time before the time 
of trial of any case at law, entered in the Miners' Court, file his 
answer or demurrer — upon either of which the plaintiff may join 



68 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 coimtry, 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, aiid 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 DISTRICrr 59 

Sec. 25. In all cases of replevin and attachment^ the 
practice prescribed by the laws of Kansas shall be observed ; and 
when in case of attachment the defendant has left the country^ 
or keeps himself secreted within the same, so that process can- 
not be served upon him, publication by posting six notices in as 
many conspicuous places in said District for ten days, shall be 
deemed sufficient notice. The order of publication shall not be 
granted unless a summons has been returned by a proper officer, 
which shall show that he has made diligent search and inquiry, 
and cannot learn that the defendant is in the District, or that 
he cannot find the defendant, and believes he keeps himself se- 
creted to avoid the service of a summons, together with other 
evidence tending to make either of said facts appear. 

Sec. 26. Garnishee process may issue as part of the orig- 
inal vnit, 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 l^al notice, he shall still be held liable, to 
the amount of the plaintiffs 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 RECORDS 

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

Telax and its Incidents. 

Sec. 31. In all cases where a civil action is hereafter 
commenced in the Miners^ Court, the plaintiff shall file a bond, 
with good and sufficient sureties, conditioned to pay all costs 
which may be taxed against him in case he should fail to re- 
cover judgment in said suit, or in lieu thereof shall deposit with 
the Court a sum of money which the Court shall fix as surety 
for such costs. 

Sec. 32. In case the costs cannot be collected against any 
defendant, wherein the plaintiff shall recover judgment, the 
said plaintiff shall be held responsible for all costs he shall make 
in said suit 

Sec. 33. Upon the return day of the summons, if either 
party shall call for a jury, he shall advance the fees, at the rate 
of one and a half dollars for each juror who shall try the case; 
and in case he prevail in the suit, the fees so advanced shall be 
taxed against the adverse party; but in case no jury is called 
for, the cause shall be tried by the Court. 

S:ec. 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. 36. 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 Eecorder. Said Court 
shall sit at such times and places as the presiding Judge shall 



RUSSELL DISTRICT 61 

direct ; but every case of appeal shall be set for trial within ten 
days from the time the appeal shall be taken, and the decision 
of such Court shall be final. If either of said Judges are in 
any way interested in the event of any suit, they shall be dis- 
qualified from trying the same ; and the remaining Judge or 
Judges with jthe 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 was rendered. 

Sec. 42. All Attorneys who practice in this Court shall 
take and subscribe the following oath: "You do solemnly 
swear, in the presence of Almighty God, that you will support 
the Constitution of the United States, and the laws of this Dis- 
trict, and that you will faithfully and honestly perform the du- 
ties of Attorney, according to the best of your ability." 

Levy and Sale upon Execution. 
- Sec. 43. There shall be exempt from levy and sale upon 



62 GILPIN COUNTY RECORDS 

execution, all tools necesary for one person to mine with, all 
clothing, cooking utensils and bedding necessary for the debtor 
and his family, and necessary provisions for three months ; and 
if he have a family here, a dwelling house and lot not exceeding 
five hundred dollars in value ; such articles of household furni- 
ture as are strictly necessary, together with a family Bible, pic- 
tures, and relics. 

Sec. 44. All property taken in execution shall be posted 
in three conspicuous places in the District, for the ten days 
next preceding the sale thereof ; and the Constable may adjourn 
the sale at any time when it appears that the property posted 
cannot be sold unless at a great sacrifice, for want of bidders. 

Sec. 45. Money collected on execution shall be paid into 
the hands of the Court by the Constable, to satisfy the judgment 
in whole or in part, that may be recorded on his books, and the 
Court shall pay the same to the proper parties or their Attor- 
neys. 

Crimea and Nuisances. 

Sec. 46. All crimes committed in this District shall be 
punished as a jury of twelve men shall direct. 

Sec. 47. Any person who shall cause any nuisance affect- 
ing the health of the people of this District, or liable to affect 
the health of the people of this District, may be sued for the 
same in the Miners' Court in the name of "Russell District vs. 
the Defendant;" who shall be liable, on conviction, to pay dam- 
ages in the sum not exceeding one hundred dollars and costs of 
suit, for the use of said District. 

Sec. 48. If any person shall obstruct any highway, or 
make any pit or hole and leave it open so as to endanger life or 
limb, upon any usually traveled road or trail, such person may 
be sued as aforesaid, for committing a nuisance, and be liable 
to said District in damages, as provided in section forty-seven, 
with costs of suit. 

Sec. 49. Every act of commission or omission, which 
may affect the public health or convenience, shall be regarded as 



RUSSELL DISTRICT 63 

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

Sec. 50. After any conviction for nuisance in said Min- 
ers' Court, if the said nuisance is allowed to remain for tweny- 
four hours thereafter, the person or persons who caused the 
same, and whose duty it should have been to remove it, shall be 
again liable in damages, and shall also be liable for each and 
every twenty-four hours after a conviction, as hereinbefore pro- 
vided in this act. 

Sec. 51. Executions for nuisances and crimes shall issue 
in all cases as hereinbefore specified, in the name of the Dis- 
trict, the same as in any other suit at law. 

Sec. 52. The Judge of the Miners' Court shall pay over 
each week to the Treasurer of the District, all moneys he may 
collect from judgments in favor of the District, contempts of 
Court, and fines of every kind ; and the Treasurer shall not pay 
the same out to any person, unless upon the order of the Presi- 
dent and Judge of the Miners' Court; and said President and 
Judge shall have power to order the payment of said funds for 
public or charitable purposes. 

Sec. 53. Any person who shall wilfully or maliciously 
set out any fire in this District, or without this District so that 
it shall come into this District, and destroy any timber or prop- 
erty, shall be guilty of a misdemeanor; and on conviction 
thereof, shall be punished as the Court may direct. Nothing 
herein shall be construed so as to invalidate the civil rights of 
parties. 

Sec. 54. It is also declared to be a misdemeanor to peel 
any living timber for the sake of the bark, in this District, and 
may be punished as aforesaid. 

Sec. 55. The Judge of the Miners' Court and the Presi- 
dent of the District shall, before they enter upon the duties of 
their offices, give bonds to the District in the sum of one thou* 
sand dollars, to be approved by the Eecorder of the District; 
and said bonds shall be safely kept by the Eecorder for the use 
of the District. And the Eecorder 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 Jurisdiction. 

Sec. 57. The Judge of the Miners' Court shall also have 
Probate jurisdiction, and shall proceed, as far as practicable, 
according to the Probate laws of Kansas. 

Water Companies. 

Sec. 58. When water companies are engaged in bringing 
water into any portion of the mines, they shall have the right 
of way secured to them, and may pass over any claim, road or 
ditch, provided the water shall be so guarded as not to interfere 
with any vested right. 

Cutting Timber. 

Sec. 59. No person shall be allowed to 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 be 
adjudged guilty of a misdemeanor, and on conviction thereof 
shall be pimished by a fine not exceeding one himdred dollars; 
such fine to be collected in the same maimer 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 l^ally called, or until changed by a 
Convention of Delegates from this and the adjoining Districts. 

Defining Claims. 

Sec. 61. All miners may hold one gulch claim, one quartz 
or lode claim on each lode discovered, one side and patch claim, 
by pre-emption, without any restrictions in r^ard to working 
the same; and if purchased, there shall be no restrictions, pro- 
vided said purchase or purchases are in good faith, and a fair 
compensation is paid for the same, and title thereto shall be as 
good and as sacred as title to real estate in the States. 

Sec. 62. A gulch claim is understood to be one hundred 
feet up and down the center of the gulch, and from bank to 
bank. A lode claim shall be twenty-five feet on either side of 
the stakes of the claimant, and one himdred feet running on a 
line of the stakes, provided that the claimant shall have twenty- 
five days to develop his crevice, and to rectify his stakes from 
the day of staking. A patch and a side claim shall be one 
hundred feet square; and in all cases, pre-emptors shall be re- 
quired to plainly define their boundaries. In staking claims, 
parties shall state thereon their names, the date of staking, and 
if a lode, the name thereof, and number and direction; and 
in other cases what they claim. 

Sec. 63. A mining claim, which is actually such a claim 
as described on the record, shall hereafter hold all mines within 
its limits or boundaries. When lodes cross each other, the one 
first discovered shall have the right to work out the crevice 
through the cross lode ; and the person discovering a cross lode 
shall only work the same up to the first discovered crevice ; but 
priority of claims shall in all cases be respected. 

Sec. 64. Building lots shall not exceed one hundred feet 
front by two hundred in depth, and may be pre-empted in more 
than one parcel to suit the claimant. Mill sites shall be two 
hundred feet square. Mining claims shall take precedence of 
all others, provided they are first recorded. E^o 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 such a manner as not to 
injure the building thereon. 

Sec. 65. Agricultural claims shall not interfere with 
mining claims. 

Discovery Glaims. 

Sec. 66. Any person who shall develop a lode, shall be 
entitled to two hundred feet thereon as a discovery claim, and 
shall be required to set a post on his claim, designating the name 
and direction of the lode and that it is the discovery claim ; also, 
he shall develop the crevice. 

Sec. 67. Females shall have the same rights as males. 
Youths under the age of ten years shall not be allowed to hold 
claims. 

Sec. 68. No timber claims are allowed. 

Records. 

Sec. 69. The Recorder shall provide suitable books for 
his ofiice, 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 oflSce open on Sunday, nor receive 



RUSSELL DISTRICrr 67 

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

Tunnels. 

Sec. 70. Any person or persons driving a tunnell in said 
District, shall be entitled to four hundred feet in length and 
three himdred feet in width, as surface claim at the mouth of 
said tunnell for tunnell deposits ; and to eight hundred feet on 
each and every lead from the mouth to the terminus of said tun- 
nell, and at any place on said leads not interfering with previ- 
ous clainiants. It shall be the duty of all persons driving tun- 
nells to post notices, giving their terminus and direction, at the 
mouths of their tunnells. The location of all tunnells, together 
with their direction and terminus, shall be recorded. When 
tunnels are legally located, it shall be considered that the tun- 
nell company shall have the priority of right to locate their 
claims within a distance of four hundred feet, on each side of 
the line of their tunnell, on all leads from its mouth to its termi- 
nus, or on such portion of the tunnell as may be in this District 
If the person or persons locating a tunnell, shall fail to work 
the same for twenty consecutive days, after the first day of July 
next, they shall forfeit their claims to said tunnell, but not to 
the claims they have discovered and held by virtue of discovery 
before the time of forfeiture. 

Miscellaneous. 

Sec. 71. No miner shall obstruct in any way the water 
running in Russell Ravine or tributaries, between the hours of 
six o'clock, A. M., and six o'clock, P. M. 

Sec. 72. Every miner shall have the right to open a 
ditch through the claims below his own for the purpose of drain- 
ing his claim; and each miner shall be required to cut a ditch 
through his own claim if he be benefitted thereby. No man 
shall obstruct the water to the injury of his neighbor, above or 
below, as is the custom of mining countries. 



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., &c., vdth the remaining officer or officers of the District; 
which officer or officers shall immediately call an election for 
filling such vacancy. 

Sec. 75. These laws shall take effect from and after 
their adoption, and shall not be altered or amended without the 
authority or sanction of two-thirds of the voters at any meeting 
which may be legally called for that purpose. 

I Hereby Certify the foregoing to be a true copy of the 
laws adopted at a miners' meeting, held in Russell District, on 
Saturday, July 28th, 1860; a copy of which is filed in my office. 

C. S. Fassett, Secretary of Russell District. 



BAY STATE DISTRICT/ 



LAWS, RESOLUTIONS ANB MINUTES. 

The following laws were adopted by the Miners at a regu- 
lar meeting held in and for the Bay State Mining District on 
Thursday the 19th day of July A D. 1859 

A. N. Parson Secretary 

Laws and Reguultions of the Bay State Mining District. 

Section Ist 
This District shall commence at the mouth of the North 
Fork of Clear Creek and extend up the same to the mouth of the 
Russell Gulch so called, and be known and called by the name 
of the Bay State Mining District including the tributaries of 
said Creek 

Section 2d 
Each Mining Claim shall consist of one hundred feet run- 
ning parallel with the Creek and extend from Hill to Hill on 
either side [Amended to read Gulch instead of Mining.] ^ 

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. 

69 



70 GILPIN COUNTY RECORDS 

same and then leaving the Claim with Toola or other Gtoods 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 r^ular or Special Meeting 
concerning the mining interest of this District shall be allowed 
to vote unless th^ 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 
Kecorder] 

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 purpoise 
and to give a certificate of the same, and for Recording and giv- 



BAY STATE DISTRICT 71 

ing suoh certificate the Recorder shall be allowed fifty cents for 
each and every Claim 

Section 12th 
Every person or persons having a Claim or Claims re- 
corded shall describe the same as lying on the North fork of 
Clear Creek within the Bay State Mining District and Bounded 
by the Claims above and below by giving the names of the own- 
ers of the same and when two or more Claims are taken together 
they shall be numbered from one upwards by commencing at 
the lowest claim on the Creek . 

Section 13th 
Where two or more persons are desirus of working together 
for convenience or otherwise and said persons own Claims in 
different places in this District it shall be lawful for either of 
said parties to leave their Claims for the purpose of working as 
aforesaid by posting up in some conspicuous place on the Claim 
or Claims so left a written Notice where the owner of the claim 
or Claims may be found 

Bay State Mining District June 24th 1860 

By order of the Miners of the above named District 
a meeting was held for the purpose of Electing officers William 
Douglass was duly Elected President and David J. Eichardson, 
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 lith 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 Ghilch Claim shall consist of one hundred feet run- 
ning parallel with the creek and extending from Hill to Hill on 
either side 

Seo 3d to read 

No person shall hold more than one Gulch Claim one Patch 
Dr 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 eacli kind by work- 
ing one of them 

Section 21st added 
No person or persons shall locate a water Claim upon the 
Claims of Miners without the written concent of the owners 
of such Mining Claim or Claims 

August 11th 1860 

At an adjourned meeting held this day the following reso- 
lution was adopted 
Kesolved 

The order of Recording a Claim title shall be when pre- 
sented for Record the pre-emptor shall present a certificate of 
his Claim with a description of the same, and when the title is 
acquired by purchace he shall present the Deed, which instru- 
ment the Recorder shall copy into a Book kept for that purpose 
and shall file on the back of said instrument the hour of the day, 
the day of the month and the year when such instrument was 
presented for Record and the Page of the Book where recorded 
and return the instrument to the owner 

The following named persons were chosen a Committee to 
hear and decide disputes in r^ard to Claims Charles Allen, 
Mr Runolds, John Huntington, David Haines, William Elwick 

Adjourned Repealed December 29th 1860 

September the 29th 1860 
At a meeting of the miners of the Bay State Mining Dis- 
trict the following business was transacted to wit On motion of 
John Huntington Wm Flarey was elected President, on motion 
of John Huntington D. H. McCraw was elected Vice President 
on motion of D. H. McCraw George Wason was elected Re- 
corder The following Resolution was read and adopted Re- 
solved that Section three of the Laws of the Bay State District 
be so amended as to read Any person owning or holding Min- 
ing Claims in this District shall after having them duly Re^ 
corded hold them as a vested right the same as real estate is held 
in the States. Adjourned 



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 IState 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 tliree Shall Settle the 
difficulty existing between the minere to which they was chosen 
to Settle from which there shall be no appeal : When the Prese- 
dent has a difficulty then the Vice Presedant Shall appoint in 
the Same manner 

Section 23 

It Shall be the previlege of enny miner or Miners to take 
out the water out of ITorth Clear Creek in a ditch or floom 
around enny mans Claim or over his Claim for the purpose of 
washing Dirt on the Hill Side by Hydraulic power or Slusing 
not ingering the claims passing thare over 

Section 24 
The above Laws Shall not be repealed unless two thirds of 
the miners in Said district Shall concur there in or thare Shall 
be a majority of two thirds 

Section 25 
The President Shall call the district to geather upon the 
written requst of five miners in Said District the Presedent giv- 
ing three days Notice in writing posted up in three of the most 



BAY STATE DISTRICT 76 

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 Besidance 
of W. F. Carey : The within Laws was unanimously adopted by 
the Miners of the Bay State District They then went into an 
Election for Vice President & Recorder. J. B. Lasley was 
unanimously Elected Vice President & H. L. Graham was 
Elected Recorder 

H. L. Graham; Recorder 

Bay State District February 5th 1861 

The Meeting of Said District was called according to the 
by Laws of Said District: The President called the Meeting 
to order and the minutes of the previous Meeting was red by 
the Recorder they then past the following Laws 

Section 27. 

AU 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 Aride or Law 

Section 28 

Section 7 was so amended as to re^d that all Citizens of 
this District shall be entitled to vote at all meetings 

Section 29 

Resolved that it Shall be imlawful for aimy man or men to 
preempt a Claim or Claims for anny mian or men known or 
believed to be in the States All Kind of Claims what ever all 
Such Claims Shall be void : past February 5th A. D. 1861 

I certify the above to be a true copy of the original min- 
utes of the meeting 

Harvey L. Graham, Recorder 



7(5 GILPIN COUNTY RECORpS 

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 Difficuilties in regard to mining interests the Oppo- 
nants are to choose two presons out of Said oondttee & 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 oosen 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 true copy of the minutes of 
Said meeting 

Harvey L. Ghraham^ 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 

Resolved that all the laws of Gr^ory District be adopted 
Except the law relating to Jury it was past that thare should 
be Six Jurors before Said Justice & they Should be twelve 
names writ down by the Justice & from those twelve the Six 
shall be chosen in the following maimer the Defendant Shall 
Strike out the first name & then the plaintiff shall strike out one 
& if Either or both refuse to strike out the Justice or Judge 
Shall Do it for them untill thare is but Six names left & the 
remaining Six Shall be the Jurors from which thare Shall be 
no appeal: the party calling the Jury Shall deposit with the 
court the Jury fees in money which wilbe one dollar & fifty 
cents in cash to each Juror in case no Jury is callid the court 
Shall try the case 

I certify the above law to be correct the Laws that was 
adopted was past in Gregory District February 18 & 20 A D 
1860.^ 

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] IHstriot, 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 
commenoeing at the first crossing of Gregorys Gulch above 
Mountain City, and running south to lie apex of the mountain, 
then west sufficient to include the Lake and Spring Gulch, cross- 
ing the mouth of Nevada at its junction with Spring Gulch, 
directly north, and following the Summit of the divide between 
the Nevada and Eureke Gulch thence bending north sufficiently 
far to cover the mountain lying on the north of the Eureka 
Gulch and following the summit of Said mountain to some 
point directly north of the place of Starting 

Second, That a notice of the limits of the Eureke District 
as above defined, be transmitted to the proper Authorities of 
Gregory District, with notice of secession and erection into a 
district distinct 

John Fries President 
L. M. Freas Secretary 

MINUTES OF 1860 AND I86I.2 

At a meeting of the Citizens of Eureka District held at 
Mr. Otis's store on the 2nd day of May A.D 1860, John Taylor 
Esqr in the Chair 

It was moved & seconded that a committee of five be ap- 
pointed by the Chair to revise aud 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. The first entry in Book A was made 
July 21, 1859. 

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

78 



EUREKA DISTRICT 79 

Willbom, Tlios. Smith, and George H. Goodwin as a Commit- 
tee, with directions to report at a meeting to be held on the 9th 
day of May 1860. 

Meeting Adjourned 
Thomas Smith Seey. John Taylor, Chairman 

At a meeting of the Citizens of Eureka District held at 
Mr. Otis's store on the 9th day of May A.D. 1860, John Taylor 
Esqr in the chair. 

The Committee appointed at a previous meeting to revise 
and remodel the laws of the District presented their report 
which with a few amendments (for which, together with the re- 
port of the Committee see printed "Laws of Eureka District") 
was unanimously adopted 

It was moved and seconded that the Deputy Recorder be 
requested to have 300 Copies of the Laws of the District (as 
now amended) printed, also that a committee of three be ap- 
pointed by the chair to obtain subscriptions for defraying the 
expence of printing the laws. 

The Chairman appointed Thomas Smith, W.T. Blair and 
C.J. Hoover as a Committee. Meeting Adjoined 
Thos. Smith Secy. John Taylor, Chairman 

Election Eetums June 4th 1860 

For President 

Wm Park 183 

A.C. Swift 20 



163 Majority for Wm Park 
For Judge of the Miners Court 

John Taylor 209 

For Recorder 

Thomas Smith 141 
Robert Wood 48 

Dr. Goodwin 26 

Majority for Smith over Wood 93 

" Goodwin 115 



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 
aid 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 CominitteeB were requested to report at an adjourned 
meeting of the Miners to be held on Tuesday the 3rd day o£ 
July at 4 o'clock P. M. 

Meeting adjourned, 

Thos Smith Secy. Wm Park Chairman 



Election returns. 


Jime 30th 1860 




For Constable 






J. "FT. Leavenworth 182 


C. J. Hoover 


39 


Eobert Wood 73 


L. Merrithew 


7 


John Swaney 60 


P. Q. A. Fowler 


1 



Majority for Leavenworth over Wood 59 

" Swaney 72 

" '' " " Merrithew 125 

" " " " 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 

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 
by a motion to adjourn 

Thomas Smith, Secy Wm Park, Chairman 

At a meeting of the Miners of the Eureka District held at 
Mr. Merrithew® House on the "Prosser" Ghilch Mr Wm Park 
in the Chair, July 9th 1860. 



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 Eoad up the Prosser Gulch be made 40 feet 
wide instead of 30 feet. 

Also the Road be made straight from the Quartz Valley 
road (Station 13) to Station 17. 

Also, That the old Road be kept open until the new one 
is completed. 

It was then moved, seconded, and carried unanimously 
That the report of the Road Committee as amended be adopted. 

The Secretary read the Majority report of the Committee 
appointed to revise the Laws 

It was then moved that Section 1 be adopted. Mr. Moore 
objected and after some remarks read a Minority report of the 
Committee. 

Each section of the Majority report was then taken up sep- 
arately and the following amendments adopted. 

Section 1. Adopted without amendment. 

Section 2. Amended by adding at close of section "Said 
arbitrators shall be sworn by the Judge of the Miners Court to 
decide the cause according to the evidence 

Section 3. Adopted without amendment. 

Section 4. Amended by inserting after the words "said 
board", which notice shall be served by the Constable or other 
proper officer of this district. 

Section 5. Adopted without amendment. 

Section 6. do do 

Section 7. Amended by inserting after the words "an- 
other board" "to be selected as follows, the Constable shall sum- 
"mon 15 disinterested men, each party shall stricke therefrom 4, 
"leaving 7 who shall constitute the second board, and who shall 
"meet within 5 days and decide the 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 by 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 14. Adopted without amendment 

Section 15. do do 

Section 16. Amended by adding at the close of the sec- 
tion "Said fees not to be contingent" "upon the rendition of a 
unanimous verdict" 

Section 17. Amended by substituting the words "Judge 
of the Miners Court" for "Justice of the Peace" — and inserting 
in the place of "same oflGlcer" the words "Justice of the Peace" 

Section 18. Adopted without amendment. It was then 
proposed & seconded that Section 3 on page 19 in the printed 
laws be so amended as to read after the words "each offence" 
provided nevertheless that the provisions of this Section are not 
intended to apply to sawed Lumber" and omitting the closing 
paragraph which reads as follows "but any timbers that are al- 
ready got out, may be 'removed" It was also moved and sec- 
onded "That the Judge of the Miners Court is hereby authorised 
to issue the necessary proems 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 Logs or Wood being removed from the 
District, make sale of the same, and pay the proceeds into the 
hands of the Judge of the Miners Court. 



84 GILPIN COUNTY RECORDS 

It was moved and seconded that "No person shall be al- 
lowed to divert any water from the original bed of the stream'^ 

Section 19. Adopted without amendment. 

It was then moved, seconded and carried unanimously that 
the sum of Three Dollars be allowed to the President for pre- 
siding at each meeting to be paid out of the funds of the Dis- 
trict. 

Meeting adjourned 
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 
Eoads of this District be divided into three Sections. Section 
No. 1 to extend from the Recorders office to the forks of the 
Pressor and Eureka Gulches — ^District No. 2 from the Forks, 
up the Eureka Gulch, and District No. 3 from the forks up the 
Pressor Gulch 

It wag moved, seconded, and carried unanimously that the 
President appoint one Eoad 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 Supervisors take immediate 
steps for placing the Eoads of the District in good travelling con- 
dition by the means of the voluntary aid of the Citizens of the 
District. 

It was moved, seconded, and carried unanimously that all 
Gambling houses and Drinking saloons that are open for the 
carrying on of their business on Sunday be considered, and are 
hereby declared a nuisance. 

On the application of Mr. John R. Staley for the appoint- 
ment of a board of Arbitrators to settle a dispute with regard 



EUREKA DISTRICT 86 

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

M.D. Cobb John Cree J.B. Dean H. Berry John Wilson. 

It was resolved that the first Arbitrator chosen shall in all 
cases be its chairman. 

Also, That it shall only be necessary for the chairman of 
the Board of Arbitrators to be sworn by the Judge of the Miners 
Court, and that the Chairman be authorised to swear the other 
four Arbitrators 

Adjourned 
Thomas Smith Seoy. 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 resolved 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. 
MeritheVs house on the Prosser Gulch on the 1st day of Sep- 
tember A.D. 1860 H. B. Morse Esqr. in the chair. 

It was resolved that the amendment passed at the meeting 
on the 26th of June 1860 relating to claims be repealed and that 
all claims of whatsoever description whether held by Discovery, 
Purchase or preemption when recorded be held as vested rights 

It was resolved that an election for President be held on 



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. MeritheVs 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 disdiarged 

The report, together with sundry amendments adopted by 
the meeting was as follows 

Sec. 1. Kesolved That the Board of Arbitrators estab- 



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. Eesolved 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 Attorney and they shall 
each have the privilege of striking pff three, and the remaining 
five shall try the case, and that if either of the five be challenged 
for cause, or be absent the Constable be authorised to make up 
the Board from the by standers And said second Board shall 
be presided over by the Judge of the Miners Court who shall 
have and exercise all the powers of the President of the former 
Board except that he shall have no voice in the final decision of 
the case. The said second Board shall receive the same compen- 
sation as the members of the first — ^In all cases the decision of 
the majority of the Board of Arbitrators shall be the decision 
of the Board and shall be fined 

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 Cohstables of said Dis- 
tricts or the SheriflF 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. Eesolved That in all case hereafter where service 
of summons cannot be had personally it shall be deemed suffi* 
cient notice to either post the notice for two weeks in at least 
four conspicuous places in the District or to publish the same 
for two weeks in some Newspaper published within the limits 
of the County which said service of publication made in a news- 
paper shall be verified as required by the Laws of Kansas and 
if made by posting notice shall be verified by the affidavid of 
the Constable or other officer posting the same 

* Sec 10, Resolved That all the Laws or Parts of Laws of 



EUREKA DISTRICT 80 

this District conflicting wilii liie provisions of this act be and 
the same are hereby repealed 

Sec 11. Your Committee would further recommend that a 
Committee of three or five be appointed by the chair for the 
purpose of thoroughly revising and codifying iJl liie Laws of this 
District said Committee to report to a miners meeting to be held 
on the first Saturday in October 

Besolved 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 imiform 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 

Kesolved 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 Gr^ory, Nevada, Quartz 
Valley, Enterprise Illinois Central, Bussells, Lake Gulch, & 
Pleasant Valley Districts in accordance with 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 Resolution we invite the Citi- 
zens of your District to send two Delegates to meet a like num- 
ber from each District, and take the liberty of suggesting that 
the Delegate meeting be held at the Recorder's Office on Wednes- 
day Oct. 10th 1860 at 10 o'ck A.M. to carry out the provisions 
of the above resolution 

Respectfully yours 

Thos Smith Secy. John F. Daggett President of Eureka Dist 

In accordance with the following "call" a meeting was held 
at the Recorder's Office 

At a meeting of the Citizens of Eureka District held at the 
forks of the Eureka and Prosser Gulches on Saturday the 20th 
Octr. 1860 Jno F. Daggett Esq. President in the chair 

It was moved and seconded, That no Tunnel claim shall be 
considered a vested right under the Laws of the District unless 
10 days work shall first have been done in said Tunnell in open- 
ing it, and all Lodes discovered prior to such work having been 
completed shall be excepted from any Tunnel claims, as now 
provided by law, if staked and recorded — 

An amendment was offered by Dr. Hall which was sec- 
onded and carried unanimously. That 

All the Sections in our Laws granting privileges to Tun- 
nelling Companies be repealed, and that they only be entitled 
to 250 feet on each side of their Tunnel on all Lodes discovered 
in consequence of said TunneL 

Meeting adjourned 

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 pass^ 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 "Pressors'' 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 Eecorder to 
provide some room situated near the mouth of Prosser's Gulch 
for the holding of public meetings of the District and for elec- 
tions and that all elections shall be held at that place only. 

It was resolved That the fees of the Recorder for recording 
preemption claims shall be fifty cents for each claim so recorded. 

Dr. Daggett having announced his intention to visit the 
states and it being therefore necessary for him to resign his 
office as President of the District, on motion 

It was unanimously resolved that a vote of thanks be ten- 
dered to Dr. Daggett for the able and impartial manner in 
which he had on all occasions fulfilled the duties of his office, 
and that his resignation be not accepted but that a temporary 
president be elected by acclamation 

On Motion E. W. Henderson was unanimously elected tem- 
porary president of the District 

Thomas Smith Secy. • President 

At a meeting of the Citizens of Eureka District held at 
Mr. Le Fevre^s house near the mouth of the Prosser and Eureka 
Gulches on the 2nd day of Feby. A D 1861 R W. Henderson 
President in the chair 

Judge Taylor offered his resignation as Judge which on 
motion was accepted 

It was resolved That the time for holding the annual elec- 
tion for the officers of said District be held on the second Mon- 
day of Feby. of each year. 

It was resolved That the place of holding Courts in the Re- 
corder's office shall be at or near the junction of Eureka and 
Prosser Gulches from and after the second Monday in Feby. 
1861. 

It was resolved That the sale of property shall not follow 
the rendition of Judgment or the foreclosure of Mortgages in 
less than thirty days, and in real estate it shall be redeamable 
for sixty days thereafter on payment of the Judgment together 
with interest at the rate of five per cent per month from the 
date of the rendition of Judgment 



EUKEKA 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 vs^here 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 accoimt of any tecknicalities in the pleadings or other pro- 
ceedings of the adverse party 

It was resolved That all acts and parts of acts conflicting 
with the above sections are hereby repealed 

It was resolved That the word "thirty" be substituted for 
"twenty*^ on line twenty on page 16 of the printed laws of the 
District. 

It was resolved That in the event of a suit being brought 
on a Note [of] hand no "Complaint" shall be necessary. 

The Hecorder made a short statement and offered the fol- 
lowing Besolution 

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. R 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 9th day 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 hy Mr. Oree — 

Eureka District Feb 7. 1861 

"Whereas at a meeting of the Citizens of this District held 
on the 2nd Inst, the undersigned were appointed a Committee 
to investigate charges made against the Recorder for having 
'illegally sold claims at public auction and recording the same 
claim to more than one person' and having attended to the same 
beg leave to report 

"Your committee gave notice as far as practicable that they 
would hear any such complaints at the Recorders Office on the 
6th & 7th Inst, and accordingly met at the time and place. 
After investigating such charges as were brought before them 
and examining the books and papers relating to the same they 
could not find the charges sustained as embodied in the resolu- 
tion of the meeting last Saturday as preferred against Thomas 
'Smith Recorder 

All of which is respectfully submitted" 

"John Cree 
J.W. Stanton 
James Burrell'^ 

Mr. Burrell offered the following resolution which was car- 
ried unanimously 

Whereas this District passed the following resolution at a 
meeting held on Saturday 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 96 

with vested rights the purchase money be refunded and that the 
Eecorder be authorised to refund the same to such purchasers 

Two resolutions relating to the laws of Kansas Territory 
being in eifect in this District when not conflicting with the laws 
of the District were offered and on motion were negatived. 

It was resolved That miners, laborers and each and every 
person who shall perform labor upon any mining claim or in or 
about any Quartz Mill in this District under contract with the 
owner therof or under a subcontractor, agent, or 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 the Miners 
Court within ten days after the passage of this act and in accord- 
ance with the Statutes of Kansas for the year 1859 in relation 
to mechanics liens. And the same shall apply to miners and 
laborers who shall have performed work and labor in accordance 
with Sec I for four months previous to the passage of this act 
and said lien shall be collected as provided in Section first 

Three divisions took place on passage of the last resolution 
— On the first division there appeared 103 votes against and 92 
votes for it On the second division 98 votes for and 96 against. 
And on the third division 110 votes for it and 90 against. 

Meeting adjourned 
Thomas Smith J. H. Leavonworth 

Secy President 

Eureka District Feb 11, 1861 

At a meeting called by the Citizens of this District for the 
election of OiSScers for the ensuing year the following persons 
were voted for as follows: 



06 



GILPIN COUNTY RECORDS 



For President 

John A. Staley 211 Votes Thos. Gettings 
E W Henderson 99 " Rowin 
J. W. Stanton 20 " Scattering 

And John Staley was declared duly elected. 

For Judge 

W R Gorsline 231 Votes John Cree 

CTator 125 " Scattering 

And W. E. Gorsline was declared elected 



83 Votes 
5 " 
4 



u 



103 Votes 
6 " 



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



For Recorder 

112 Votes E Holley 

81 " WBeU 

79 " CCSpaids 

69 " Scattering 



And Thomas Smith was declared elected 

For Constable 



63 Votes 

39 '' 
18 
4 



u 



u 



J H Leavenworth 


208 Votes Wm. Shepherd 


89 Votes 


J. 0. Trotter 


138 « H. N. Penk 


19 " 




Scattering 


1 " 


And J. H. Leavenworth was declared elected. 






Board of Arbitrators. 




H. Berry 


218 Votes R W. Hraiderson 


82 Votes 


A. P. Wri^t 


176 " J A Haskins 


57 « 


H. Crow 


150 " J H Alexander 


54 " 


•T. P. Bonesteel 


109 " G W Harriman 


52 " 


0. C. Bugby 


85 " C Berry 


13 '* 


A. J. Boyd 


84 " Scattering 


5 " 



And H. Berry, A. P. Wright and H. Crow were declared 
elected 



306 Votes were cast against the Judiciary System 

4 " " " for do 

Whole number of Votes cast were 475 



EUREKA DISTRICT 97 

We hereby certify that having been duly appointed Judges 
& Clerks of the above election that the above record is correct 

Signed 

James Burrell 
T Dwight Beebe 
R. C. Dean 

Judges 

J W Bell 
Jas A Snodgrass 
aerks 

Proceedings of a meeting called by the President of the 
District J A Staley in accordance with the laws and held in the 
building owned by the Eureka Quartz Crushing Co. near the 
forks of Eureka & Prosser Gulches on Saturday March 30th 
1861. President Staley in the chair. 

The Recorder being absent Mr. George LeFevre was 
elected Secretary of the meeting. The President stated the 
object of the meeting was to take into consideration the changes 
of the boundaries of the District, that other Districts had been 
formed without acting in accordance with the laws and in- 
fringed upon our Territory Mr. Leavenworth 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 1.860 unless changed in a legal manner^' which resolu- 
tion was unanimously adopted 

The following resolution was also adopted after much dis- 
cussion and amendments to the resolution as originally offered. 

Resolved by the Citizens of Eureka District in mass meet- 
ing assembled, Nevada concurring, that the dividing line be- 
tween the two Districts shall be the water shed as now estab- 
lished to the dry gulch just above the stable of the C.O.C.&P.P. 
Express Co., from this point the dividing line shall be a right 
line drawn from above point to the North West comer of the 
Alexander Mill and from this point the dividing line shall be 
the middle of the Gregory Guloh until it strikes Gr^ory 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 Nevada for the purpose of establishing the divid- 
ing lines between the two Districts according to the tenor of the 
foregoing resolution. 

The following was laid upon the table to be acted upon at 
some future meeting 

"Resolved that the legal rate of interest in this Distiict 
shall be three per cent per month except where parties may 
atherwise 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 

Ist. That the second section of the Law passed on the 
9th of Feby. 1861 in relation to laborers and miners liens be, 
and is hereby repealed and that all proceedings commenced by 
virtue thereof are declared null and void. 

2nd That the President appoint three Citizens of the Dis- 
trict to amend the first Section of said Law and report at the 
next miners meeting for ratification" 

The President appointed Messrs LeFevre, Harriman tnd 
Lindsley committee to amend said Law 

The President appointed Messrs Leavenworth Norria & 
Taylor committee to confer with authorities of Nevada in estab- 
lishing the dividing line between the two Districts 

"Resolved that Lode claims shall include all the Territory 
embraced within the boundaries as named in Section 2 Pagd 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 6th 
1861 at 3 o'ck P.M 

G. LeFevre Secy J. A. Stanley President 



EUREKA DISTRICT 



99 



An adjourned meeting of the DiBtrict 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 Kev 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 
P. Q. A. Fowler 






Clerks 



G. W. Harriman 
L. Hamilton 



of 
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 
" Eeoorder N. D. Haskell had 
" " Charles Berry 

Whole number polled was 152 
J. P. Clark 
P. Q A Fowler 



3 votes 

117 votes 

35 votes 



Clerks 



Closed 

Attest : N D Haskell 



J. B. Fitzpatrick 
G. W. Harriman 
L. Hamilton 



Judges 

of 
Election 



O 






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. Fitzpatricl l 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 7% oolock P.M the time arrived meeting was 
called by the President Notice of meeting was then read by 
the secretary N. D. Haskell, whereupon resolutions were pre- 
sented and read by Theodore Schintz Esq. when the Ptes 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 8^ P.M, after discussion at some length on the resolu- 
tions offered and read, they were unanimously adopted ; the fol- 
lowing is a copy of the Resolutions 

Whereas : the Congress of the United States, passed an act 
to provide a temporary government for the Territory of Colo- 
rado, and thereby created Judicial Tribunals, which are fully 
organized; Therefore be it resolved that the necessity of our 
miners court no more exists, that no suits shall hereafter be en- 
tertained by the miners court, that all suits commenced in the 
said miners court for Eureka District, since the date of the or- 
ganization of the Territorial District Court in this district, to 
wit since the 17th day of July 1860 should be and the same are 
hereby discontinued ; and the Judge of the Miners Court and 
President of the District are here required to enter such discon- 
tinuancy on record, the l^al 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 concerning claims in the District, and 
the award of such Court of Claims shall be recorded and exe- 
cuted as provided by the laws of Eureka District. No other work 
appearing Meting was adjourned sine Die 
Attest N.D. Haskell Secty L. Hamilton Pres. 



LAWS APPROVED MAY 9, 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, r^ulating the rights of 
persons and of property, and the manner in which those rights 
may be preserved. 

An Aot to Define the Boundaries of Et7beka District 

Section 1. Be it enacted by the citizens of Eureka Dis- 
trict, in convention assembled, That the boundaries of Eureka 
District shall be known and defined as follows — to wit : 

Bounded on the North by Chase's Creek, on the East by 
Gregory District, on the South by New Nevada District, and 
on the West by the middle branch of Clear Creek. 

Sec 2. Be it further enacted. That no change shall here- 
after be made in the boundaries of this District without the con- 
sent of its citizens as hereinafter enacted. 

Sec 3. Be it further enacted. That if any persons shall 
wish to change the boundaries of this District, or erect another 
within the same, or annex any territory before that time, not 

^Eureka District, Lwuoa approved Mwy 9, 1860, Denver. 1860. The 
pamphlet was found among the Sayre Papers. A mutilated copy is owned 
by tike 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 Officebs of Eureka District, 
Their Duties, Term of Office and Fees 

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, 
with 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 
sufficient security in the sum of $500 ; the bonds of the Judge tn 
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' Court, sball 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 servied before the Wednesday next preceding. Nothing 
herein contained shall be so construed as to prevent the trial of 
criminals at any tima 

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 Gr^ory law. Section 6 contains new 
material. 

Sec. 6. Be it further enacted. That the Miners' Court 
shall have equity, as well as law jurisdiction, and may grant 
writs of injunctions upon motion, in all proper cases, and all 
other motions upon proper cause shown, to be supported by affi- 
davits alone, and do all s]ich other acts as a Court of Equity has 
power to do. 

Sections 7 and 8 are the same as sections 6 and 7 of the 
Gregory law, but section 9 shows variations. 

Sec 9. Be it further enacted. That the jury for each 
term of Court shall be drawn upon the Saturday next preced- 
ing each term, in the following manner: the Sheriff, or his dep- 
uty, shall place the names of fifty good and substantial men in 
a box', prepared for that purpose, and the Judge of the Court, 
or the Clerk thereof, shall draw therefrom the names of eight- 
een men, who shall be summoned to act as grand and petit jur- 
ors, for the next succeeding term of Court. When necessary the 
Sheriff may summon talismen, but no person shall serve as jur- 
ors for two successive terms of Court 

Approved, May 9th, 1860. 



EUREKA DISTRICT 106 

An Act in Relation to the Practice in the 

Miners^ Court 

This act is practically the same as the law of Gregory Dis- 
trict with the exception of section 9 and the addition of section 
16. 

Sec 9. Be it further enacted, That no cause shall be con- 
tinued unless upon affidavit of a party or his attorney, or of the 
absence of a material witness, whose evidence is material to the 
issue, which he shall state as he believes he can prove by said 
witness, and that the said party cannot safely proceed to trial 
without the evidence of said witness, which he believes he can 
procure at some future time, which he shall state, or for some 
other good and sufficient cause. 

Sec. 16. Be it further enacted, That in all suits, either 
in law or equity, the order of publication shall be allowed. 

Approved, May 9th, 1860. 

An Act Eelatinq to Teiax and its Incidents 

This act is the same as the Gregory law with the exceptions 
of Sections 3 and 11 and a slight change in the order of sec- 
tions. 

Sec. 3. Be it further enacted. That upon the return day 
of a summons, if either party shall call for a jury, he shall first 
advance the fees at the rate of two dollars for each juror, and in 
cases of Change of Venue found out of the District three dol- 
lars, who shall try the cause, and in case he shall prevail in the 
same, the fees so advanced shall be taxed against the adverse 
party, but in case no jury is called for, the cause shall be tried 
by the Court. 

Sec. 11. Be it further enacted. That witnesses fees shall 
be, in all cases, three dollars for each day, and twenty-five cents 
mileage. 

Approved, May 9th, 1860. 

An Act in Relation to Levy and Saxe upon Execution 

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 Eelatinq 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 Containing oeneral Provisions foe the 
Government of Eueeka. Distbict 

Section 1. Be it enacted by the citizens of Eureka Dis- 
trict in Convention assembled. That the Judge of the Miners' 
Court shall pay over each week, to the Treasurer of the District, 
all monies he may collect from judgments in favor of the Dis- 
trict, contempts of court, and fines of every kind; and the 
Treasurer shall not pay the same out to any person, unless upon 
the vote of the miners, given at some meeting legally called. 

Sec. 2. Be it further enacted, That the President or the 
Judge of the Miners' Court may call a public meeting at any 
time either of them may deem the same necessary, by giving 
forty-eight hours notice, and by posting three notices in as 
many conspicuous places in the District. 

Sec. 3. Be it further enacted, That no timber for building 
purposes, or cordwood, shall be allowed to be cut and carried 
out of this District under a penalty not exceeding one hundred 
dollars for each offence; but any timbers that are already got 
out may be removed. 



EUREKA DISTRICT 107 

Sec. 4. Be it further enacted, That when one Lode 
crosses another, the owner of the claim first taken up shall not 
be entitled to any portion of the Lode that crosses his claim, 
except in his shaft or drift, by virtue of the width of his claim, 
but the first claimant to the ground shall not in any case be im- 
peded in his work by the owner of the claim on the Lode which 
may cross it 

Sec. 5. Resolved, That until the District shall be able to 
build a Court House for the transaction of public business, the 
Recorder shall be authorized to hire a suitable room for the 
transaction of public business, and for the trial of causes. The 
sum of two dollars shall be allowed, to be taxed with the costs 
of such suit, for the use of said room for each trial, but all pub- 
lic meetings of the miners shall be held without charge. 

Approved, May 9th, 1860. 



PLEASANT VALLEY NUMBER 

10 DISTRICT 



LAWS AND MINUTES OF SEPTEMBER 3, 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, unless it is 
staked and the name of the owner correctly written thereon. 

Section 4th And when claims are held by Companies the 
name of each member must appear. 

Section 5th All claims shall be worked within ten days 
after the time they are staked off, in case they are in a Condi- 
tion to be^ worked, otherwise forfeited : discovery claims ex- 
epted, also purchased claims exepted. 

*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 foimd in Pleasant Valley 
Number 10 District, Records. 

108 



PLEASANT VALLEY NUMBER 10 DISTRICT 109 

Section 6th Be it Resolved that all claims nov} held by 
miners shall be good and valid by recording them, before leav- 
ing said mines, or within six days after quitting work thereon, 
until the 20th Day of June 1860. 

Section 7th And be it known, all persons purchasing claims 
by recording, shall hold said claims ; And all claims under the 
old and first law of the District shall be held and valid to the 
owner, or owners as when first laid. 

Section 8th No gulch claim shall contain more then one 
hundred feet in length, and from bank to bank if it does not 
contain more than 150 feet, and in case the Gulch contains 
more than 150 feet in width, claims shall contain 100 feet in 
width and also each claim shall be entitled to an equal fall of 
water. 

Section 9th In case of difficulty between Miners or other 
persons, it shall be settled by a Jury of three or six disinter- 
ested Miners and in case of dissatisfaction they may take an 
appeal to the miners in general. 

Section 10th All claims shall be recorded for the sum of 
fifty cents. 

Section 11th All claims shall be staked, numbered and de- 
scribed with the name of the owner thereon for the sum of 
twenty five cents per claim, commencing at the lower end of the 
District. 

Signed: E, G. Bartlett, 

President. 

LAWS AND MINUTES OF MAY 19, 1860 

Pursuant to a call by Charles Shetler Esq. Pres. of Pleas- 
ant District No. 10 for a meeting of the miners of said district 
at the mouth of Lake Gulch on the 19th day of M&y A. D. 1860 
at 10 o'clock A.M. The meeting was called to order by the 
president and Frank M..Cobb was chosen Secretary, whereupon 
the call for the meeting was read by the Secretary, followed by 
a brief statement of the object of the meeting by the President 
upon which the following business was transacted : On Motion 
of A. J. Monroe Esq. a Committee of three was appointed to 
revise laws and prepare matter for the action of the meeting 



110 GIIiPIN 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, R. H. Montgomery and Mason were 
chosen as said committee. The meeting then, on motion, pro- 
ceeded by ballot to elect a Judge PE.0 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 65 — ^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 J 9th 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 oflfice 

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 Grod 
Attest 

Charles Shetler Pres R. H. Montgomary 

F Howard Recorder 



PLEASANT VALLEY NUMBER 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 passaga 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 the District and may be summoned in the same 



112 GIU^IN COUNTY RECORDS 

form and manner as in the 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 Judgment 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 mu^t pay the Recorder within ten days after the 



PLEASANT VALIaEY NUMBER 10 DISTRICT 118 

time they are recorded, otherwise they forfeit their claim or 
claims. 

9th No miner shall be allowed or entitled to more than 
one ^ guldi, 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 within 
five days after the sale thereof if he is not working the same. 

10th No 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 l^ally 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 
apj)ear on the record of said claim or claims. 

14th Be ;t 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 number is three. 
5 



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 violating the provision 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 September 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 Kstrict 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 before 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 116 

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 Montgomery 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- 
l^es &c 

W Scott 

A. F. Dunshee 

Montgomery 

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

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 purchased 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 said Claim acording to the pres- 

*The next entry in the manuscript is dated October 30, 1860. For 
the sake of chronology other material is here inserted. Another copy of 
the laws of May 9, 1860, with slight variations, occurs at a later point in 
the Teller Manuscript. 

* Minutes from this point through September 3, 1860, were taken from 
Pleasant Valley Number 10 District, Records. 



Comitte appointed 



116 GILPIN COUNTY RECORDS 

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

R. Montgomery, Secretary 
F Howard Recorder of Pleasant Valley district N 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 Necessary Machinery to Wit Quartz Mill &c. 
&c therefore we as Miners & Cityesens deem it proper right & 
Necessary 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, when 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 Ist 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 
No one Shall take up Mill Sites for the purpose of Speculation 

Walter Scott 
A. F. Dunshee 
R. F. Montgomery 
F. Howard Recorder of Pleasant Valley District No 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 Meeting to pass a Law Relative 
to Farming Claims in this district apoint a meeting of the Min- 
ers of this district on Monday Evening August 20th at 7 oclock 
at Mr. Oldhams Store Lake Gulch Quincy City. 

August 17th 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 1 pi i_ Edward Rolph - Judges 

H. E. Glazier J ^^^^^ W. S. Spear J 

F, Howard Recorder of Plasant Vally District 

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



118 GIU^IN COUNTY RECORDS 

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

H. A. Phenney 
A. H. Blair 1 pi i_ Edward Rolph 

H. R Glazier J ^^^^^ .W S. Spear 

F. Howard Recorder of Plasant Valley District 



>■ Judges 



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 Elkhomgulch 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 following 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 TeUer Manuscript. 



PLEASANT VALLEY NUMBER 10 DISTRICT 119 

were struck out in Seotioiis Fifteen and seventeen. Section 
sixteen was adopted without alteration. Section eighteen was 
struck out and the 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 tlieir 
normal state and be open for preemption. Section nineteen 
and twenty were adopted without alteration. 

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

Resolved that in the opinion of the convention one more 
magistrate ought to be created. Whereupon 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. No. 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 Pros, 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 Eesolution 
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 PI. V. Dist. No. 10, in running a dividing line 
between the Kstrict. 

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 Eanch 
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 shaU by his Siifference or neglectof then: 
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 November, 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 foUowing 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 Mountain News was requested to publish 
the proceedings and the meeting adjourned. 

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

^ Rocky Mountain Neu>8, Nov. 24, 1859, p. 1. 
'The laws have not ccnne to light. 



121 



NEVADA DISTRICT 



MINUTES, JANUARY 21— SEPTEMBER 28, 1860^ 

Nevada District R. M. Jan 21st 1860 
Pursuant to call an adjourned meeting o£ 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 
offices 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 Ck>unty, from January 21, A. D. I860, 
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. 

12t 



NEVADA DISTRICT 12$ 

to place the old Eeoords in the hands of the Recorder Elected 
and all so in reff erence to Art 14th whidi 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 by a unanimous vote the right of recorders was 
then taken up and after a short debate it was moved and see- 
ended that J. Beverly give over all books and records belonging 
to the district which he held in his posession to B 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 New Nevada District 
the miners met at the house of J. R. Beverly at 4 O. O 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 del^ats to the convention to be held 



124 GILPIN COUNTY RECORDS 

at Mountain City March Ist A D 1860 for the piirpos 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 Nevada District 
in said convention. 

after which. on motion of I BO Mbrton to amend Article 
32nd of the laws in reference to the recorders fee for Eecording 
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 

New Nevada District April 14th 1860 on call of the Presi- 
dent with the usual notice the miners met at the house of B. 
Burroughs in Nevada 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 resignation 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 payinfij in to the hands of the president five Dollars 
for to pay him f o7postiBg 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 shoHild notify him of the proceedings of the meeting th 
meting then a joumed ' 

J. W. Fri6s President 
R D Darlington Sect 



NEVADA DISTRICT 126 

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 oflFerei 

1st. Resolved that wee will Sustain R. D. Darlington as the 
recognized Recorder 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 by 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 New 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 
liable to a fine of $50.00 and be warned to discontinue t!he 
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 be given to the Sheriff 
while the remaining half Shall be Deposited with the president 
Subject to the order of the miners in Mass Meeting Adopted. 



126 GILPIN COUNTY RECORDS 

On Motion the meeting then ajoumed to meet on the Last 
Saturday in May the time of the next r^ular meeting 

I H Morton President 
R. D. Darlington Secretary 

Monday May 14th 1860 

Persuent to a cald meeting of the miners of New Nevada 
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 to order and after remaining open for sum time 
and No buisness being brought befor it a motion to ajoum 
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. Blirroughs 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- 



Committee 



NEVADA DISTRICT 127 

dents or active operators of the district and that the laws oi 
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 
R. D. Darlington 
S. M. Link 

5th Resolved. That all claims made by purchase in good 
faith, shall be held as real estate till the Ist of June 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 der 
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 
forcibly driven from a claim which she held and worked last 
summer, therefore we the miners of this Nevada District award 
the claim to Mrs. Shields and deprecate all such forcable means 
of taking possession of claims. 

9th Resolved. That all roads and streets now laid off 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 Saturday in June 1860. 

L H. Morton, Presd, 
R. D. Darlington, Secy. 



128 GILPIN COUNTY RECORDS 

Nevada 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 
Eesilution. 

Resolved That while we Eeoognize 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 Nevada District declare that all attempts to cut 
down or take the Legal and Equitable Eights of Miners or Claim 
Holders when Clearley secured by previous Existing Law Shall 
be Considered incendiary and Revolutionary and all persons so 
offending shaU 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 An 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. 

Nevada District, Saturday July 28 1860. \ 

At a regular meeting of the Miners of Nevada 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 BesolutioHy 
"Resolved by the Miners of Nevada District in Council as- 
sembled^ thkt 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. 

' Nevada District Aug 25/60 

At a regular meeting of the miners of Nevada 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 worked 
as though no previous right had existed — Carried. 

Mr. Link off erred the following: 

Whereas, the Lode 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 Eesolved 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 will prostrate 
our best mining interests and reduce to the necessity of stopping 
mining operations or abandoning the best of claims. 

2nd. Eesolved — 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. 

Eesolved — 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. 

E D Darlington Secy 

Nevada District Sept 1st 1860 

At a meeting of the Miners of Nevada District held at the 
office of the Eecorder 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 Eeal Estate would report the following in lieu of 
the original to wit 

Eesolved 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 Eeal Estate in fee 
simple from and after the passage of this Eesolution provided 



NEVADA DISTRICT 131 

that all claims before they shall be considered as Seal Estate 
shall if not already recorded, be recorded in the Eecording Of- 
fice of Nevada 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 cen- 
ter at the ends of each claim defined as lead claims also a stone 
or stake well driven in the ground at the comers 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 off 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 

Resolved 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 

R 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. 

R D Darlington Sec 

Adjourned from Septr to Oct 

At a regular meeting of the miners and citizens of Nevada 
District held at the Recorders Office, 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 Resolved 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 by this resolu- 
tion 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 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 Nevada 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 
Nevada 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 under 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 % of a mile from the Gulch Stream and any per- 
son violating this law shall be fined $60.00 for each offence. 

6 That the several Butchers of Nevada be notified by the 
Sheriff to bury oir 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 own behalf unless the[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. 

NEVADA 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 ditch 
almost every day for a week past, to dear 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 
r^ret 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 f rcmi water from the gulch, 
and their own wells, and such 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 

^Rookf^ Mountain News, November 21, 1860, p. 2. Unless designated 
by the word dwily, 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 News 
office, to the prospective institution. Gk)od 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 the gulch. 



136 GILPIN COUNTY RECORDS 

Within the past two months a good deal of improvement 
has been going on in this guldi. New 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 Nevada, 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 prospects. 

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 diflSculty between the 
officers of this and Spring Ghilch, 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 
oflFence. 

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. Eublee, a prominent citizen of this district, died 
here last night. He was from La Crosse, Wis., and was much 
respected 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 r^arding 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 today was warm and pleas- 
ant. To-night the thermometer is 10 d^rees below zero, but it 
don't feel near as cold as it would in the States at that figure. 

^ DaUy Rooky Mountain New8, November 26, I860, p. 2. 



138 GILPIN COUNTY RECORDS 

Some of the mills are running from guldi 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 being 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 Nevada: 

Against Jud. For Jud. 

At Upper Polls 264 79 

At Lower " majority 32 



Majority against Judicial 217 

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

Spectator. 

FROM NEVADA GULCH^ 

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 offices 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 News, January 19, 1861, p. 2. 



NEVADA DISTRICT 139 

trict, speaks well for their intelligenca 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 my 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 Be- 
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, 1861, p. 2. 
* Daily Rocky Motmtwi/n 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 five 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 Citv, 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 



^^EVADA 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 l^al 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 GULCHi 

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 the 
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 men, but 
they were again beaten — ^the result of the new election giving 

^DwUy Rocky Mountain News, February 20, 1861, p. 2. 



142 GILPIN COUNTY RECORDS 

a majority to the old oflScers. — The enthusiasm of the people 
knew no bounds on the evening of the last election; bonfires 
were lit up on the hill above Nevada, 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. 

Editors 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 News, April 10, 1861, 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. L F. 
AUom and M. 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 serv- 
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 C. 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 Mountaineer having now 



144 GILPIN COUNTY KECOKDS 

simmered down 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 Nevada, 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. No won- 
der, for he is a fine little fellow, and respected by all who know 
him. 

A. E. Quild cleaned up in three mills, from quartz from 
his Kansas claim, this week : at Stanton & Sanf ord^s mill. Eu- 
reka, $750.30, from 2^/^ cords; at WhitcomVs mill, here, 
$575.80, from 2% 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. Tours 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. R 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 Rooky Mountain Newe, April 27, 1861, p. 2. 



NEVADA DISTRICT 145 

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

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

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

Whereas, By the enterprise of the Bocky Mountain News 
Co. of Denver, we have been, upon several occasions, put in pos- 
session of the lastest tel^raphic 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 Bocky Mountain News with 
r^ard 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 

its interests in the mountains. rrr m • -»r • 

Wm. Tram Muir, 

Jno. W. Bemine, 

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^ -p^ Tia.:\;r.^r.r. Q^^ 

e 



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 A D 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 Mountains^ 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 harmiony 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 lie Boundaries and adopt a Code of laws for said con- 
templated District. 

K G. Bartlett President 
Alpheus Wright Secretary 

Feby 13th 5 O.C. P M. Met according to adjournment. 
On Motion it was agreed that the Summit 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 known 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. 

^Wisoonsin District^ Book B. 

'No records of Eagle District have been found. 

'Later known as Errick Gulch. 

146 



WISCX)NSIN DISTRICT 147 

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

Art Ist The Officers of the district shall consist of a 
President^ Secretary (who shall also be Becorder) and a Stake 
Master 

Art 2nd It shall be the duty of the President to preside 
at all r^ular called meeting3 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 daims, 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 slial a*t 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 daim, & 
shall have twenty-five cents for Staking each claim for his serv- 
ices 

Art 5th Ko person shall hold more than one claim upon 
each Qulch or Quartz Lode by preemption and but two by pur- 
chase of 100 feet each, the Qulch 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 di^ngs shall be 
entitled to one claim of 100 feet in length and of usual width 
as a Discovery daim 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 June 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 privil^e 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 MineFS 
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 



WIPCONSIN DISTRICT 149 

MEETING OF MAECH 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 within 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 st^ich, 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. Bobinson chairman^ Alpheus Wright Sec It was resolved 
that the White Quail IHstrict 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.GkBartlett colled to 
the chair as President Pro tem, and proceeded to vote for Presi- 
dent & Thomas Bockhill 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 Becorders office, & for each mile of travel he shall be ^iti- 
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 

Besolved that claims lying in a place that is necessary to 
have a drain ditch that person or persons owning claims diall 
be allowed to dig the same through the adjoiniiig 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 r^ular called meeting according to notice & Petition 



WISCONSIN DISTRICT 151 

aocording to law, the miners of Wisconsin District assembled 
at 5 00 P.M. Meeting called to order by 1^ President, and 
the following laws were enacted and passed. 

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

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

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

4" Eesolved 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" Besolved 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 Beoorder then resigned &; on an in- 
formal Ballot being taken was declared by the President, to 
result in no election there being no miajority, 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" Eesolved that the officers 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" B 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 by a vote of the two districts attached to Wis- 
consin district, & be hereafter known as Wisconsin district. 

There being no further Business the Meeting Adjourned 
Sine Die. 

RESOLUTIONS OF SEPTEMBER 16, 1860 

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

Ist 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 eadi 
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 r^ularly once in ten days until they shall have tun- 
nelled in fifty feet after which they shall hold good without 
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 168 

covered previouB 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" Sesolved that all water claims shall be measured 
up & down the stream taking the general course of the Greek 
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, B 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. Amdt 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 1860 The 



164 GILPIN COUNTY RECORDS 

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

On Motion of E.R Newman the following Resolution 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 Conmiittee 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. Amdt, 
E.L. Moody & G.W. Hawkins were elected said Committee. 

On Motion the meeting was adjourned "Sine die" 
J. Wallace Amdt President E.L. Moody Rea 

MINUTES OF NOVEMBER 24, 1860 

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

That the Miners of this District give permission to Mam- 
mouth City Road Oo to build a Toll Road from Mammouth 
Oily down Boulder Oreek 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 Amdt 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- 

^Wisconsiii 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 Qeo W 
Eing was chosen President pro tern and E B Newman 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 following Laws as revised were adopted 

Boundary of Wisconsin District 

Be it enacted That the boundery of Wisconsin District be 
as follows Commencing on the srunmit 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 tie; to 
preside and act as Judge of the Miners Court to be held in this 
District 



166 GILPIN CX)UNTY RECORDS 

Art 3rd Be it further enacted That it shall be the duly 
of the Becorder 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 length 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 firJn 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 entitled 
to one Tunnel claim in the District by Location and shall hold 
good without labor till the 1st day of July 1861 if recorded 

Art 17th Be it further enacted That the said claims shall 



158 GILPIN COUNTY RECORDS 

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

Art 18th 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 Timnel 
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 foimd by the Tunnel 
Company the discoverer thereof shall be entitled to the claim 
down 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 per- 
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 
drainin^r 

Art 24lii 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 imless 



WISCONSIN DISTRICT 159 

he own in this District such a claim or claims as said business 
shall pertain to to wit a Lode Gulch or Water claim 

Art 26ik Be it enacted That all motions made at a meet- 
ing o£ 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 stamiping 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 30th Be it enacted That an annual meeting shall be 
held for the election of oflScers 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 n^lect 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 Eecorder may call 
a meeting for his trial in manner as hereinafter provided 

Art 32rd Be it enacted That when a petition shall be 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 disr 
trict stating the object of said meeting it shall be the duty of the 
President to call in manner as hereinbefore provided a meeting 
agreeable to said notice 

Art 33rd Be it enacted That the Stake Master may have 



160 GfLPlN COUNTY RECORDS 

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 thei 
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 judgments 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 
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 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 be 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 ihe 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 aUe- 
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 amoimt 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 Ae 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]eadiiig subsequent to another shall be 
taken as confessed and true 

Art 42nd Be it further enacted That all pleadings sub- 
sequent 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 
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 affect 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 wilt 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 47th 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 pub- 
lication in some public newspaper printed in the counly 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 plaintiffs 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 51st Be it further enacted That new trials 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 



164 GILPIN COUNTY RECORDS 

be discretionary wilt the court 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 arival 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 
sufficient 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 judgment, 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 parly 
shall be in all casee 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 with 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 proceeding 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 monev 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 be 
recorded on his books and the court shall pay the same to the 
proper parties or their attorney 

Art 64th Be it further enacted That all laws conflicting 
with those passed by the citizens of this District at a public 
meeting held on the 13th of December 1860 are hereby repealed 
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 Qeo W King was elected President 
E B Newman Recorder Joseph Babcock Sheriff and C Walsh 
Stakem'aster 

On motion meeting adjourned 

E B Newman Sec 

MINUTES OF JULt 4, 1861 

At a meeting of the miners of Wisconsin District held July 
4th 1861 the following 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 Eouschmayer 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 shall be held on the first Mon- 
day of July and December respectively of each year for the pur^ 
pose of electing officers & 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 eadi 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 bein called 
to order I Janney [blank] were appointed tellers and meeting 
proceeded to the election of offibcers which resulted as follows 



168 GILPIN COUNTY RECORDS 

Geo W. King was elected President E B Newman Re- 
corder S V Card Sheriff and E P Hammond Stakemaster 
On Motion meeting adjourned 

E. B. Newman Sec 

MINUTES OP JULY 24, 1861 

Mammoth City July 24th 1861 

At a meeting of the miners o£ Wisconsin District held July 
24th 1861 the following resolutions were passed 

1st Resolved that we grant to the miners of Erick Gulch 
the privil^e 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 

MINUTES 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 00 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 mada 

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 

1st 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 & made ex officio 
Treasurer 

2nd Resolved that said tax may be worked out by the 
payor at the rate of three Dollars per day on the Road & board 



170 GILPIN COUNTY RECORDS 

liiinself 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 officers 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 November 
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^ 

Mammoutli 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 Hendrickson 
were chosen to draft said rules and regulations and were re- 
quested to make their Report on the 26th day of August 18'60 

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 Chairman 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 fol- 
lows to wit Commencing at the north west comer 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 

^Wisconsin District, Book G. Climax District was annexed to Wis- 
consin District in December, 1960. 

171 



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 meetr 
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 vdth 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 Eecorder shall be allowed fifty cents for recording 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 Notice 

The Stake Master shall be allowed fifty cents for staking 
each Claim 

After the addoption of the Resolutions, On Motion W L 
Conant was elected President Ed L Moody Secretary J Bab- 
cock Constable and E W Andree Stake Master 

On Motion meeting adjourned to meet Sep 8th 1860 

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 
1860 

W L Conant Pres Ed L Moody, Sec 

September 15th 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 Whereupon the following reso- 
lutions were offered and adopted 

Eesolved that "The Valley City Town Company" be al- 
lowed to claim three hundred and twenty acres as a Town Site 
by having it recorded within fourteen days after claiming the 
same; and erecting a comfortable dwelling house on the said 
Town Site 

Resolved That any person shall be entitled to preempt 160 
acres of land by having the same recorded within fourteen days 
after claiming the same 

Resolved that Art 13th of the District Laws be amended 
by striking out the word eight before days and inserting 
fourteen 



174 GILPIN COUNTY RECORDS 

On Motion meeting adjourned for three weeks 

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. Newnam 
Eecorder Climax Dist 



CENTRAL DISTRICT 



MINUTES OF MAY 15, 1860^ 

This meeting lias met according to previous notice & the 
Laws ware addopted with the amendment of the time for open- 
ing claims, instead of being the 15 th 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 Eec- 
ords of the September Organization on Lump Oulch & 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 LUMP GUL0H2 

Central District, Dec. 14, [I860]. 

Editors News: — ^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, pofih 
sesses, I believe, advantages and resources not excelled, and 

^This is on the last page of Central District, Book A. 
* Daily Rooky Mountain News, December 18, 1860, p. 2. 

175 



176 GILPIN CX)UNTY RECORDS 

scarcely equaled, by any district in the mountains. It appears, 
from tibe 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 tmder 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 oxir 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 felloVs 
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 soimd 
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, &c., "Doc." 



INDEPENDENT DISTRICT 



MINUTES. 



At a meeting of Miners held on Mammoth Gulch near the 
foot of Longs Peak on the nineteenth day of May A.D. 1860. on 
Motion Van Zumwalt was appointed President and Hiram 
Hammit Secretary. 

Upon Motion the following Kesolutions 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 peace 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 be 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. Heffener, 
E. B. Fitts and B.F. Dunn, Comittee. 

On motion it was agreed, that the Boundery lines of said 
District shall conimence 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 Comer of Wisconsin 
District, thence West with said District to place of beginning. 

On Motion it was agreed to meet Fryday the 25th of May 
1860 at van Zumwalt at 2 oclock. 

H. Hammitt Recording Secretary 

^Wisconsin District^ Book I, contains the minutes and laws of Inde- 
pendent District. 

177 



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, 1860, 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 
DiSTBicT, theib Duties, Tebm 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 ofiice and numbering from discovery 
claims 

On Motion an Sec Judge was Elected RM. Brisee was 
elect 

No further buisness apearing the Meeting ajomed 

H. Hammitt Recording Sect 

LAWS REVISED AND ADOPTED FEBRUARY 15, 1861* 

Officees of the Distbict. 

President Dr. H. Wame. 

Recorder. W. B. Osbom. 

Sheriff. R 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 tx) 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. H. Wame, 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. B. Osbom chosen 

^ Independent District, Laws . . . revised wnd adopted February the 
15th, A, D, 1861, Denver, 1861. 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 
lElast line of Independent District running North 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 Eecord^r 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. 

Shebiff 

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 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 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. 

COUETS 

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 summon 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' 
longing 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 himdred 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 himdred 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. 

Notice of Elections and Meetings 

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, &a, that he may 
deem proper, and any person so deputized shall proceed to dis- 



184 GILPIN CX)UNTY 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 costs that 
may accrue. 

JlTDGMENT AWD ExBOUTlON 

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 l^al 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. 

PBORA.TB 

Section 13. The Judge and Eecolrder shall have power 
to choose a third person, and have probate jurisdiction of a do- 
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. 

VioiLANOB 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, vrho 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 IKstrict treasury. But the informant shall 
be liable, at all times, to all costs that may accrue, provided 
there is no cause of action. 

Lawyebs 

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 himseH 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 r^on^ or since the arrival of such debtor 
therein. 

Duties of Becobdeb^ &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 fees, 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. 



t\ 



186 GILPIN COUNTY RECORDS 

never to be taken from the possession of the Eecorder. All peiv 
sons shall be entitled to copy any record, at any time, and the 
Eecorder shall deliver over all books and records to his successor 
in office. In case of absence, interest or inability of the Presi- 
dent, the said Recorder may act in all cases 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 jre 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 amoimt 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. 

Writs of Attachment 

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. Notice 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. 

Gabnisheb 

Section 20. Garnishee process may issue as part of the 
original writ, to be served 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. 

Wbit 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 that 



v 



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 plainti£F 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 hin^ at a time and 
place in said. summons mentioned, to answer unto said plainti£F 
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 plainti£F for the unlawful detention thereof; and if 
the Plainti£F 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 sidt 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 defendant for all costs and damages, to be deter- 
mined as in other civil cases. 

Liens 

Section 23. Any 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 Hiohways 

Section 25. There shall be appointed by the President 
three Eoad 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 feeff. 
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 such 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 fif Jy 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- 



INDEPENDENT DISTRICT 191 

nel claims shall have only the right of way across all lodes that 
may lie in the course of said tunnel that is staked, marked and 
recorded according to law. 

TowN& AND Villages 

Section 28. Any person, or persons, laying out a village, 
town or city, in this District, shall erect some prominent monu- 
ment as a starting point, and file with the Eecorder 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 town or city, and the 
Eecorder 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 preemption 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 claitns shall be 
staked and marked as such. All legal claims shall be held 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 numbers,) 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 Eecorder within 
twenty-four hours from the time of staking, and recorded within 
fifteen days. Filing of all claims shall be free. There shall be 
no timber claims allowed. No claims shall be valid, if taken 
by a person not residing in the vicinity of the Eocky 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. 

Wateb Power, &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 himdred 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 tihe 
right of way secured to them, and may pass ov^r 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 SheriflF 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 ly^ 

Serving in criminal cases 50 

Attending Prisoner before court or jury 50 

For each mile travel, computed each way 5 

Appraisement of Property • 76 

Advertising Property for Sale, besides actual expenses. 75 

Levying Execution 60 

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, 2% per cent . . . 
On all sums over five hundred dollars, one per cent. . . . 
If made without sale, on all sums under five hundred 

dollars, 1% per cent., and over five hundred dollars 

% per cent. 

All fees not enumerated to be in proportion to those 

enumerated 

Witness' and Juror's Fees, per day .2 60 

IN'bw Lodes 

Section 36. 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, &e. 
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 have the right to name the 



V 



% 



194 GILPIN CX)UNTY 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. 

Cboss Lodi» 

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. 

MUBDEB 

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. 

Pebjuby OB 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 Fibes 

Section 40. Any person who shall wilfully, maliciously, 
or through negligence, set out any fire in this District, or so that 



IJ^DEPENDENT 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. *A11 gambling houses and houses of ill fame 
or prostitution, shall be considered a public nuisance and treated 
as such. 

BOUNDAEIBS 

Section 43. The boundaries of this District shall remain 
as fixed by the committee elected for that purpose on the 16th 
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 Eoab 

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. 
Eevised Laws of Independent District, as passed at a meeting 
legally called for the adoption of said Eevised Laws, which said 
meeting finished said labors on the 19th day of February, A. D. 
1861. 

Given under our hands, at said Independent District, the 
day and year aforesaid. 

W. B. Osbom, Secretary. David Eipley, Chairman. 



FAIRFIELD DISTRICT 



MINUTES AND LAWS.* 

Boundaries of Fairfield District, as formed May 28th I860.* 
Commencing at the Discovery claim and from thence run- 
ning West, or up the creek one mile, and from the Discovery 
claim down the Creek to the West 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 Cuitimings 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. Ferguson 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. This is a 
bundle of unbound sheetis. 

'The provision regarding boundaries was placed in the manuscript 
after the minutes of the meeting of July 9, 1860. 

197 



198 GILPIN CX)UNTY RECORDS 

Fairfield District July 2iid 1860. 
Meeting convened pursuant to adjournment. 

The committee appointed at a Subsequent meeting to revise 
the laws formerly adopted by the citizens of this IMstrict 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 
Oode 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 <5itizens 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 760 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, 
Bace, 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, 
imless 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 oflF, 
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 he 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 claimSi 
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 tho 
provisions of this act are hereby repealed. 

Geo. R Wilson. CSbr. 

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 Sufficient 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. K Wilson, Secy. 



FAIRFIELD DISTRICT 201 

Fairfield Di&trict July 9ih 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 r^ard 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 
Cummings on said committee. 

On motion the meeting adjourned to meet at the Record- 
er's office, next Monday Evening. 

Monday Evening July 16th 1860. 
Eecorder's Office 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 E% 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 oflfored 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 Sherriflf E Nagle, J P Han- 
nans Wm M Todd. Vance was elected Recordr J P Hannans 
Sherriflf 

A. P. Vance Recorder 

Fairfield 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 Claimd 

& staked them off, & had them Recorded according to Law be 

declared the lawfuU owners thereof, on vote the motion carried 

Mr Nagle oflfered 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 Keoorders 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 

Eesolved: 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 whoe duty it shall be 



204 GILPIN COUNTY RECORDS 

to post notices on each portion of the road declared a Nuisance 
by the Inspector, that unless Said Boads is made a good passable 
wagon Eoad for loaded teams within ten days from" the time 
the [notices] are posted each persons water Claim lying oppo- 
site said condemned Boad 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 Boad Inspector 
On Motion Inspector was to report immediately to Clerk 
On Motion Meeting adjourned 

A. P. Vance 

Sect 

Becorders Office Fairfield Dist Sept 24:th 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 Besolutions 
passed Sept 11th 1860 in relation to an Act appointing Boad 
Inspector &c. reconsideration was granted, when on Motion 
the Said Besolution was repealed by a large Majority 

Mr Dewey offered the following as an amendmet to Sect 
4:th of the Nuisance Law which was adopted Ist. Be it enacted 
by the Citizens of Fairfield District North 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 DI8TRIC5T 205 

Srd And be it further enacted that the fines thus accrued 
arrising from the violation of this law shall become a Road fund 
and shall be applied on the Roads of this district 

Mr Dewey offered the following amendt to Sect 6th of an 
Act regulating the duties of the Sheriff of this 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 Nuisances and in case of Nuisances 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 
tea dollars the afforesaid damages to be collected as provided for 
in the Nuisance 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 Nevada 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 Ith 
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 i& 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 Confiicting 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 & Oairens 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 by the President 

Mr Sayers 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 adjourn 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 "FairfieW 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 

0^0. 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 
1860, 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 this Dis & 
Judge Sayre be Chm of Committee, Carried 



206 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 Boad Company, offered a Eesolution pray- 
ing for Charter to said Co to construct a Toll Boad through this 
Dist Eesolution being discussed question was called & on vote 
Charter was granted unanimous 

A Delegation from Enterprise Dist came in an offered a 
Besolution which was decided out of Order 

On Motion meeting adjourned until Monday night March 
26th 1861 

E Nagle Sect 



ILLINOIS CENTRAL DISTRICT 



LAWS^ 



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 Ree^, 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 Boundabies of Illinois 

Centeal District 

Sec 1st Commencing on a small bluff, J^orth 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 Moun- 
tain, thence South Westerly following the divide to a point of 
Rocks near the head of Gold Run and Leavenworth Ghilch, 
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 WilHs 
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 111. 
Cent. District. 

Sec. 2. Be it further Enacted, that no change shall here- 

^The laws are in duplicate as far as the ''Act in Relation to the 
Officers of the Illinois Central District, their Duties, Term of Office, and 
Fees." The manuscripts were found among the Say re Papers. 

209 

8 



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 Mill Site the distance 
of Two Hundred and fifty feet square — ^when applied to a 
Ditch claim — ^the entire distance Staked oflf 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 

See 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 — 



ILLINOIS CENTRAL DISTRICT 211 

Sec. 4. Be it further Enacted. That No 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 oflf — 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 be re- 
garded as good and valid, unless it be Staked oflf, with the own- 
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 Notice of the same thereon — 

Sec. 9. Be it further Enacted — That all preemption 
claims — ^which have been or may be taken up 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 Eecord 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 be 
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 — there- 
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 suflScient 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 — 



ILLINOIS CENTRAL DISTRICT 218 

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 Eecorder, 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 oflf — on the line of 
said Tunnell, so that the required Nimiber 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 l^ally 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 RECOEDS 

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. 

See 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 each 
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 

writs 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 officers 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 

See 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 

A'N Act Establishing a Miners^ Court and Reghjia.ting 

ITS JUBISDICTION. 

Sec 1. Be it enacted by the Citizens of the ^^lUinois Cen- 
tral District" That the regular term of court to be known 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 is 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 issuing 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 try 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 6. 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 serve as a Juror for two 
successive terms of Court 

An Act in Relation to Practice in the Miners' Coubt^ 

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 
known as Plaintiff and the Adverse party as the Defendant 

Sec 3. All actions must be bvought 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 Must 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 Petition 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 oath of the parties also the replica- 
tion and denial 

See 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. 

See. 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 
ufiod 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 pcirty 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 mth- 
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 praxstice 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 cjonsecutive 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 
coimty — 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 
l^al notice — ^he shall still be held liable to the amount of Plain- 
tiffs Judgment and cost if he was indd)ted to that amount when 
service was made; And if in a smaller sum 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 before the 
Miners-^That he or they should refuse to abide the decision so 

* The Provisional Territory of Jefferson. See Jerome C. Smiley, Semi- 
Centennial History of the State of Colorado, I, 327-362; Frederic L. Pax- 
son, The Territory of Jefferson: A Spontaneous Commomoealth, in Univer- 
sity of Colorado, Studies, III, No. 1, pp. 15-18. 



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 Juiy 
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 

Seo 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 

Baid 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 casee 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 Man 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 levy and sale upon execution — 

Sec 28. Be it further enacted That all property taken in 
execution shall be advertised by posting 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 cent 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, transferring Judgment on docket 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 affidavit 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 by 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. 

An Act Eelating 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 

See 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.^ 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 imi 
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 numhered in the original. 



^ 



224 GILPIN COUNTY RECORDS 

Sec. 6. 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 imless 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 Eecorder on the 
morning of the election who shall act as Judges of said election 
and also two clerks. And liie 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 be 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 under 
th provisional Government — And in all Cases the Appeal bond 



ILLINOIS CENTRAL DISTRICT 285 

shall be given within 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 

Secw 13. Be it further enacted That the Judge of Miners 
Court shall not be required to summon jurors for the regular 
term if by agreement of ike 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 didtrict shall hold their offices until the 
first Monday of . . .^ 

AMENDMENTS PASSED JANUARY 24, 1861* 

At a Meeting of the citizens of Illinois Central District 
held at Missouri City Jan 10th 1861, L W Bbrton, A Marsh and 
Mark A Moore were appointed a committee to revise, codify and 
amend die 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 manuBcript is missing. 

'This manuscript was found amcmg the S^yre Papers. The manu- 
script evidently contains the amendments suggested hy the committee. The 
words ''passed^' and ''stricken out/' written in the margin, indicate which 
sections were adopted and which were rejected. 



226 GILPIN COUNTY RECORDS 

Be it further enacted that service may be had by publica- 
tion, advertizing 30 days in a weekly paper, upon a Non-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 oflSoers 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 run 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 ovmers 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 
ovm 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. 



ILLINOIS CENTRAL DISTRICT 227 

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 has any direct legal interest in the event of the Suit — » 
except those interested are called upon by the oposite party. 
Passed. Jan. 24, 1861 



228 GILPIN COUNTY RECORDS 



PROPOSED LAWS^ 

Article 16th the Justice (or President) shall be entitled 
to five dollars for presiding at each trial and making out the 
papers. 

Article 17th 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- 
f asing 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 f rome the mins and 
property confiscated 

^ These were on a loose sheet in Illinois Central District, Book I. They 
appear to be suggestions to be proposed for adoption. 



ILLINOIS CENTRAL DISTRICJT 229 

Article 26th Any person found 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 otherwise 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 16th 1861 

Article 30th 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 Reso- 
lutions & Laws were adopted. Whereas we the Citizens & min- 
ers of the fourth Sectioil 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 Sunmiit 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 Eecorder 
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. 

230 



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 60 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 in 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 be 
required to Record Number of his claim commencing at the dis- 
covery claim the first to be No. (1) one and numbered each way. 



a32 GILPIN COUNTY lUSCOKDS 

Section 6th Mill Claims 
Any person may have the right to erect Mills in this dis- 
trict but wU 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 himdred & 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 & having 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 irecorder all Claims now staked hold good for thirty days 
with recording Resolved that the Recorder give notice to all 
adjoining districts of the proceedings of this Meeting. 

Laws Passed ITovembeb 17th 1860 

Resolved that all persons that hold Olames 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 paities Can agree to have settled in some other Dis- 
trict, by a Miners Meeting or a Jury of twelve. 



HAWK EYE DISTRICT 233 

LAWS OF 18611 

At a meeting of the miners and citizens held on Aprile 
27th AD 1861 the following Laws were Adopted 

Officers 

Thare shall be one President, one Sheriff and one Ee- 
corder, who shall be elected ajiually on the last Saturday in 
Aprile by the legal voters of the District and hold their respec- 
tive offices until 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 
Deputyes 

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. PoUes are to be opened at nine o'clock A. M. 
and close at sic o'clock P. M. At the close of the poUes 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 Disr 
trict a Sheriff who shall hold his office until the next anuel elecn 
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 with the remaining 
officer or officers of the District, which officer or officers shall 
immediately call an election to fill such court's vacancgr. 

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 jury 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 himdred 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 

Notice 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 oflScer 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 
o£Scer 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 offi- 
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 be 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 
cajse 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 

Upoix 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 aflSdavit 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 the demand over to 
the defendant after legal notice, he shall still be held liable to 



240 GILPIN COUNTY RECORDS 

the amotiiit 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 sunmions men- 
tioned to answer unto said plaintiff for the unlawful detention 
of said proper^r; 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 uU 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 aiid 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 person performing labor or furnishing material for 
any building 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 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 tunjiel 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 owners 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 Eecorder 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 Eecorder 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 himdred 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 
the 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 

No claims shall be valid if taken by a person not residing 
in the vicinity of the Kocky Mountains. No 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 himdred 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 

SherifPs Fees 
The sheriff shall receive for his service the following fees 
to wit 

Surving summons for eftch person therein named $ .25 
Writ of Mandams .50 

Supoena for each <person therein named '12% 

Serving writs of Attachment .75 

Replevin .76 

Order or notice of Court .26 

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 -07^^ 

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 2^ per cent 
On all sums over five hundred dollars one per cent 
If made without sale, on all sums under five hundred 
dollars 1% per cent and over five hundred dollars 
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 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 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 8€tt out any fire in this District, or so that it comes into 
this District and destroy any timber 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 liable to all parties 
injured thereby 



246 GILPIN COUNTY RECORDS 

Nuisances 

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 l^al 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 Southemly 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 



RESOLUTIONS 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 1861 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 Weatem line of Dead Wood 
District^ — ^thence running Southerly in such a course as shall 
strike the head of Jefferson Canion — 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 terminate 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 North across the head or upper end of 
the Park and thence runing North 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 3ath, 1861. 

'No records of Deadwood District have been found. 

247 



248 GIU^IN 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 II. — 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, 
when a petition is signed 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 duty 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 
within this District according to the laws of Kansas. 

Duties of the Justice of the Peace. 

Sec. VEIL 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 Bond ivith good and sufficient 
security for the payment of all costs, and for all damages in 
case of attachments being wrongfully sued out. 

Sec XI. — 'So 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 XIII. — 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 alleged in his affidavit. 
Viz, That he believes the defendant in the suit pending, is about 
to abscond, or dispose of his property to defraud his creditors. 

9 



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- 
iffs 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. XVIIII. — 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 261 

Sec II. Eecorder's Fees. 

The Recorder shall be entitled to fifty cents for recording 
each claim; fifty cents for a Deed or any other instrument of 
not more than one hundred words, and at the rate of fifty cents 
for each additional one hundred words. 

Sheriffs Fees. 
Sec. III. Sheriffs fees «hall be double of that which is 
allowed a SheriflF by The Eevised 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, (granting same privi- 
ledg© 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. 11. 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 



262 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 by 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 Gama- 
shee, or seperately, or it {may be issued after execution is re- 
turned unsatisfied; in either case, if the Gamashee 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 253 

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 Notices in three conspicuous places, in the 
district, at least five days previous to the day of sale. 

Said Notices 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. 

r 

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 shov^r, 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 in 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 improvment 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 c(^i- 
zance. The charges preferred by the counsel for plaintiff or com- 



SOUTH BOULDER DISTRICT 255 

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 
Court shall sentence the prisoner to such penalty by fine or other 
punishment as he may determin, as defined by the laws 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 shall 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 the day of their 
election — Unless they Eesign, or are Legally discharged from 
the Same. 



266 GIU^IN COUNTY RECORDS 

Chapter VII. 
Claims Defined &e. 

Sec. I. All Lode Claimes made by 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 11. All Oulch Claimes shall be One Hundred feet, 
up or down the Gidch, 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 
Ghilch, 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. 

Sec. 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. 



SOUTB BOULDER DISTRICT 267 

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. XL 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. XIII. Every Water power claimant shall be en- 
titled to all the naiural fall of water on his claim, or claimes. 

Sec. XIIII. All Water Claims not improved or repre- 
sented by their owners, 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. XVI. 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 VIIL 
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 GIU^IN COUNTY RECORDS 

in the District Recorder's office with the names of the proprie- 
tors signed thereunto. — 

Sec. 11. 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, Bouse, Tunnell, Gulch, Ditch 
or Lode be a Lien on the same, Provided the same is Recorded 



SOUTH BOULDEB, DISTRICT 259 

within Tliirty days from the time anch 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 groimd, 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 perform at least three months labor 
for one laborer, in e^ery Six months — ^upon failing to comply 
with the requirements of this section, the right of such Tunnel 
shall be forfeited. 

Sec. IIII. 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 BECORDS 

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, 
throu^ 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 ground 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 Eoads. 
Eesolved 

By the Citizens and Miners of South Boulder District at a 
legally called Meeting — , That we grant the Eight of way to all 
Toll Eoad Companies through this District and a Charter for 
the same. 

Provided 1st That said Eoad shall not exceed Sixty feet 
in width. 

Provided, 2nd Said Eoad shall not interfere with the per- 
sonal rights of individuals acquired previous to the passage of 
this act. 

Provided 3rd Said Eoad shall not interfere with the right 
granted to other Eoad 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 Eoad located within 
the boimdaries of this District — ^by repairing all ware or Dam- 



SOUTH BOULDER DISTRICT 261 

age done to the Said Eoad 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 Gidch, 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 Miners 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 dischai^ the Same. 



SILVER LAKE DISTRICT 



NEW 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. Ew 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, Sec'y. W. H. Gray, PresH. 



* Rooky Mountain News, October 24, 1860, p. 2. 

262 



SILVER LAKE DISTRICT 263 

^ LAWS AND MINUTES^ 

Section 1st, January 1st 1861 

Meeting called to order by Electing Wm Wightman to the 
chair Wm H. Cadwell Secretary 

The President stated the object of the meeting for the per- 
pus of Electing a Recorder also to attend to variousis 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 6th 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 Ist 1861 

Wm Wightman Chairman 
Wm H Cadwell Recorder 

^Silver Lake District, Lode [Book]. 



264 GILPIN COUNTY RECORDS 

Sec 2n<i Silver Lake District March 2nd 1861 

On motion the Meeting called to order Wm W Griffith 
appointed Chairman Wm H Cadwell Secretary 

Art Ist On motion a Commitee of three (3) be appointed 
to draft resolutions for Said District Carried 

Wm Wightman 

P D Blaizdell }- Commitee 

J A Kerr 

Laws adopted in Silver Lake DiBtrict, 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 
carry 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 6th 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 Names 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 
Necessary by a majority of the miners presant 
Wm Wightman 

P D Blaisdell - Commitee to draft resolutions 
J A Kerr 

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 H 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 Eesolved 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 they shall Hold good Carried 

Art 2nd On motion the Tunnel Laws of Hawkeye Dis- 



266 GILPIN COUNTY RECORDS 

trict be adopted and it be the duty of the Recorder to coppy 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 
6th in Section 1st Carried 

Besolved that eny person holding Claims in this district 
shall have the privlage of giving any other person the power of 
attomy 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 SheflFer, Chairman 
Wm H Cadwell, Sec 



SPRING GULCH DISTRICT 



FROM SPRING GUlLCH^ 

Spring Gulch, Nov. 21, 1860. 

Editors New&: — 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 Gnlch 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 
ofScers were duly elected, and the district went quietly into 
operation; an acknowledged district by aU 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 tiiat 
the property lay in Nevada District ; a most palpable falsehood. 
The officers of our district disr^arded 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 the plaintiff in, defendant hav- 
ing concluded to submit The officers of Spring Gulch were 

^ Rocky MountiUn News, November 28, I860; p. 2. 

267 



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 Nevada, 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, tiiat 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 Qnlch 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 tiiey 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 Nevada 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, Nuckolls, 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 circimistances 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 legal nature, proving 
plainly and forcibly the entire legality of our organization. The 
committee on resolutions reported the following which were 
unanimously "adopted. 

Whereas, A mob of the people of Nevada District have 
recently undei^ pretence of legal authority, by force and con- 
trary to law attempted to interfere with officers of Spring Quloh 
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 Nevada 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 reK)rganizing 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 
Nevada 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 Judg^ Gt)nes 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 be 
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., Seo'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. News, to be a district, and to sup- 
port our organization, and we will do it, and aU our sister dis- 
tricts assure us of their support and sympathy. 

Yours truly, Hans Jacobs. 



LAKE DISTRICT 



MINUTES^ 



Record of proceedings of Citizens Meeting 

At a Meeting of the Citizens of Quincy and Lake Gulch 
Districts held on the 1st day of March A. D. 1861 in persuant 
to a Call by the President of Quincy Dist^ for the purpos of 
uniteing the two Districts and the Elections of Officers for the 
same W. H. Morgan was Elected Seoratary-. Moved and Sec- 
onded that a Committee of five be apointed on joint resilution 
Himer Smith Dr Mo 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 Quincy 
Dist resignation recieved Mr Brown 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 comitte© 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. 

271 



272 GILPIN COUNTY RECORDS 

M. Bundy Elected Justice of the peace for Lake District R B. 
Hayward was Elected Eecorder of Lake District On Motion 
decided that another Justice "be elected Makeing three Justices 
Brown Elected by Aclimation to fill that Office 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 Guldi 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 untiU 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 oi^e Re- 
corder one Surveyor one Sheriff S. G. Colly President O. F. 
Bams J. M. Bundy Brown for Justice of the peace Robert C 
Lindsey Sheriff Nelson Smith elected to the Office of Surveyor 
R.B. Hayward was elected as Recorder of Lake Dist Resilu- 
tions adopted tiiat a comittee of three be appointed to demand 
the Books of the Officers of Lake Gulch and Quincfy 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. 
Ih-ake Wm E. Wiheeler E. Smith apointed said comittee ad- 
journed to meet again in four weeks from March 2nd A. D. 
1861 

List of Voters Names of Lake Gulch District for the Anex- 
ation of said District to Quincy District 



LAKE DISTRICT 



273 



Names 
WoodmaiKy 
N.E. Bibbina 
E. Wash 
S.G. Snider 
T. H. Cimiii^am 
J.E. Haine 
C. Hagus 
John M. Bank 
Bobt. D. Morrison 
WM Palmer 
G.S- Guest 
J.C. McCoLner 
W.H. Bennet 
J.W. Muer 
W.R Pusey 
J. F. Hall 
Thomas Pusey 
J. Connor 
S.F. Dodge 
O.F. Bams 
I. Crippin 
K H. Smith 



Names 
RW. Haymer 
B. Grumes 
C.A. Gates 
D.C. Tappan 
J.W. Walker 

D. S. Lancton 
T. R Ward 
J.R Bamsen 
M Hubard 

J. Walters 
S F Guest 
J. Proctor 
Nelson Smith 
K Floyd 
RB. McCaley 
John Lawler 
J. Mally 

E. Smith 
John Dick 
J. Heimer 
O. Bams 
B.B. Hayward 



At a Meeting held at M E Hodge's Office March 9th 1861 
in Lake GxQch Motion made to sustane the proceedings of a 
former meeting held at S.G. Collys March 1st 1861 caned in 
the afermative in favor of sustaining the miner meeting pro- 
ceedings of the union meeting Moved the above be put upon 
Eecord each vote by Aclimation 

B. B. Hayward Becorder 

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 setle affairs of 

said company & the creditors S G Colly was Elected President 

of Said Meeting B B Sayward Secatary of said Meeting . . . 

B.B.Hayward Becorder 



274 GILPIN COUNTY RECORDS 

Besolved that M.H. Boot and John Langlands act as 
Joint Assignee 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 

RB. Hayward 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 Pros — R. B.Hayward Recorder 

Lake District April 13th A. D. 1861 
At a Meeting held at S. G. OoUys 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. CoUya — ^Moved and seconded 
to apoint a comittee of 3 to draft Laws to prevent the sale of 
Licquer in this Dist Motion fearied the f olowing Comittee were 
Apointed O. Bams J. Bundy Mr. Granden Moved & seconded 
to adjourn. Sini Di Motion carried — 

H. B. Hayward Recorder 

Colorado Territory Lake District 

Arapahoe County April 8th 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 conditionaly that if the above be under obligation II.B. 
Hayward Shall faithfuly dischai^ the duties of the office and 
keep all Books and papers that may belong to said District and 
to acount to the proper Officers 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. R Hayward Recorder 

Colorado Territory Arapaho County 
Lake District April 8th 1861 
Know all men by these presents that we O. F. Bams 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 dischai^e 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 af ect otherwise to 
remain in full force and infect given under our hands & scale 
this 8th day of April A. D. 1861 

Approved by S. G. Colly O. F. Bams (seal) 

President Orsamas !^ms (seal) 

R. B. Hayward Recorder 

Lake Dist July 3d 1861 
At a Regular called Meeting of the Miners of Lake Dist 
to settle the titles of claims Nos 19-20 on Lake Gulch on vote 
taken Claim No 20 was given to Mr. G. W. Wilson 

On Motion carried that the Surveyor give a correct Meas- 



270 GILPIN COUNTY RECX)RDS 

urement of Lake Gulch claim No 19 he found it Shall belong 
to J. Newman — ^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 No 29 on Lake Gulch was given to E. Gran- 
don — on Motion Adjourned Sini Di 

S G. Colly President R B Hayward Sec, 

Lake Gulch July 6th 1861 

Miners met persuant to call of the President 

Motion made that John Bennet claims Nos 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 ref arence to claims claimed by Putlack 
and other parties =? O. F. Bams Wm Nichleson = A Miller & 
Clark & MoGrath 

On Motion meeting adjourned 

R B. Hayward Sec 

Lake Gulch July 8th 1861 

This is to certify that J. Nelson Smilli 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 Nicholson Miller and Waggoner Lockwood measuring down 
the Gulch staking & numbering a stake evry fifty feet and that 
said numbers agreed or nearly so with Stakes that have ben pre- 
viously drove and numberd 

Attest Signed J. Nelson 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 No 19 on Lake Gulch was voted over to Jacob 



LAKE DISTRICT 277 

Newnam acording to the survey made by 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 Mr 
Hodge Last First motion the first carried motion that 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 Mr Mc- 
Grath hold a lean on the above claims for the Amount of 21 
dollars & 25 cents,, Moved to ajoum carried 

R B. Hayward 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 Fleming carried 
Moved to adjourn carried 

R. B. Hayward Sec 

Lake Dist Sept 28th 1861 
At a meeting of the citizens of Lake dist held this day Mr 
O. F. Bams chosen chairman of Meeting Mr Ebinezer Smith 



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 LAWSi 

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 Secretary 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 by vote of the Citisens at some 
public meeting legally 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 by the President of the District. 

Section Four. 

Be it further enacted that the fees of the Becorder 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 Summons. 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 


Replevin 


.70 


Venire 


.75 


Execution 


.50 


Every other writ 


.70 


Entries — ^Each adjournment 


.30 


Judgt on writs or for costs 


.50 


Dismission or discontinuance without costs 


.50 


Satisfaction of Judgt 


.50 


Transferring " 


.50 


Taking verdict 


.50 


Each motion decided 


.50 


Making up Docket per folio 


.30 


Certifing affidavit 


.50 


" any Record 


.50 


Transcript of Docket and copying per folio 


.30 


Swearing Jury 


.50 

1 

1 



280 GILPIN COUNTT REC0BD6 

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 Sunmions, each person .50 

" Subpoena each witness .50 

" Order of arrest .75 

" " " Eeplevin .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 Miners Court shall have 
power to fine for contempt in a sum not exceeding One Hun- 
dred Dollars and may issue execution thereon as upon a Judg- 
ment 

An Act in Reilation to Pba.ctice in the Minebs' Cottbt 

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 unequivocal 
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 sunmions 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 *aken 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 fji^rther 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 attachment and 
Replevin, the practice prescribed by the laws of Kansas for 



284 GIIJ^IN COUNTY RECORDS 

1869 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 notica 
The Court shall be satisfied before granting 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- 
nishor, or separately, or it may be issued separately after the 
execution is^tumed unsatiied, and in eSier iae if the 
gamisher 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 6r 
reject the application. 

Section Fourteen 

Be it further enacted: that no debt or demand of any 
nature shall be collected by suit in this District which has not 



LAKE DISTRICT 286 

originated either in coining to this mining regicm, 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 Trial 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 oom^- 
menced in the Miners Court, the PtfF shall file a bond with 
one or more good and sufficient sureties, conditioned 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 when 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 parties 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 Courts — 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 be challenged for 
favor or cause shown by his own 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 Nine. 

Be it further enacted : that from the decision of the Appel- 
late Court, and the verdict of the Jury 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 be 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 being 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, without further 
litigation. The fees of said arbitrators to be two dollars each, 
which may be demanded before proceeding to trial. 



288 GILPIN COUNTY RECORDS 

An Act in Relation to Ckimbs and Nuisances 

Sec. 1. 

Be it enacted by the citisens of Lake District in Convention 
assembled that all crimes committed inr-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 r^ularly 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 Cdurt 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 levy and sale upon exe- 
cution all tools for mining and mechanical purposes, bedding, 
clothing, cooking utensils and necessary provisions for ibree 
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. 

Sea 4. 

Be it further enacted — that no levy shall be made upon 
Eeal Estate — ^until return has been made that sufficient personal 
property cannot be f pund within the District. 

Sec. 5. 

Be it further enacted that in any case of levy upon properly 
— ^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 Dbfining Claims and EEOULATiNa thb 

Title Thbbbto 

Section 1. 
Be it enacted by the people of Lake District in Convention 



290 GILPIN COUNTY REC0BD6 

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 Eanche 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 Himdred and sixty acres: when applied to a 
building claim Forty feet front, by One Hundred feet in depth. 



LAKE DISTRICT 291 

Section 6. 

Be it further enacted that no claim 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 by a company 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 shall hold 
both a Gulch and Lode Claim — if one be worked the other may 
be held without working by recording the same.^ 

^This section is omitted in the other copy. 
'This section is omitted in the other 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 ri^ts. 

Section 12. 

Be it further enacted — ^that all claims held by virtue of 
laws heretofore in force shall be r^arded 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 botl/ 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 16. 

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 )of the mines within this District — they shali 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 298 

Section 16. 

Be it further enacted that claims of every kind except 
discovery mining claims must 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 define the place of commencement and the termination 
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 working of the Tunnel — and such portions 
of the Lodes as they 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 unworked. 

Section 20. 

Be it further enacted — that any person or persons — ^work- 
ing a Tunnel provided he or they shall comply with the require- 



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 Northwest portion of 
Silver Lake District, Edward Van Endert was appointed chair- 
man and J. E. 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. 



295 



LIST OF DOCUMENTS, 1859-1861 

IN THE OFFICE OF THE COUNTY CLEEX OF 
GILPIN COUNTY AT CENTRAL CITY 

OBBOOBT DI8TBICT. 

Book A. Record of claims, 1859. Laws of July 16, 1869, 

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. 464-473. 
Book B. Record of claims, 1869. 
Book B. 2d. Record of claims, 1869. District laws of 

February, 1861, cover pp. 163-168. 
Record C. Record of claims. District laws cover pp. 

420-421. 
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. 

BUSSELL DISTEICT. 

Book of claims, 1859-1860. 
Lode book, 1869-1860. 
Index O 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. 

296 



LIST OP DOCUMENTS, 1859-1861 297 

BAY STATE DISTEIOT. 

Book B. Laws and regulations, July 19, 1869. Record 

of mining and ranch claims. 
Claim book B., 1861. 

ET7BEKA DISTBICT. 

Book A. Eecord 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 NITMBEB 10 DISTBICT. 

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. 

QUABTZ VALLEY DISTBICT. 

Book A. Record of claims, 1860. 
Book B. Record of claims, 1860. 
Index to book^A. 
Index. 

NEVADA DISTBICT. 

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 — continuecl. 

General index, 2v. 
Index of transfers. 

WISCONSIN DISTRICT. 

Record of claims, 1860. District laws of 1860 and min- 

utes of miners' meetings cover pp. 1-6, and pp. 462- 

467. 
Laws and minutes of August, 1860. Eecord 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 O, 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 No. 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 299 

FAIBFIELD DISTRICT. 

Journal of the meetings of the citizens, 1860-1861. This 
contains the laws and minutes. The journal is un- 
bound and filed with the Gregory District records. 

Eecord of claims, 1861. 

ILLINOIS CENTRAL DISTRICT. 

Book 2. Eecord of sales of claims, 1860-1861. 
Book 3. Eecord of sales of claims, 1860-1861. 
Book 1. Eecord of sales of claims, 1861. A mutilated 

sheet of articles of the miners' law was found in the 

volume. 
Book 4. Eecords of meetings of citizens of Missouri City, 

Burtonville, and Fall Eiver City and map of Bortons- 

burgh. 
Lode books. 2v. 
Index to deeds. 
General index. 

HAWK EYE DISTRICT. 

Book A. Eecord of claims, 1860-1861. Eesolutions and 

laws cover pp. 21-25. 
Eesolutions and laws of July, 1860. Also record of claims. 

Unbound sheets. 
Laws of 1861. 
Lode book, 1860. 

Book B. Eecord of claims, 1861. 
District index. 

SOUTH BOULDER DISTRICT. 

Eecords of claims. Page 3 contains minutes of miners' 

meetings, 1860. 
Eevised laws, March, 1861. Two mutilated pages of the 

laws of the district were found among Silver 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 

8ILVEE liAKE DISTRICT. 

Laws, January-September, 1861. Eecord of claims. 

Book A. Claims, 1861. 

Index. 

SPRING GITI^CH DISTRICT. 

Book A. Eecord of building lots and mining claims. 

Map of Springfield City. 
Lode book, 1860. 
Book B. Eecord of claims. 
Index. See Central City District. 

LAKE DISTRICT. 

Book B. Eecord of claims, 1860. 

Book B. Eecord of mining claims and town lots. 

Book B. Missouri Gulch, record of claims. 

Book C. Eecord of conveyances, powers of attorney, etc. 

Minutes of miners' meetings, 1861, cover pp. la-8. 
Eecord of mortgages, deeds, etc., 1861. 
Index to book 1. Book 1 was not found. 
Index to lode claims. 

ITNION DISTRICT. 

Book of claims and deeds, 1860. 

ENTERPRISE DISTRICT. 

Book B. Eecord of claims, deeds, etc., and oaths of 

office, 1860. 
Lode book, 1860-1861. 
Book A. Eecord of claims, 1861. 
Book C. Eecords of claims, 1861. 
Index to book C. 

PHOENIX DISTRICT.* 

Eecord 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, 1869-1861 301 

KANSAS DI8TBIGT. 

Book of claims, 1861. This district was annexed to Silver 
Lake District. 

MOUNTAIN HOUSE DISTBIOT. 

Book of claims and sales, 1861. 



INDEX 



Adams, J. R., 295. 

Addis, John, 123. 

Administrator, 35, 274. 

Affidavits, 28r29, 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 Coimty, Ka^sas, 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. 

Amdt, J. Wallace, 153, 154. 

Arson, 63, 194-195, 245. 

Attachments, 29, 59, 88i, 163, 239, 
252, 283-284. 

Attorneys, 24, 28, 31, 56, 58, 61, 
105, 185, 252. See Lawyers. 

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, 180, 295. 

Banishment, 229, 245. 

Bams, O. F., 271, 272, 273, 276, 277. 

Bams, Orsamas, 273, 274, 275. 

Bartlett, E. G., 109, 146, 148, 149, 
150. 

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. 



Beebe, T. Dwight, 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, N. E., 273. 

Bills of sale, 13, 21. 

Bissell, Dr. C. R., 16, 36, 43. 

Bissell, E. G., 46. 

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, 
265. 

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, 48, 53, 64- 
65; Bay State District, 69; Eu- 
reka District, 78, 97, 98, 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; Illinois 
Central District, 209-210; Hawk 
Eye District, 246; South Boulder 
District, 247-248 ; Silver Lake Dis- 
trict, 262. 

Bowers, L. G., 175. 



303 



304 



GILPIN COUNTY REOQRDS 



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, O. 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, GJov. of New Mexico, sends 
explorers to the San Juan coun- 
try, p. VII. 

Card, Stephen V., 153, 168. 

Carey, Theodore, 74. 

Carey, William P., 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, 76; 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, 166-159, 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- 
174. 

Coats, William W., 143. 

Cobb, Frank M., 109, 111. 

Cobb, M. D., 86. 

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 Ciiy, first settlers, p. XI. 

C. 0. C. and P. P. Express Com- 
pany, 97. 

Colver, J. W., 46. 

Commissibners, 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, 8)0, 81, 
82, 88, 96; Pleasant Valley Num- 
ber 10 District, 111, 112; Wiscon- 
sin District, 150, 151 ; Climax Dis- 
trict, 171, 172, 173; Illinois Cen- 
tral District, 214, 216, 220-221, 
227; Quincy District, 271, 278. 

Contempt of court, 33, 66, 106, 136, 
216, 281. 



INDEX 



305 



Ck>iitract8, 21, 30, 50-60, 164, 200, 
211-212, 285. 

Conveyance, 13, 258. 

Cook, William, 74. 

Cooper, H., 262. 

Cooper District, minutes, 295. 

Copeland, D. P., 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 
Valley 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. 

Cummings, Samuel, 201. 

Cuningham, T. H., 273. 

Daggett, John F., 86, 89, 90, 91, 92. 

Dale, M. a, 122, 124. 

Dancing, 135. 

Darlington, R. D., 123, 124, 125, 
126, 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, 
284-285. 

Deeds, 21, 66, 148, 200, 212, 258. 

Defrees, Wilk, 10. 

Defrees and Company, 6. 



Defrees and Ziegler Indiana Compa- 
nies, 7. 

Demurrers, 27, 57-58, 161-162, 217, 
282. 

Denver, founded, p. XI; dispute 
with miners, 16-18, 51-52. 

Depositions, 28, 58, 162, 251. 
Deputies, 25, 180, 183-184, 236. 
Dewey, 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 Valley Num- 
ber 10 District, 109, 111; 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 Valley Number 10, 
108-120; Quartz Valley, 121; Ne- 
vada, 122-145; Central City, 142; 
Wisconsin, 146-170; White Quail, 
149-150; Independence, 151-152; 
Climax, 171-174; Central, 175- 
176; Independent, 177-196; Pair- 
field, 197-208; Illinois Central, 
209-229; Hawk Eye, 230-246; 
Phoenix, 247; Deadwood, 247; 
South Boulder, 247-261; Silver 
Lake, 262-266; Ejinsas, 265; 
Spring Gulch, 267-270; Quincy, 
271; Lake, 271-294; Cooper, 295; 
Mountain House, 301. 

^Ditches, 22, 64, 67, 113-114, 129-130, 
134. See Water rights. 

Dittes, Ben., 118, 119, 120. 

Dodge, Col. Henry, expedition to the 

Rocky Mountains, p. VIII. 
Doe and Company's Mill, 91. 
Doggerty, Thomas, 54. 
Douglas, William, 71. 
Drake, L., 272. 
Dunn, B. F., 177. 
Dunshee, A. F.^ 115, 116. 
Dunstan, John H. R., 175. 
Dunston, Thomas, 175. 

Eagle Gulch, 146. 



306 



GILPIN COUNTY RECORDS 



Ebi, D., 100. 

Edwards, A. J., 127. 

Edwards, H. C, 46. 

Ejectment, 186-189, 240-241. 

Elections, Gregory District, 12-13; 
Eureka District, 81, 86-86, 92, 95- 
97, 99; Pleasant Valley Number 
10 District, 111; Nevada District, 
122, 126-127, 135, 137, 138, 139, 
141 ; Wisconsin District, 160, 161, 
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, 
263. 

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, 66, 

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. 

101-107. 
Eureka Gulch road, 80, 82. 
Eureka mill, 144. 
Eureka Quartz Crushing Company, 

97, 99. 
Evidence, 28, 58, 93, 162, 218-219, 

283. 
Executions, 31, 33, 38-39, 61-62, 63, 

88, 112, 184, 221, 223, 236-237, 

253, 286-287, 288-289. 
Exemptions, 105-106, 264, 289. 

Fairchild, P. J., 266, 266. 
Fairfield District, minutes and laws, 

197-208. 
Fairplay mines, p. XII. 
Fassett, C. S., 68. 
February Gulch, 146. 



Fees, 14, 30, 66, 60, 80, 87, 92, 94, 
103, 112, 124, 160, 166, 166, 172- 
173, 178), 183, 192-193, 216, 221, 
222-223, 226, 226, 228, 231, 236, 
244, 250-251, 279-280. 

Fines, 33, 38, 66, 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, 86. 

Foreclosure, 28, 58, 92, 218, 283. 

Fonts, William, 7. 

Fowler, P. Q. A., 81, 99. 

Freas, L. M., 78. 

French penetration to Santa F6, p. 
VIL 

Fries, John, 78. 

Fries, J. W., 123, 124. 

Fry, T., 85. 

Fur traders, p. VIII. 

Gamble Gulch, 180, 196, 246, 247. 

Gambling, 84, 126, 136, 172, 176, 
195. 

Garnishee process, 29, 59, 163, 187, 
219, 239-240, 262, 284. 

Gates, C. A., 273. 

Gault, E. M., 209. 

Gettings, 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. 

Grold, early discoveries of, in Colo- 
rado, pp. VII-IX; rush of 1869, 
pp. IX-XIL 

Gold Dirt, 196. 

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, BLiram J., delegate to Con- 
gress, p. XIII. 

Graves, W. P., 148, 149. 



INDEX 



307 



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 City, p. XII; sketch of, 
7-8. 

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, 1861, 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 j portions of 
laws adopted by Independent Dis- 
trict, 178-179. 

Gregory Point, 196. 

Griffith, William W., 264, 265. 

Gnmies, 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., 132. 

Hamilton, Louis, 99, 100, 101. 

Hammit (Hammitt), Hiram, 177, 

179. 
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., 96, 99, 100, 101. 
Haskins, J. A., 96. 
Hawk and Nuckolls, 136. 



Hawk Eye District, laws and min- 
utes of I860, pp. 230-246; laws 
adopted by Silver Lake District, 
265-266. 

Hawkins, G. W., 164. 

Haymer, R. W., 273. 

Hayward, R. B., 272, 273, 274, 275, 
276, 277, 278. 

Heflfener, 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. 

Holley, E., 96. 

Hoover, C. J., 79, 81. 

Hopkins, G. G., 118. 

Horse thieves, 176. 

Houses of prostitution, 125, 195. 

Howard, F., 110, 116, 117, 118u 

Howard, H. R., 153. 

Howe, F. Y., 121. 

Hubard, M., 273. 

Huey, 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, 209- 
225; amendments, 225-227; pro- 
posed laws, 228-229. 

Illinois Gulch, 209. 

Impeachment, 256. 

Independence District, attached to 
Wisconsin District, 151-152. 

Independent District, minutes, 177- 
179; laws of February 15, 1861, 
pp. 179-196; laws of, adopted by 
Cooper District, 295. 

Injunctions, 42, 56, 88, 281. 

Interest, 98. 

Iowa Mountain, 230. 

Jackson, Greorge A., gold strike near 

Idaho Springs, p. XII. 
Jacobs, Hans, 270. 
James, Edwin, 51, 52. 
Jameson, A., 175. 
Janney, I., 166, 167. 



308 



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 Cmnpany. 

Judge of the Miners' Court, Greg- 
ory District, 24, 26, 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, 104, 
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, 22S,; 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. 

Eehter'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, Johi^ 171, 173. 

Langlands, John, 274. 

Langrishe's 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, 
99. 

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, 
105-106. 

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. 
McCblmer, J. C, 273. 
McCook, E. M., 132. 
McCraw, D. H., 73. 
Mclntire, 52. 
McKaskall, A., 118, 119, 120. 



INDEX 



309 



McKeen, M. M., 143. 

McLean, Col. Samuel, 16, 17, 39, 43, 
47. 

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. W., 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. XI. 

Montgomery, R. H., 110, 115, 116. 

Moody, B. 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, 
283. 

Morton; Ira H., 41, 124, 125, 126, 
127, 128, 135, 142, 144, 145. 

Mountaineer, The, 142, 143-144. 

Muer, J. W., 273. 

Muir, William Train, 139, 141, 143, 
145. 



Murder, 194, 228, 245, 256. See 
Crimes. 

Myers, J. H., 268. 

Nagle, E., 201, 202, 206, 207, 208. 

Nebraska, jurisdiction in the Pike's 
Peak Country, pp. XII-XIII. 

Nevada District, minutes, January 
21-September 28, 1860, pp. 122- 
134; news items, 134-145; dispute 
with Spring Gulch District, 267- 
270. 

Nevada Ditch Company, 205. 

Nevada Gulch, 44. 

Newcomer, C, 132. 

Newell, William T., 201. 

Newman (Newnam), E. B., 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, 133, 149, 195, 
204-205, 223, 246, 248, 288. 

Oaths, 31, 61, 87, 110, 180, 207, 235, 
249, 261. 

Officers, Gregory District, 12-13, 14, 
16, 25-26, 36, 39; Russell District, 
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, 134, 138, 139, 141 ; Wis- 
consin District, 146, 147, 148, 149, 
150, 151, 153, 155, 158, 159, 160, 

166, 167, 168, 169, 170; Gimax 
District, 171-172, 173, 174; Cen- 
tral District, 175; Independent 
District, 177, 178-179, 180-181; 
Fairfield District, 201, 202, 203, 
206; Illinois Central District, 213- 
215, 224, 225, 226, 228; Hawk Eye 
District, 230, 231, 232, 233, 234- 
239, 244; South Boulder District, 
248-252, 261 ; Silver Lake District, 
262, 263, 264; Spring Gulch Dis- 
trict, 267; Quincy District, 271; 
Lake District, 271, 272, 278-279. 



310 



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- 
212. 

Peck, Charles, 13. 

Peck, H. N., 96. 

Perjury, 194, 245. 

Peters, Edward 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 regarding 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, 111, 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, 18S, 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, 
287. 

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. vn-vm. 

Pusey, Thomas, 273. 
Pusey, W. P., 273. 
Putlack, Samuel, 277. 
Putlack, W., 276. 

Quartz Hill, 209. 

Quartz Mountain, 129. 

Quartz Valley District, miners' 

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, 139, 141; Wisconsin District, 
150, 151, 153, 155, 156, 159, 166, 
168, 169, 170; Gimax 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, 250, 251, 261; 
Silver Lake District, 262, 263, 
264; Lake District, 272, 278, 279. 



INDEX 



311 



Reed, Samuel, 209. 

Referees, 12, 183, 280. See Arbitra- 
tors. 

Remine, John W., 145. 

Replevin, 29, 69, 163, 187-188, 240, 
283-284. 

Reynolds, W. T., 76. 

Richardson, A. D., speech to the 
Gregory District miners, 3-4; re- 
port on Gregory District mines, 
5-10. 
, Richardson, David J., 71. 

Ring, George W., 155. 

Ripley, David, 179, 196. 

Rivera, Juan Marfa, expedition to 
the ^n Juan country, p. VII. 

Road commissioners, 143, 203-204. 

Roads, 81-82, 84, 127, 143, 154, 169, 
189-190, 195-196, 203-204, 206, 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, 150. 

Robinson and Wright's tent, 146. 

Rockhill, Thomas, 150. 

Rocky Mountain News, 145, 175, 
262. 

Rogers, E. H., 53. 

Rollins, John Q. A., and Company, 
195. 

Rolph, Edward, 117, 118. 

Root, M. H., 274, 275. 

Rouschmayer, L., 166. 

Rowen, J. B., 100. 

Rublee, F. M., 137. 

Russell, J. W., 46. 

Russell, William Green, leads Greor- 
gians and Cherokees to Colorado, 
p. X. 

Russell District, laws of June 18, 
1850, pp. 48-49; laws of August 9, 
1859, pp. 49-50; resolutions of Oc- 
tober 8, 1859, p. 50; resolutions 
of March 24, 1860, p. 51; mass 
meeting in Russell Gulch, 61-62; 
laws of July 28, 1860, pp. 53-68. 

Russell Gulch, 45, 209. 

Sage, Rufus B., sojourn 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, 253. 

Saloons, 84, 125, 139, 143, 172, 176. 

"Salting" claims, 194. 
Sayers, G. W., 206, 207. 
Schaeffer, S., 110. 
Schintz, Theodore, 100. 

School fund, 176. 

Scott, Walter, 115, 116. 

Scudder's Mill, 142. 

Secreta Gulch, 146, 155. 

Secretary, Gregory District, 11, 12, 
16, 25, 34, 39; Russell District, 
49, 54; Bay State District, 70, 71; 
Eureka District, 86, 87; Pleasant 
Valley Number 10 District, 109, 
117; Quartz Valley District, 121; 
Nevada District, 122; Wisconsin 
District, 146, 147, 149, 156; Cen- 
tral District, 175. 

Shears and Company, 6. 
iSheflfer, Henry C, 266. 

Shelter, Charles, 109, 110, 111, 115. 

Shepherd, William, 96. 

Sheriff, Gregory District, 12, 13, 14, 
24, 25, 26, 31, 37, 39; Russell Dis- 
trict, 55, 56; Bay State District, 
76; Eureka District, 80, 88, 104; 
Pleasant Valley Number 10 Dis- 
trict, 111, 112, 118; Nevada Dis- 
trict, 138, 139, 141; Wisconsin 
District, 153, 155, 156, 165, 166, 
167, 168, 169; Independent Dis- 
trict, 179, 181, 182, 183, 192-193; 
Fairfield District, 202; Dlinois 
Central District, 227; Hawk Eye 
District, 233, 234, 244; South 
Boulder District, 250, 251, 253, 
255-256, 261 ; Silver Lake District, 
262; Lake District, 272. 

Shorts and Collier, 7. 

Silver Creek, 246, 265, 296. 

Silver Lake District, organization, 
262; laws, 263; minutes and reso- 
lutions, 264-266; secession of 
Cooper District, 295. 

Silver Mountain, 262. 

Sisson, A., 46. 

Skeers, Eli, 80. 

Slate, W. D., 166, 171. 

Slaughtering of cattle, 133, 149. 

Smith, Bbinezer, 272, 273, 275, 277. 

Smith, Himer, 271. 

Smith, Judge H. P. A., 1, 2, 34, 35, 
36, 42, 43. 



312 



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, 295. 

Smoky Hill route, p. XI. 

Snelling, 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. XrV; president of Gregory 
District, 13, 16, 34, 36. 

Sopris, Henderson, and Company, 6. 

South Beaver O-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. vn. 

Spear, W. S., 117, 118. 

Spring Gulch, 44, 45, 131-132, 136, 
137. 

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. 

6tate of Jefferson, 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. XII. 

Tator, C, 96. 

Taxes, 169-170, 259. 

Taylor, 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, 159, 192, 197, 243, 257. 

Todd, William M., 202, 205, 206. 

Toll roads, 154, 196-196, 208, 260- 
261. 

Toner, Samuel, 47. 

Tort, 30. 

Town lots, 103. 

Townsand, W. D., 274. 

Townsand, W. S. Murry, 271. 

Town sites, 191, 242, 267-258. 

Treasiu-er, Gregory District, 25, 33; 
Russell District, 54, 63; Eureka 
District, 86, 106; Wisconsin Dis- 
trict, 169, 170; South Boulder 
District, 248; Lake District, 278, 
281. 

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, 152- 
153, 157-168, 190-191, 213-214, 241- 
242, 269-260, 293-294 

Turner, M. L., 76. 

Twelve Mile Diggings, 168. 

Union District, Clear Creek County, 

138-139. 
Union Party, 146. 

Valley City Town Company, 173. 
Van T. P. 39. 

Vance, A. P., 202, 204, 206, 206, 207. 
Vance, D. C, 51, 52. 



INDEX 



313 



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, 160. 

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, 814, 114, 151, 157, 192, 200, 

212, 229, 243, 244, 256. 
Welch, C. C, 153. 
Wells, Judge, 43. 
Wheeler, William E., 272. 
Whipping, 169, 194, 226, 228, 245. 
Whitcomb's mill, 144. 
White, M. S., 117. 
White Quail District, 149-150. 
Wightman, William, 263, 264, 265. 
WiUcinson, 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, G«orge E., 197, 200, 202, 
203. 

Wilson, G. W., 275. 

Wilson, John, 84, 85. 

Wisconsin District, laws of Febru- 
ary 13, \860, pp. 146-148; an elec- 
tion, 149; amendments, 149; joint 
meeting with White Quail Dis- 
trict, 149, 150; resolutions of 
May 26, 1860, p. 150; laws of 
July 12, 1860, pp. 150-152; reso- 
lutions of September 15, 1860, 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, 
276. 

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, 163, 
186-188, 239-240, 281. 

Zeigler, Spain, and Company, 5-6. 
Zumwalt, Van, 177. 



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NOV S 1955 



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