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GILPIN COUNTY.-BAY STATE MINING DISTRICT.
The following laws were adopted by the miners at a regular meeting held in and for the Bay State Mining District on Thursday the 19th day of July A. D. 1859
A N. PARSON Secretary LAWS AND REGULATIONS OF THE BAY STATE MINING DISTRICT. SECTION 1 This district shall commence at the mouth of the North Fork of Clear Creek and extend up the same to the mouth of the Russel Gulch so called and be known and called by the name of Bay State Mining District including the tributaries of said Creek
SEC. 2 Each Gulch Claim shall consist of one hundred feet running parallel with the creek and extend from hill to hill on either side
SECTION 3 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 4 Any person taking a claim and posting up a notice with name and date shall be allowed to hold the same for ten daya without risk of forfeiture by recording
SECTION 5 Any person taking a claim and commencing work on the same and then leaving then leaving the claim with tools or other goods on the claim shall be entitled to hold the same ten days without risk of forfeiture
SECTION 6 Any person or persons owning or holding Mining Claims in this District shall be allowed to leave the same on and after the 23rd day of July A. D. 1860 and return to them or send their legal representative on or before the 15th day of June A. D. 1861
SECTION 7 No person or persons at any regular or special meeting concerning the mining interest of this District shall be allowed to vote unless they own or hold claims in this District
SECTION 8 Åll 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 presidents appointed who shall preside at all regular meetings and in the absence of the President any of the vice presidents shall preside
SECTION 10 There shall be a secretary 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
SECTION 11 There shall be a recorder appointed whose duty it shall be to record all mining claims when applied to for that purpose and to give a certificate of the same and for recording and giving such certificate the Recorder shall be allowed fifty cents for each and every claim
SECTION 12 Every person or persons having a claim or claims recorded 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 owners of the same and when two or more claims are taken together they shall be numbered from one upward by commencing at the lowest claim on the creek
SECTION 13. Where two or more persons are desirous 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 on some conspicuous place on the claim or claims so left a written notice where the owner of the claim or claims may be found
The following amendment was made to the Regulations
SECTION 14. Water claims shall be two hundred and fifty feet up and down the creek for mill purposes but in no ease shall conflict with miners claims
SECTION 15 Any person holding a water claim shall not be prevented from holding a miners claim
No person shall hold more tlmn one gulch claim one patch or Mill Claim and one Lead claim by right of discovery or what is more generally called taken by prospecting but any person or persons bying a claim or claims shall be entitled to hold the same in the same manner as other personal property
Section 10 Repealed and duties imposed on Recorder
SECTION 17 It shall not be lawful for any person or persons to cut any timber or trees upon any claim or claims owned by other parties without the consent of the owner of such claim or claims
SECTION 18 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 19 A lode claim shall be fifty feet wido by one hundred feet in length extending along the lode 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 hill claims shall be subject to any Quartz claims that have or may be discovered upon said patch or Mill claims
SECTION 20 Any man can hold a discovery claim of each kind by working one of them
SECTION 21 No person or persons shall locato a water claim upon the claims of miners without the written consent of the owners of buch mining claim or claims
August 11 1860 At an adjourned meeting held this day the following resolution was adopted
Resolved The order of recording a claim title shall be when presented for record, the preemptor shall present a certificate of his claim with a description of the same and when the title is acquired by purchase he shall present the deed which instrument the Recorder shall copy into a book kept for that purpose and shall file on the back of said instrument the hour of the day the day of the month and the year when such instrument was presented for record and the page of the book where recorded and return the instrument to the owner
The following named persons were chosen a committee to hear and decide disputes in regard to claims Charles Allen John Huntington William Elwick Mr Runolds David Haines
Section 3 amended to read
Any person owning or holding mining claims in this District shall after having them duly recorded hold them as a vested right the same as real estate is held in this District
SECTION 22 The President shall have power to appoint two men and those two shall appoint one other man and the three shall settle the difficulty existing between the miners to which they was chosen to settle from which there shall be no appeal. When the President has a difficulty then the Vice President shall appoint in the same manner
SECTION 23 It shall be the privilege of any miner or miners to take out the water out of North Clear Creek in a ditch or flume around any mans claim or over his claim for the purpose of washing dirt on the hill side hydraulic power or sluicing not interfering the claims passing thereover
SECTION 24 The above laws shall not be repealed unless two thirds of the miners in said District shall concur therein or there shall be a majority of two thirds
SECTION 25 The President shall call the district together upon the written request of five miners of said District the President giving three days notice in writing posted up in three of the most public places or the President and Vice-President shall have the same power giving the same notice
SECTION 26 All meetings of the District shall be held at the Residence of W. T. Carey
SECTION 27 All persons that own claims in this district that are absent since the 30th of September A. D. 1860 recorded sold or transferred or not recorded all such claims shall be considered void unless they have friends or agents in this District to represent their claims all such agencies shall be recorded in five days after the passage of this article or law
SECTION 28 Section 7 was so amended as to read that all citizens of this District shall be entitled to vote at all meetings
SECTION 29 Resolved that it shall be unlawful for any man or men to preempt a claim or claims for any man or men known or believed to be in the states all kind of claims whatever all such claims shall be void
SECTION 29 There shall be five citizens of said District chosen to settle all difficulties in regard to mining interests the opponents are to choose two persons out of said committee and if those two cannot agree the third person shall be chosen out of the committee by the two that are already chosen and if either of the parties are dissatisfied with the decision they can appeal to the miners of the District and from their decision there shall be no appeal.
The committee that was chosen consists of the following persons J. M. Stewart M. L. Turner J. L. Willson R. Crummel W. T. Reynolds
SECTION 30 Resolved That all the laws of Gregory District be adopted except the law relating to Jury. It was passed that there should be six jurors before said Justice and they should be twelve names writ down by the Justice and from those twelve the six should be chosen in the following manner tho Defendant shall strike out the first name and then the Plaintiff shall strike out one and if either or both refuse to strike out the Justice shall do it for them until there is but six remaining and the six remaining shall be the jurors from which there shall be no appeal the party calling the jury shall depost with the Court the jury fees in money which shall be one dellar and fifty cents in cash to each Jaror in case no Jury is called the Court shall try the cause.
I certify the above law to be correct the law that was adopted was past in Gregory District February 18 & 20 A D. 1860
J. S. STONE Judge of the Miners Court
M. STORUNS Recorder
BOULDER COUNTY.-GOLD HILL MINING DISTRICT.-(LAWS OF 1859]
Meetings of the assembly of Dis. No 1
Motioned that each canditate for secretary Declare himself as such publicly whereupon G. S. Barnett. Wiley Runch & P. M. Housel did so.
After a considerable speaking G. S. Barnett was Elected sectreary of Mountain Dis. No 1.
On motion a committee was appointed to Revise the present & make such Amendments as were deemed expedient
Committee consisted of P. M. Housel, Mr Weeks, E. S. Glotfetter J. D. Scott & Wiley Runch
On motion meetings adjourned to meet Saturday July 30th '59 on scattis Lead for the purpose of recieving the committees report on the revising of the Laws and such amendments as they thought expedient to make Adjourned.
E. S. GLOTFETTER Sec. protem.
Minuets of the last meeting being called for the secretary was granted leave to amend them
on the revised Laws &c. thence came up quite a debate in regard to a separate organization in Gold run and on the hill after being discussed to a considerable length the question was decided by a vote of the inhabitants of Gold Run which resulted as follows: That the Gulch should be connected with the Hill in dis. No 1 and carried by an unanimous vote
On motion by Capt. Scott for taxation for road purposes said motion lost.
Motioned and carried that the resolutions should be read Article by Article and approved or disapproved as the assembly choosed or wished.
Resolutions. 1st. Resolved, That this Dis. be called Mountain Dis. No 1 and that it shall extend two miles in each direction from Capt. Scott's discovery claim on the Lead known as Scotts lead excepting in the direction of Boulder district in which direction it shall extend to & Join on the Boulder district.
2nd. Resolved, That each miner shall be entitled to take & hold only one mountain claim and one water claim for the purpose of washing the gold from the quartz. Lead and one Gulch claim by preemption cach quartz claim may be not more than 100 ft. in length and extend not more than 25 ft on each side of the stakes, marking the ends of the claims, each water claim may not be more than 33 ft in length up & down the stream & may extend not more than 20 ft from each bank. each gulch claim may not be more than 100 feet in length & 50 ft in breadth.
3rd. The discovery of any new Lead. or digg. shall be entitled to one claim by right of discovery which he shall mark Distinctly as such and shall name the lead.
4th. All claims hereafter discovered shall be numbered from the discovery claim which shall be in every case No 1.
5th. Each claim must be distinctly marked by a stake firmly driven in the ground or otherwise firmly fastened at each end of the claim on which shall be written the name or names of the person or persons claimming with the directions and dimensions of the claim and the date of making the same.
Resolution 3rd, Sec. 1st. No man shall be permitted to take or hold any claim by preemption in this mining district unless he is an inhabitant of the same or file a declaration of his intention to become such within Ten days, with the Secretary of the miners assosiation and in case of failure to become such in the above named time he shall forfeit his claim
SEC. 2nd. Any man holding a claim in this mining district shall work at least one day in every Ten upon the same until he shall have done Ten full days work upon it whereupon proving to the President of this district by at least one creditable witness he will be entitled to receive a certificate from him of his ownership of sad claim which on being countersigned by the Sec. shall be considered a sufficient title to the same.
SEC. 3rd. In case of failure to perform the one days work in every Ten as specified in article 3rd of this Resolution the claim shall be vacant.
Sec. 4th. When companies of two or more shall be at work upon one claim belonging to the company all other claims owned or held by said company shall be considered as worked by putting a notice on each claim stating where the company are at work.
Resolution 4th. That the owner of a discovery claim shall be entitled to a certificate of ownership for the same as specified in Article 2nd Resolution 3rd whether he shall have done any work or not.
Resolution 5th, Sec. 1st. That the officers of this mining district shall consist of a President who shall also perform the duties of justice of the peace and keep a regular docket of all business done by him and shall receive for his services, for every case tried before him which shall not occupy more than Two hours, Two dollars for each case, for those occupying more than two and not more than four hours, Four dollars; for each case, occupying more than four hours and not more than one day Five dollars, and at the rates of Foar dollars per day for every day after the first.
Sec. 2nd. A constable who shall perform the duties appertaining to his office and shall receive for his services, one dollar for each writ served and Twenty-five cents for each summons to Jurors.
SEC. 3rd. A Recorder who shall perform the duties of secretary and Recorder and record all claims, transfers and other instruments of writing which shall be recorded and shall keep an accurate record of all business transacted by this assosiation in a book separate from that in which the claims are recorded, and shall receive for his services 25 cents for each instrument recorded excepting the minutes, resolutions etc. of the association and in case of the Pres. being absent or unable to attend to his duties, shall perform the duties belonging to his office in his stead.
Sec. 4th. Each witness and jurors shall be entitled to Two dollars per day for their attendance.
Resolution 6th. That the claim or claims, wagons, stock and monies or credits due (except wages for labor) of any man contracting debts in this district shall be liable for such debts.
Resolution 7th. Sec. 1st. That any man having cause of action against another may sue out a writ and have him brought before the proper officers of the district and unless he shows sufficient cause for delay as the absence of witnesses or other cause they shall proceed immediately to trial
SEC. 2nd. In case of a continuance or the plaintiff demands it the defendant shall be required to give satisfactory security for the amount claimed together with cost of suit, and if he fail to comply the Justice may order the Constable to sieze upon any property belonging to defendant and not exempt from levy and hold the same until the case is decided when if the Defendant fail to pay the amount of the Judgment which may be rendered against him, the Justice may issue an execution ordering the Constable to offer for sale the property held or any other which may be found which is liable to levy and sale for debt no sale however shall be made on execution until notices shall have been posted in at least four conspicuous and public places in this Dis. for at least Ten days previous to the sale.
Resolution Ath. That it shall be unlawful for any one to obliterate, deface, or remove or in any way alter any mark from any stake or tree marking the bounds of any claim or claims and upon conviction of such acts shall forfeit all right or interest in the claim or claims the marks of which may be so altered or removed.
GOLD HILL MINING DISTRICT, NEB. Nov 5th, 1859. A Bill was introduced by E. D. Steele to provide for the regulation of mill site claims, as follows:
ARTICLE 1st. Any person who shall hereafter make a claim on any stream within the limits of this Dist. for the purpose of erecting a quartz or lumber mill thereupon shall within ten days thereafter proceed to the occupancy and use of said claim.
Art. 2nd. Every person at the time of making any such mill site claim shall distinctly mark the boundaries by setting up stakes or otherwise and cause a notice thereof to be placed on file in the recorders office.
ART. 3rd. No mill site claim shall include more than Two Hundred feet each side of the center of the stream nor shall occupy more of the stream in lenght than will be sufficient to raise the water by a dam to the height of fourteen feet.
ARTICLE 4th. Any person producing satisfactory evidence to the Pres. of this Dis. that he has complied with the provisions of the first Three articles of this act in making a mill site claim shall be entitled to receive a certificate declairing him or his rightful heirs to be the owner or owners of said claim so long as he or they shall continue to occupy and use it as a Qurtz or Lumber Mill site.
Art. 5th. None of the provisions of this act shall be so construed as to prevent the right of way to all persons up and down the etream across mill' site claims.
Art. 6th. All mill site claims made previous to the passage of this Act and in occordance with the preemption laws of the United States: and not conflicting with the laws of Nebraska Territory is hereby declared valid and certificates of ownership may be issued by the President of this Dis. for such claims in the same manner as for claims made under the provisions of this act provided that such certificate contain the same restrictions as provided in the last clause of Article fourth (4) of this Act.
(On motion the bill passed)
ARTICLE 1st. Immediately upon the passage of this act there shall be Eleven delegates elected by the people to form a convention to make a constitution and to revise and amend the laws of this district.
ARTICLE 2nd. Such convention shall meet within Ten days after the passage of this act and organize themselves for the transaction of business and adopt such rules and regulations for their own government as they shall deem proper, and thereafter they shall meet from time to time until they have completed the constitution and revised and amended the laws as aforesaid.
ART. 3rd. As soon as the convention shall have performed the duties assigned to them by this act, they shall place the new constitution and laws in the office of the Recorder for the examination of all persons at least Ten days previous to the general election, to be held on the first Monday in March. 1860.
Art. 4th. At the general election in March 1860 said revised constitution and laws shall be submitted to a vote of the people for their approval or rejection at which time persons voting on constitution and laws will write on their ballots the words revised constitution and laws, yes, if voting in favor of the new constitution, but if voting against the same shall write on their ballots the words, revised constitution and laws, no.
On motion the bill passed.
Resolved : That a committee of Three be appointed by the people to examine the records of this district and to make a list of all papers legally recorded and leave such list in the Recorder's office to be seen by all persons and post up a notice stating that such list has been made and where it can be found. Carried.
E. D. STEELE Sec.
At a meeting of the miners of Gold Hill held at the President's office on the evening of the 23rd of Oct. A. D. 1860, the Pres. stated the object of the meeting after which a statement and proposition was read to the meeting, from John McKnight & Co. which was as follows
1st. By Draft on a respectable man in St. Louis Mo. payable Sixty days after sight, or a mortgage on our property here payable Sixty days after date thereby securing to each one the full amount due them without any loss whatever Resp
JOHN MCKNIGHT & CO. There was a motion made to extend the time on the payment of the debts for Sixty days; there was an amendment offered to do the same on all mills, which was carried, after which the meeting adjourned
T. P. GRAHAM Sec. pro tem
GOLD HILL DIST. Oct. 29th 1860. Pursuant to a call of the Pres. the miners of Gold Hill Dis. met at the house of Jas. Carlile. When the Pres. called the meeting to order the case of Wm. Bryan vs. Mr. Culver was taken up, it being a case of appeal from the Justice Court to a miners court.
A motion was made that Twelve men be appointed as Jurors to try the case, amended by P. M. Housel that Twenty-four men be appointed and each party choose off Six men the remaining Twelve to be the jurors.
Motion made that the Pres. appoint Three men to choose the Jurors, carried.
E. S. GLOTFETTER Sec.
GOLD HILL Dec. 15th, 1860 The committee appointed to draw off the fee bill and to examine and see if the Constable had charged more than fee bill alowed him to charge, was called to report.
Report of Committee We the undersigned committee appointed to investigate and examine the papers returned to the President's office by James Carlile during the time he was Constable of this Dist. beg leave to report that they have attended to the duties assigned them, and that said Constable has charged Fifty cents for serving papers for which the law allow but Twenty, and, in the case of Collins vs Pancost, he has charged Two dollars and Seventy-five cents mileage which is more than the law would allow under any circumstances by at least one dollar and twenty-five cents all of which is Respectfully submitted by, Committee.
On motion the report was accepted and the committee discharged.
The feo bill was then read which is as follows
Presidents fees :
1st For issuing summons to defendent .....
1st For serving sommons on Defendant renire, on Jurors, Subpæna on witnesses, each 20 cts.
3rd For taking care of property such as horses mules or cattle comming into his hands, all necessary expences shall be allowed as may be decided by the Pres.
4th For posting notices in civil cases twenty cents
8th For selling property three per cent for any amount under $50.00, 24 per cent for any amount under $150.00 and Two per cent for all amounts over $150.00.
The following resolutions were read and handed in to be acted on at the next regular meeting.
20 That when a tunnel is started on any lead no claims shall be taken or preempted on said Lead to interfere with the tunnel below the depth of fifty feet
The above Resolutions were acted upon and carried Dec. 27, 1860.
Pursuant to a call from the Pres. the miners of Gold Hill Dis. met on the evening of the 4th day of March 1861 for the transaction of such business as may come before the meeting.
The following Resolutions were read and adopted.
1st That when an appeal is taken before the miners that the President, Constable, Jurors and Witnesses shall be entitled to the same fees as before the President.
2. That the parties asking for an appeal shall be required to give security for costs before they are entitled to an appeal. 30 That all appeals shall be taken in three days from the time judgment is rendered. After which the following Resolutions were read. 1st Resolved: That the Law requiring Ten days work in the district in order to hold a Quartz claim be hereby repealed. (Laid over) 20 That the the law passed prohibiting the sale of liquors be annulled. (Laid over)
3d That the President appoint a committee of Three to procure a survey of the district and that said committee be instructed to mark the North, West and South boundaries and further that the expences of said survey be defrayed out of the Road Fand. (Laid over)
E. S. GLOTFETTER Sec.
GOLD HILL NEB. TER. Mar. 9th 1861 Meeting called to order by the Pres. W. R. Blore. The minutes of the last meeting read and adopted. The following Resolution was read and adopted. That the Law requiring Ten days work in the dis, in order to hold a quartz claim be hereby repealed. Also adopted. The resolutions to have the District surveyed and to annull the liquor law were lost. The following resolutions were read and laid over till the next meeting.
Resolution 1st That when a trial is brought before the Pres. or miners there shall be reasonable time allowed for collecting the witnesses, by taking oath that the witnesses are absent.
20 That the fees for recording Quartz claims in this district be reduced to Fifty cents.
3d That the road-law be so ammended that each claim be taxed One dollar instead of Two dollars and Ffty cents. (Amendment, $1.00 or a half days work)
4th That the President appoint a committee of three to find how many claims are recorded in the Dis. and make out a list of the samo. The above Resolutions were adopted Apr. 6th 1861
E. S. GLOTFETTER Sco.