Gilpin County CO Archives History - Books .....Laws And Regulations Of The Miners Of Gregory Diggings District 1920 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/co/cofiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Robert Sanchez http://www.genrecords.net/emailregistry/vols/00027.html#0006574 August 8, 2009, 10:43 pm Book Title: Early Records Of Gilpin County, Colorado LAWS OF JULY 16, 1859 [1] [1] Gregory District, Book A. LAWS & REGULATIONS 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 Resolutions 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 Resolved, That for the Settlement of differences and the purpose of preventing disputes the Miners of this District hereby Enact; that there Shall be elected in this District by ballot a President a Recorder of Claims and a Sheriff for the term of one year from this date. That the President Secretary and one Assistant to be chosen by the people be tellers of Said Election and that it take place immediately. The above Resolution was passed on the 9th of July, 1859 When Cap R. Sopris was Elected President, C. A. Roberts, Recorder and Chas Peck Sheriff C. A. Roberts Recorder 2d It Shall be the duty of Recorder to take charge of and Safely keep all records heretofore made by the Secretary and all records made necessary by Law Shall hereafter be made by him 3d All Claims may be Recorded if the owners See fit but no claim which is being worked Shall be obliged to be recorded 4th When any miner has a Lead Claim which it is impossible 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 forfeited 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 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 answer within three days. If he fail to do so the Complaint shall be taken as true and Execution issued. If he appear and answer 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 parties 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 accrued. Which jury Shall be selected by the Justice (or President) 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 provided by the Statutes of Kansas 11th The fees of the Recorder Shall be one Dollar for Each Claim Recorded 12th The Justice (or President) Shall be entitled to five Dollars for presiding at Each trial and making out the papers 13th The Jury Shall be Entitled to one Dollar Each per day 14th The defeated party in Each Suit Shall be liable for all Costs of the Suit and the Justice (or President) Shall issue Execution for the Same which Shall be Collected from any property the party So liable may have (Excepting tools beddings 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 Defendant 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 17th 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 bring water to the Same and shall hold the water not interfering with 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. hundred feet up and down and fifty feet wide following the meandering of the Stream and shall be worked within ten days if water can be obtained, if water is wanting, he may record the Same and hold it until water can be obtained Any time after the first of September any miner may record his Gulch Claim and hold it till the first of June 20th When any miner holds both a Gulch and Lead Claim if one be worked the other may be held without working by recording the Same 21th When water Companies are engaged in bringing water into any portion of the mines they Shall have the right of way Secured to them and may pass over any claim road or other Ditch, but shall so guard themselves in passing as not to injure the party over whose ground they pass 22st When any company is formed for the purpose of Tunneling for discovery the parties engaged may Stake off record and place Notices on ground two hundred and fifty feet Each way from the Tunnel and running as the Tunnel is intended to run. After that all new leads discovered in Tunneling 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 Tunnel. If work on the Tunnel be Stoped for one week at any time the original Claim shall be forfeited and Shall be again open to Claiments Passed at the Miners' Meeting July 16th 1859 Attest C. A. Roberts, Recorder R. Sopris President File at: http://files.usgwarchives.net/co/gilpin/history/1920/earlyrec/lawsandr5ms.txt This file has been created by a form at http://www.poppet.org/cofiles/ File size: 7.3 Kb