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Notice No. 2.
DEAR SIR: If the contents of the previous notice handed you by myself are not immediately complied with, the decision therein contained will be enforced according to the Constitution. Yours very respectfully
FE. TYLER, Marshal.
Upon failure of the parties to comply with the first notice, after a limit of two weeks, the second notice is then issued, and the order is preemptory. Upon further refusal to obey, the Marshal is empowered to summon to his aid a possee of the members of the association and proceed at once under arms to cause a forcible ejectment of the parties remaining in possession of the property in dispute.
GUNNISON COUNTY.-PITKIN OR QUARTZ CREEK MINING DISTRICT.
LAWS AN REGULATIONS OF THE PITKIN MINERS & MERCHANTS ASSOCIATION
The first meeting was held August 7 1880. The following is an abstract the proceedings; as taken from a a newspaper report
THE MINERS' MEETING.
Mr. John T. Dixon was elected temporary president, and Frank P. Sheafor temporary secretary, but the latter not being present, William Crawford was nominated and elected.
A committee on permanent organization, consisting of Messrs. Hart, Herzberg, Mills, Ferry, Ebey, McDaniels, Dixon, Fulton, Cornwell and Clemes was nominated and elected.
The committee on permanent organization, through their chairman, Mr. Juan S. Hart, and announced themselves ready to report.
The report of the committee on permanent organization was then read. It provided for a roll of members, for the election of a president, two vice presidents, secretary, treasurer, advertising committee, committee on mines and visitors, committee on freights, and a committee on ores. The report was accepted and the committee discharged.
Those desiring to enroll themselves as members of the association were requested to give their names, and the following responded:
John T. Dixon & eighty seven others
It was moved and seconded that the secretary be authorized to solicit more signatures. Carried.
The meeting then proceeded to the election of permanent officers and members of the following committees ;advertising, mines & visitors, freights, and ores.
Messrs. Ferry, Hart and Chisholm were elected a committee on constitution and by-laws, to report at the next session, and the meeting then adjourned until this evening.
AUGUST 14 1880
Prest. Hart called the meeting to order, and the roll was called by Secretary Crawford.
On account of the small number present and the importance of the meeting, Mr. Humphreys moved to adjourn. This motion was after some discussion withdrawn.
Messrs. Wm. Marders, W. H. Vance, C. M. Cate, C. M. Humphreys and Joseph Karnaley thereupon signed the roll.
Mr. Mills moved to proceed to hear the report of the committee on constitution and by-laws.
The president decided that the minutes should be first read.
Mr. Culton thought Mr. Humphreys should be allowed to repeat his motion to adjourn.
On motion of Mr. Chisholm the reading of the minutes was dispensed with, much to the relief of ye secretary. The Committee on Constitution and by laws then presented their report, which was discussed by section.
Mr. Mills moved that the report be placed before the house for consideration.
After some discussion carried.
It was moved and carried that the report be acted on seriatim.
The committee then reported the name as the Miners' and Merchants' Association, of Pitkin, which provoked considerable opposition and discussion, and was finally, on motion of Mr. Cornwell, changed to Miners' and Merchants' Co-operative Association.
(The constitution and by laws as amended are given further on.)
Sections 2, 3, 4 and 6 of the constitution were adopted, and 5, 6, 7, 8 and 9 were laid over until the next meeting.
Two amendments to the by-laws were carried, one by Mr. Sugget that a two-thirds vote of those present should be required to make any alteration in the constitution and by-laws, and one by Mr. Stevenson that notice of any amendment should be given at the meeting prior to that at which action should be taken.
Articles 1, 2, 3 and 4 of the by-laws were laid over until the next meeting; article 5 was adopted; article 6 was adopted; article 7 was adopted, which wound up the report.
Mr. Smith then moved to proceed to the election of officers under the constitution. The motion was put and carried.
Mr. Stevenson nominated Mr. Clemes, and Mr. Patterson nominated the present president, Mr. Hart.
A lively discussion now took place, some claiming that the present officers were permanent and others opposing. A motion by Mr. Culton to reconsider the last vote was put and carried, and then on motion of Mr. Humphreys the meeting adjourned until this evening at 8 o'clock. The president, previous to adjournment, was authorized to appoint a committee to watch the man who kept the key and to furnish lights.
THE M & M ASSOCIATION
AUGUST 21 1880
The association met in the Town Hall on Saturday evening, August 21, a small number being present. The President Called the meeting to order
The question as to what number Constituted a quorum was discussed, some thinking it better to adjourn until the following Saturday
Mr. Chisholm moved an amendment to the by-laws, that twenty Constitute a quorum.
Mr Shumate moved to make the number fifteen, which motion was lost.
The original motion was then Carried.
Mr. Sheafor moved that a quorum be declared present, and the meeting proceeded to business. The motion was Carried.
The minutes were read, amended, and, on Motion of Mr. Stevenson, adopted.
Section 9 of the Same article was adopted
Sections 1, 2 and 3 of the by-laws were adopted.
Section 4 was amended and adopted.
Notice of amendment to section 3 of article 4 was given by Mr. Crawford.
CONSTITUTION AND BY-LAWS OF THE PITKIN MINERS' AND MERCHANTS' ASSOCIATION
Recognizing the necessity of a definite organization of the Miners' and business men of the town of Pitkin and the Quartz Creek Mining District, for furthering the interests of the Camp and developing its resources, and for making rules and regulations to govern the district, we, the miners and business men of Pitkin, do hereby form ourselves into such an organization, and adopt the following Constitution and by-laws for our better Government:
This organization shall be called and Known as the "Pitkin Miners' and Merchants' Association".
The Officers of this Association shall consist of a President, two Vice Presidents, a Secretary, a treasurer and the following Committees: Of twelve on Mines and Visitors; a Committee of three on advertising; a Committee of three on freights; a committee on ores, to include all the assayers, and a Committee of three on finances.
These officers and Committees shall be elected for a term of three months.
SECTION 1-President-It shall be the duty of the President to Call to order and preside at all meetings of this association
SECTION 5. Advertising Committee: It shall be the duty of the advertising Committee to receive and insure publication of any letters or Communications regarding the resources or development of the Camp.
SECTION 6-Committee on Mines and Visitors. It shall be the duty of the Committee on Mines and Visitors to Keep themselves informed as to the location and Value of the Mines of the district, and to invite the inspection of our Mines by any responsible Visitors who may Come to the Camp with a view of purchasing property or erecting machinery for the treatment of ores.
SECTION 7-It shall be the duty of the Committee on freights to report at each meeting the lowest bids for hauling ores to the end of the track.
SECTION 8-It shall be the duty of the Committee on ores to report the receipt or promise of ore sufficiently valuable for Shipment. SECTION 9—It shall be the duty of the Finance Committee to authorize expenditures and to give orders on the Treasurer for the same
This Constitution shall be subject to amendment and addition at any meeting by a vote of two-thirds of the Members present, notice of such amendment or addition to be given at one Meeting and acted on at the following one.
First-Admission fees: An admission fee of 50 cents shall be exacted of all who may sign this constitution and by-laws.
Third-Assessments: In Case of extra, expenditure being authorized by the Chairman of the Finance Committee, an assessment sufficient to Cover such expenditure shall be collected by the Treasurer.
Fourth-Meetings: The meetings of this association shall be held on the first and third Saturday of each month, at 8 p. m., at the
Fifth-Salaries: No officers or Committees shall receive any pecuniary Compensation for personal services.
Sixth-Extra meetings: Extra meetings May be called by the President on a written request to that effect, signed by five members of the association
Seventh-Changes or additions to the by-laws. Any changes in or additions to these by-laws may be made at any meeting by a vote of two thirds of the members present, notice of such change or addition to be given at one meeting and acted on at the following one. On motion the Consideration of district rules were laid over till the next meeting
GILPIN COUNTY.-HAWKEYE MINING DISTRICT.
LAWS OF HAWKEYE MINING DISTRICT
Officers There shall be one President one Sheriff and one Recorder who shall be elected annually on the last Saturday in April by the legal voters of the District and hold their respective offices until their successors are elected and qualified each of whom shall take an oath to faithfully and impartially 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.—The recorder and sheriff together with three other electors shall compose the board of electors 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 Recorder 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 shall be any vote challenged by any elector either of the clerks or judges shall administer any oath necessary to determine the right of said vote. Polls ared to be open at 9' oclock A. M. and close at six o'clock P. M. at the close of the polls the clerks and judges shall canvass the votes and the persons receiving 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 officers 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 the vote shall be by ballot and at all meetings as the President may direct
Sheriff 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 sureties to the acceptance of the Court for the faithful performance of his said duties He shall be conservator of the peace and take an oath that he will faithfully discharge all and singular the duties pertaining to said office
Vacancies Any officer resigning or removing from the District shall be required to deposit all Books papers money &c belonging to the District or pertaining to his office with the remaining officer or officers of the District which officer or officers shall immediately call an election to fill such vacancy
Courts The president shall be Judge of the Miners Court of the District and any person having a 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 Complaint and if the Defendant appears he shall file his answer in writing as above stated whereupon the Judge shall summon the Defendant to appear at a given time and place mentioned in said Summons which shall not exceed ten days from 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 a third arbitrator the Judge shall appoint a third arbitrator 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 the 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 shown by the testimony of the jurors or other disinterested person and the Sheriff shall fill the panel with talesmen 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. Costs in all cases shall be taxed as the referees Court or jury trying the same may direct. Either party may have the right to an appeal from the from the decision of the Court or Jury of six if gives notice of an appeal at the rendition of the Judgment or verdict and pay all costs within five days from the rendition of the Judgment or Verdict and when the appeal is so taken the Judge shall write the names of twenty four good disinterested voters of the District as in the aforesaid jury list from which each shall strike therefrom as in the jury of six until only twelve remains and proceed in all respects the same as in the aforesaid Jury of six and the decison 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 in equity shall be fairly tried by the referees Court or Miners Meeting as the parties may elect and judgment shall be rendered by the Court accordingly 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 interest and legal costs but any rate of interest agreed upon in writing between the parties shall be lawful
The Judge of the Miners Court shall keep a docket of all proceedings had before him shall be allowed two dollars and fifty cents a day for presiding at each trial (and when the Recorder shall preside in his stead he shall be entitled to a like sum shall be allowed twenty cents per hundred words for making out all necessary papers except writs of original service and executions for each of which he shall be allowed fifty cents for rendering judgment fifty Cents and making up docket twenty cents per hundred words for each transcript duly certified twenty cents for each hundred words
The Judge Recorder and Sheriff are hereby empowed to administer all oaths and to 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 officers of the District naming the officers to be elected and shall call a meeting of the miners upon the application of five legal voters of the District stating the object for which said 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 discretion require the Plaintiff to Deposit money or give security for all costs that may accrue
Judgment & Execution 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 advertisement posted in three public places in the District at least six days before the sale thereof and such property shall be sold to the highest bidder at public out cry to satisfy execution and accruing costs but if the said property cannot be sold for want of bidders unless at great sacrifice or if the Plaintiff order him so to do the officer having charge of the sale may adjourn said sale any length of time not exceeding ten days. In all cases of real estate sold upon execution the defendant shall have the privilege of paying the principal interest and costs with ten per cent per annum thereon and said property shall revert to said Defendant or his legal representatives the same as if such sale had not been made and the officer selling any real estate as afore said 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 officers but if the deceased had relatives or creditors in the District they may apply and take out letters of administration by complying with such rules as the President may adopt and property shall be disposed of by the Court or administrator to the best advantage to the creditors and heirs of the deceased and the proceeds paid over to the proper person entitled thereto according to direction of the President
Lawyers No practicing lawyer or any other person having been admitted as such in any state or territory shall be permitted to appear in any cause pending in this District as attorney or agent of any person except he himself is a legal party to said suit and if a lawyer should be a legal party to any suit the opposite party may also employ council in his if chooses so to do but in all other cases lawyers shall not be admitted
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 arrival of such debtor therein
Duties of Recorder fe It shall be the duty of the Recorder safly 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 be always open to the inspection of all persons never to be taken from the possession of the Recorder. All persons shall be entitled to copy any record at any time and the Recorder shall deliver over all books and records to his successor in office. In case of absence interst or inability to of the Present 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 orther writing necessary to be recorded containing one hundred and fifty or less number of 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 must 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 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 be sold for a greater sum than will pay the Recorders fees all overplus shall go into the District Treasury for the use of the District. The purchases 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 Upon the application of any person holding a legal claim against a non-resident debtor about to abscond or move out of the jurisdiction of the Court or about conveying or concealing his property to the injury of his creditors or secreting himself within the District so that legal service cannot be had or fraudulently conveying or concealing his property to defraud his creditors upon filing and affidavit setting forth any of the aforesaid facts and the amount and nature of his claim and paying or securing the costs as the Court direct the Judge shall issue a writ of attachment to attach all the good and chattels lands and tenements moneys 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 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 be not 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 hiar and determine the case according the 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 determination of said suit and be sold as other property of the same nature upon the execution issued upon such judgment. But if the Defendant is a resident 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 Defendant is a resident or separately as the nature of the case may require 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 be still held liable to the amount of the 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
Writ of replevin Any person being possession of personal property of another the opposite party may file with the Judge an affidavit setting forth the name of the Defendant or Defendants with a description of the property claimed and that he is justly entitled to the possession thereof and that said Defendant or Defendants refuse upon demand thereof to give it up and upon said Plaintiff paying or securing costs to the Satisfaction of the Court the Court shall issue a writ of replevin for said property and a Summons for the Defendant or Defendants to appear before him at a time and place in said summons mentioned to answer unto said Plaintiff for the unlawful detention of said property and the officer to whom said writ is delivered shall take possession of the same and notify the Defendant or Defendants to appear before the Court at the time and place mentioned in said writ to answer unto said Plaintiff for the unlawful detention thereof and if the Plaintiff file a bond with security to the satisfaction of the Defendant or Defendants or the Court within twenty four hours from the service of said writ said property shall be delivered to the Plaintiff and if he shall fail so to do the property shall be returned 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 a 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 for damages and costs of snit accruing to the award of Judgment or verdict as the case may require and issue execution as in other civil cases
Ejectment Any person being in possession of Real property claimed by another the claimant may institute his suit of ejectment which shall be proceeded in as in other civil cases and decided according to the law and the equity of the case and if the claimant shall sustain his action the Defendant shall be removed by order of Court within five days from the trial of the cause and pay all costs and in Default thereof the Judge thereof shall issue a writ of possession or execution as the nature of the case may require. If the Plaintiff fail to establish his case 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 such labor was performed or material furnished and all conflicting liens shall have priority according to their respective origin if filed and recorded as aforesaid
Sunday The officers of this District shall not be compelled to perform any civil business on Sunday
Public Highways Any person obstructing any public road or highway 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 all 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 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 payment of fees.
Said specification shall state the commencement and 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 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 on all lodes that they are the original discovery of and also fifty feet on each side of the center of said tunnel of all lodes that they are the original discovery of and also fifty feet on each side of the center line of all lodes discovered by other person after the commencement of said tunnel 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 lodes 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 claims shall be surveyed and plainly staked or marked from the commencement to the termination thereof prior to the commencement of the work every tunnel company shall be required to commence work within thirty days from the time their claim was recorded and shall do at least three months labor for one laborer 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 such discovery before the time of said forfeiture. Tunnel claims shall have only the right of way across all lodes that may be in the course of said tunnel that is recorded according to law
Towns and villages Any person or persons laying out any village town or city in this District he or they shall be entitled to every tenth lot and shall erect some permanent monument as a starting point and file with the Recorder a plat of said village town or city within fifteen days giving a full description of the starting point the course and width of streets size of block and lots and numbers of each and all things necessary for the location of said village town or city and the Recorder shall record the same upon the payment of his fees
Claims All claims made on lodes by Discovery shall be two hundred feet by fifty wide Measurement in all cases to be horizontal. Gulch claims shall be one hundred feet up and down the Gulch extending from bank to bank. Patch claims shall be one hundred feet square Discovery claims shall be staked and marked as such All legal claims shall be held as vested rights by representing once a year in person by signing their names upon a book kept by the recorder for that purpose in the months of August September and 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 for ten days
No claims shall be valid unless taken by a person residing in the vicinity of the Rocky Mountains
No lode or crevice shall be recorded unless the same is exposed by actual work. The discoverer may have sixty days to open & prove the lode and file for recording and no lode claim shall be valid as a preemption until the discovery claim is filed and a name give to said lode
Mill claims shall be two hundred and fifty feet up and down the gulch and. from bank to bank and fifty feet up each bank all timber on said mill claims shall belong to said mill claims
Timber All timber on Quartz claims shall belong to the owners of the claims and where lodes run near each other the timber shall be equally divided between the respective owners and timber on all other claims shall belong to the owners thereof
Water companies When water companies are engaged in bringing water into any portion of the mines they shall have the right of way secured to them and may pass over any claim road or ditch but shall so guard themselves in passing as not to injure the party over which ground they pass
Sheriff's fees The sheriff shall receive for his service the following fees towit
Serving summons for each person therein named. .25
Service in criminal cases
Writ of Mandamus...
Subpoena for each person therein named...
16 Order or Notice of Court..
Selling property on execution or order of sale.
Bringing up prisoners on a writ of Habeas Corpus
For all sums made by sale on execution or order of sale not exceeding five hundred dollars 24 per cent
If made without sale on all sums under five hundred dollars 14 per cent and over five hundred dollars per cent
Witness and jurors fees per day.....
New lodes Owners of newly discovered lodes running parallel and within twenty-five feet of some 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 eto Hereafter no lede