The Vigilantes of Montana: 1864 Revisited

Bannack District Mining Laws October 19, 1862

At a miners' meeting of the miners of Bannack District, held on the 19th day of October A. D., 1862, for the purpose of forming and passing laws for the government of the District, the following laws and regulations were reported by the Committee, and adopted and ratified by the people.

Claims.
Sec. 1. Claims on Grasshopper Creek shall be fifty feet on the creek, and extending across the stream from base to base, of the mountains, including all old beds of the creek or stream.
Sec. 2. Gulch claims shall be 100 feet in length, on the gulch, and extending on over one foot on each side.
Sec. 3. Lode claims shall only be had on well defined Quartz Iodes, and shall be 100 feet on the lode, and 25 feet on each side, including all spurs and branches.
Sec. 4. Each miner may hold, by pre-emption, one claim on the creek, one Gulch claim, one lode claim, and one patch or hill claim, and working one shall be considered as working all.
Sec. 5. All claims shall be staked with the name of the owner with the length and breadth of the same, and the date of staking, and when in company with others, shall have also the names of the company with whom he is working.
Sec. 6. Claims shall be worked or represented at least each five days, excluding Sunday, hut working claims held in company shall be considered as representing all claims of the individual members of the company, if property is staked and worked.
Sec. 7. All claims shall be recorded by the individual holders of the same, with their own names, provided not heretofore re- corded by individual members, within the next six days, from and after the passage of this section, and all taken hereafter, within six days after staking, or shall be forfeited, and no claim shall be recorded or held by a company name.
Sec. 8. When no claims exist on the Creek, any person or persons wishing to turn the stream, or flume it to work the bed of the same, may claim one hundred and fifty feet, each, of said unclaimed ground, and hold the same, provided work be commenced within ten days, from staking, and prosecuted faithfully to completion, but said work shall be continuous, but not one day in ten.
See. 9. All persons residing and working their home, within the limits of this District, which shall extend from the line of the lower district, to the head of the Grasshopper Creek, and its branches, and three miles on each side of said creek, and be known as Bannack District, shall hold their claims without working the same, from the 15th day of November, next, to the first day of May, following, and all laws for forfeiting claims held as above shall be suspended for and during that time.
Sec. 10. Purchased claims shall be held in the same way, as pre-emption claims, but no individual shall be allowed to bold more than one claim by purchase, besides his pre-emption, except in Lode Claims, and any person having heretofore purchased more than that number, shall be allowed ten days from this date to sell and dispose of the same.
Sec. 11. Any person making a new discovery of diggings of any kind, or lode claims, shall be entitled to hold one extra claim, as a discovery claim, without working the same.
Sec. 12. Building lots may be taken 50 feet in front, and 150 feet deep, and by recording the same, each individual may hold one lot and no more, as real estate, and may sell, trade or barter, the same, or build upon it at his option.
Sec. 18. The fees of the recorder shall be fifty cents, for each pre-emption recorded, and for all deeds, bills of sale, or mortgages recorded, one dollar for each one hundred words to be recorded, and no deed, bill of sale, or mortgage, shall be held good against third party, unless recorded.
Sec. 14. Any person owning a dry claim, may pre-empt any unpre-empted ground on the creek, for a water claim, for the purpose of washing his dirt, whether by cradle or sluice, and may hold same as a water claim, by recording and improving the same, within the ordinary time for other claims.
Sec. 15. When any person has gone for provisions, intending to return, two months from this date, shall be allowed to return, before forfeiture of their claims.
Sec. 16. In all trials before the miners, which may be presided over by the President of the District, the losing party shall pay the President the sum of Five Dollars for his services.
Sec. 17. The President may, at any time he may think proper, appoint a Sheriff to act in any case pending, or being commenced.