The Vigilantes of Montana: 1864 Revisited

The May 23, 1863 Meeting of the Bannack District Miners

At a meeting of the miners of Bannack District, held May 23rd, 1863, the following Laws were reported by the Committee and adopted by the people.

Art. 1. The officers of the District shall be President, Miners' Judge, Sheriff and Coroner.
Art. 2. It shall be the duty of the President to preside at all business meetings of the District, and to act as Judge, with power to call a jury, in cases regarding mining claims, the parties litigant mutually agreeing thereto.
Art. 3. It shall be the duty of the Judge to preside over all trials of cases in the District, except in mining cases, where parties litigant agree to refer to the President, and when called upon, to issue such process to bring parties into Court, as is common and right in such cases, also to keep a docket and make an entry therein of all suits brought, with the judgment or verdict rendered, also to have a jury of not less than four nor more than eight impaneled, when requested so to do, by either plaintiff or defendant, and receive for his services the sum of $5.00 for presiding at each and every suit, together with 25 cents for all oaths administered, and the issuing of each and every writ in the case.
Art. 4. It shall be the duty of the Sheriff to serve all writs and executions, and carry out the awards of the Court, and do all other acts appertaining to his office, and shall receive for his services, for attendance in Court, during trial, $2.50; serving warrants, $1.00; serving summons, 50 cents, and 25 cents each for summoning witness and jurors, and 25 cents mileage.
Art. 5. It shall be the duty of the Coroner, in all cases of violent or accidental death, to summon a jury of six persons over which he shall preside, in examining into the causes and circumstances attending the death of the person over whom the inquest is held, and when called on, the Sheriff shall act as the officer of the inquest to summon jurors, and witnesses, and shall receive for the service the usual fee -- while the coroner shall receive for his services on each and every inquest, the sum of $8.00.
Art. 6. In each and every suit, witnesses shall receive Two Dollars, and jurors Three Dollars, except in cases where the trial shall last for more than one day, when additional fees will be allowed.
Art. 7. In all criminal cases, the punishment to be inflicted shall explicitly set forth in writing the verdict of the jury.
Art. 8. All civil suits shall be commenced by complaint set ting forth in plain, simple language, the cause of action and remedy sought.
Art. 9. All attachments may issue when the complainant shall make oath before the Judge, that he has reasons to believe that the defendant intends to leave the district, or turn over his property with intent to defraud, and may be served on any property in defendant's hands, or to garnishee debts in hands of others, and shall hold good till five days after final judgment.
Art. 10. In all suits and cases, not herein provided for, the Common Law shall be adopted.