board of examiners shall meet at the call of the inspector, and they shall grant certificates to all persons whose examination shall disclose their fitness for the duties of mining boss, and such certificate shall be sufficient evidence for the competency and qualification of the holders for the duties of the said office:

Provisos. Provided, That any person who shall have been employed as a miner at least five years in the coal mines of Utah and as a mining boss continuously by the same person or firm or corporation, for the period of one year preceding the approval of this act, may be entitled, if in the judgment of the inspector he be qualified, to a certificate without undergoing such examination; but he shall not be employed by any other person or firm or corporation without having undergone such examination. The members of the examining board, other than the inspector, shall hold the office for the period of two years from the date of their appointment, and shall receive four dollars per day for each day necessarily and actually employed, and actual and necessary traveling expenses, while employed in their official duties, to be paid by the State. Vacancies in the membership of the board shall be fill by the court of the proper county except the vacancy in the office of inspector. Sessions of the examining board shall not exceed three days in each quarter, and for any certificate granted the board shall receive the sum of one dollar, the same to be paid into the State treasury. No person shall act as fire boss unless granted a certificate of competency by the State inspector of coal

Fire boss to

h a v e certinmines. After the approval of this act no owner, operator, con- cate. tractor, lessee or agent shall employ any mining boss or fire boss who does not have the certificate of competency required. Said certificate shall be posted up in the office of the mine, and if any accident shall occur in any mine in which a mining boss or a fire boss shall be employed who had no certificate of competency, as required by this chapter, by which any miner shall be killed of injured, he or his estate shall have a right of action against such operator or owner, lessee or agent, and shall recover the full damage sustained ; in case of death such Damages. action to be brought by the administrator of his estate, within three years from the date of accident, the proceeds recovered to be divided among the heirs of the deceased according to law.

Sec. 15 (17). The provisions of this act shall not apply to or Application of effect (affect] any coal or hydro-carbon mine in which not more law. than six men are employed in twenty-four hours.

SEC. 16 (18). The neglect or refusal to perform the duties re- Penalty. quired to be performed by any section of this act, or the violation of any of the provisions hereof, shall be deemed a misdemeanor, and any person so neglecting or refusing to perform such duty or violating such provisions, shall, upon conviction, be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars for each and every such offense.

CHAPTER 128.Mine regulations-Protection against fire.

SECTION 1. All mines having but one exit, and the same is Fire proteccovered with the building containing the mechanical plant, furnace tion required,

when. room, or blacksmith shop, shall have fire protection. Where steam is used, hose of sufficient length to reach the farthest point of the plant shall be attached to feed pump or injector, and the same kept ready for immediate use. In mines where water is not available, chemical fire extinguishers or hand grenades shall be kept in convenient places for immediate use, and it shall be the duty of any owner or operator of a mine in the State of Utah, to provide fire protection as mentioned in this section, by July 1, 1901.

SEC. 2. Any person or corporation who shall refuse or neglect to comply with the provisions of this act, shall be guilty of a misdemeanor.


CHAPTER 129.-Mine regulations--safety cages.

Safety cage SECTION 1. It is unlawful for any person or corporation to required, when. sink any vertical shaft, where mining cages are used, to a greater

depth than two hundred feet, unless the shaft is provided with an iron-bonneted safety cage to be used in lowering and hoisting employees, or any other person. The safety apparatus, whether consisting of eccentrics, springs or other device, must le securely fastened to the cage and of sufficient strength to hold the cage loaded at any depth, to which the shaft may be sink. The iron bonnet must be made of boiler sheet iron of good quality. at least three-sixteenths of an inch in thickness and must cover the top of the cage in such manner as to afford the greatest protection to life and limb from any débris or anything falling down

the shaft. Penalty.

SEC. 2. Any violation of this act is punishable by a fine of not less than two hundred or more than five hundred dollars, the same to be paid into the county treasury of the county in which the case is tried.

ACTS OF 1903.

CHAPTER 12.Mine regulations--Powder in mines.

Supply for

SECTION 1. It shall be unlawful for any mining company, cortwenty-four poration, or individual mine owner employing more than ten men hours.

at any one time, to have stored at any shaft house, or covering over any adit, incline or tunnel, connected with a metalliferous mine or within the underground workings of any such mine. stopes or drifts, at any one time, more than enough powder or

other high explosives to do the work for each twenty-four hours. Penalty.

SEC. 2. Any violation of this act shall be punished by a fine of not less than one hundred dollars, or more than one thousand dollars.

CHAPTER 137.-Eramination and licensing of barbers.



SECTION 1. It shall be unlawful for any person to follow the de quired.

cupation of barber in cities of the first and second class in this State unless he shall have first obtained a certificate of registra: tion is provided in this act: Proridei, houerer, That nothing in this act contained shall apply to or affect any person who is now actually engaged in such croupation. A person so engaged less than one year shall be considered an apprentice, and at the expiration of one year of such employment shall be subject to the prori

sions of this art as hereinafter provided. Board of ex- SEC. 2. A board of examiners, to consist of three persons is aminers.

hereby created to carry out the purposes and enforce the prorisions of this act. The governor shall appoint, on or before the first day of May, 1903, one barber to serve one year, one qualified physician to serve two years, and one barber to serve three years who, with their respective successors, to be appointed annually thereafter, and to serve for the term of three years, shall constitute a board of examiners of barbers, two of whom shall be prae tical barbers who have been actually engaged in the business of

barbering for at least five years. Bonds.

SEC. 3. Each member of said board shall give a bond in the sum of five hundred dollars, with sureties, to be approved by the secretary of state, conditioned for the faithful performance of his duties, and shall take the onth provided by law for public officers Vacancies in said board shall be filled by the governor for the

unexpired portion of the term. Organization.

SEC. 4. Said board shall elect a president, secretary and treasurer, shall have its headquarters at such place in the State as the board may determine, and shall have a common seal. A majority of said board may, in meeting duly assembled, perform the duties and exercise the powers devolving upon said board under the provisions of this act.

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Sec. 5. Such board shall have power to adopt reasonable rules Rules, etc. and regulations prescribing the sanitary requirements of a barber shop, subject to the approval of the State board of health, and to cause the rules and regulations so approved to be printed in a suitable form and to transmit a copy thereof to the proprietor of each barber shop in cities of the first and second class in this State. It shall be the duty of every proprietor, or person operating it barber shop in cities of the first and second class in this State, to keep posted in a conspicuous place in his shop, so as to be easily read by his customers, a copy of such rules and regulations. A failure of any such proprietor to keep such rules so posted, or to observe the requirements thereof, shall be sufficient ground for the revocation of his license, but no license shall be revoked without a reasonable opportunity being offered to such proprietor to be heard in his defense. Any member of said board Inspection. shall have power to enter and make reasonable examination of any barber shop in this State, in cities of the first and second class, during business hours for the purpose of ascertaining the sanitary conditions thereof. Any barber shop in said cities in which tools, appliances and furnishings in use therein are kept in an unclean and unsanitary condition, so as to endanger health, is hereby declared to be a public nuisance, and the proprietor thereof shall be subject to prosecution and punishment therefor.

Sec. 6. Each member of said board shall receive a compensation Compensa of three dollars per day for actual service, and ten cents per mile tion. for each mile actually traveled in attending the meetings of the board, which compensation shall be paid out of any moneys in the hands of the treasurer of said board, after an allowance thereof by the board upon an itemnized and verified claim thereof being filed with the secretary by the member claiming the same; but in no event shall any part of the expense of the board or any member thereof be paid out of the State treasury.

SEC. 7. Said board shall report annually to the governor a full Reports. statement of the receipts and disbursements of the board during the preceding year, a full statement of its doings and proceedings, and such recommendations as it may deem proper, looking to the better carrying out of the intents and purposes of this act.

SEC. 8. Said board shall hold each year, at such times and Examinations. places as it shall designate, at least four publie examinations, notice whereof shall be given by a publication at least ten days before the holding of any such meeting, in at least one newspaper printed and published in the city of Salt Lake, and in at least one newspaper printed and published in the county in which said meeting shall be held. Said board is authorized to incur all necessary expenses for the proper discharge of their duties and pay the same out of any moneys in the hands of the treasurer of the board.

SEC. 9. Every person now engaged in the occupation of barber Registration. in cities of the first and second class in this State shall, within ninety days after the approval of this act. file with the secretary of said board an affidavit setting forth his name, residence and the length of time during which, and the place where, he has practiced such occupation, and shall pay to the treasurer of said board one dollar, and a certificate of registration entitling him to practice said occupation thereupon shall be issued to him.

SEC. 10. Any person desiring to obtain a certificate of registra- Applicants. tion under this act shall make application to said board therefor, and shall pay to the treasurer of said board an examination fee of five dollars, and shall present himself at the next regular meeting of the board for the examination of applicants, whereupon said board shall proceed to examine such person; and, being satisfied that he is above the age of sixteen years, of good, moral character, free from contagious or infectious diseases, that he had either studied the occupation for one year as an apprentice under a qualified practicing barber, or that he has studied the occupation in a barber school or schools as defined by this act for one year, or has practiced the occupation in another State for at least



one year, and is possessed of a requisite skill in said occupation to properly perform all the duties thereof, including his ability in the preparation of tools, shaving, hair cutting, and all the duties and services incident thereto, his name shall then be entered by the board in the register hereinafter provided for, and a certificate of registration shall be issued to him authorizing him to practice said occupation in cities of the first and second class in this State: Provided. That whenever it appears that the applicant has acquired his knowledge of said occupation in a barber school. the board may subject him to an examination and withhold from him a certificate if it shall thus appear that he is not qualified to

practice the said occupation. School de- SEC. 11. A barber school is hereby declared to be a school confined.

ducted by a suitable person who is authorized to practice the occupation of a barber in this State, and in which all instruction is given by t'ompetent persons so authorized, and in which the course and period of training shall comply with the rules and regulations

of said board adopted for the government of barber schools. Apprentices. SEC. 12. Nothing in this act shall prohibit any person from sert

ing is an apprentice in said occupation under a barber authorized to practice the same under this act, nor from serving as a studept in any school for the teaching of such occupation under the in

struction of a qualified barber. Same subject. SEC. 13. Every apprentice, in order to avail himself of the pro

visions of this act, must file with the secretary of said board a statement in writing, showing the name and place of business of his employer, the date of commencement of employment withi him, and the full name and age of said apprentice, and shall pas

into the treasury of said board a fee or [of] fifty cents. Card

Sec. 14. Said board shall furnish to each person to whom a cer: displayed.

tificate of registration is issued a card or insignia bearing the seal of the board and the signature of its president and secretary, ar tifying that the holder thereof is entitled to practice the occuption of barber in this State, and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in front of his working chair, where it may be readily seen by all persons whom he may serve. Said card or insignia shall be me newed on or before the first day of July of each year, and the holder of said certificate of registration shall pay to the secretary of said board the sum of one dollar for said renewal card or insik nia. Upon the failure of any holder of a certificate of registra tion to apply for a renewal of his card or insignia on or before the first day of July in each year, his said certificate may be voked by said board, subject to the provisions of section 16 of

this act. Register.

SEC. 15. Said board shall keep a register, in which shall be entered the names of all persons to whom certificates are issued under this act, and said register shall be at all times open to pub

lic inspection. Revocation of

SEC. 16. Said board shall have power to revoke any certificate of certificates.

registration granted by it under this act, for (a) couriction of crime; (b) habitual drunkenness; (c) gross incompetency; (d) the keeping of a shop or the tools, appliances or furnishings thereof, in an unclean and unsanitary condition; (e) failure to comply with the requirements of section 14 of this act: Provided That before any certificate shall be revoked the holder thereof shall have notice in writing of the charge or charges against himn. and shall have a reasonable opportunity to be heard in his defense Any person whose certificate has been revoked may, after the expiration of ninety days, apply to have samé regranted, and the same shall be regranted to him upon a satisfactory showing that

the disqualification has ceased. Violations.

Sec. 17. Any person practicing the occupation of barber without having obtained a certificate of registration, as provided by this act, or employing a barber who has not such a certificate, of falsely pretending to be qualified to practice such occupation under this act, or for violating any of the provisions of this act, is

guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than ninety days.



CHAPTER 38.Employment of children.


SECTION 712. No child under fifteen years of age shall be em- Certificate reployed in a mill or factory unless such child has attended public quired. school twenty-six weeks during the current year, and deposited with the owner or overseer of such mill or factory a certificate of such attendance at school, signed by the teacher thereof.

SEC. 713. A child under fourteen who cannot read and write Illiterates. shall not be employed during the sessions of the school such child should attend. Sec. 714. Any person violating the provisions of the

Penalty. preceding sections shall be fined not more than twenty-five dollars and not less than five dollars to the use of the town in which the child resides. Truant officers shall make complaint for violations of this chapter to a justice or judge of a municipal court.

Sec. 715. The town superintendent may inquire of the owner or Employers to overseer of a mill or factory as to the employment of children show certifitherein, may call for the production of the certificate deposited with such owner or overseer, and satisfy himself that the requirements of law have been complied with.


CHAPTER 69.-Exemption of wages from garnishment.


本 SECTION 1312 (as amended by act No. 31, Acts of 1896).

What wages neither shall a person be adjudged a trustee by reason of wages or

are exempt. compensation due the principal debtor, for work and labor performed by him in person after the service of the trustee process upon the trustee; and no earnings of a minor or married woman shall be subject to the trustee process in a suit against the parent of such minor or husband of such married woman. Neither shall a corporation be adjudged a trustee by reason of any money due from it to a person residing without the State, for services rendered without the State; provided a like sum of money so due would be exempt from attachment by trustee process in the State where such person resides.

CHAPTER 102.— Wages preferred-In insolvency.

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In the order for dividends under this Order of paychapter, the following claims shall be entitled to priority, and be

ment of de

mands. paid in the following order :

I. The fees, costs, and expenses of suits, and the several proceedings in insolvency under this chapter, and for the care and custody of property as herein provided.

II. Debts due the United States, and taxes and assessments under the laws thereof.

III. Debts due the State, and taxes and assessments under the laws thereof.

IV. Wages due any employee, clerk or house servant, to an amount not execeeding fifty dollars, for labor performed within six months next preceding the date of the adjudication.

CHAPTER 131.-Earnings of married women.
SECTION 2647. All personal property and rights of action ac-

Earnings quired by a woman before coverture, or during coverture, except separate propby gift from her husband, shall be held to her sole and separate

erty. use,

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