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Same regula

tions as school for deaf and

dumb.

enable them to become self-supporting and useful citizens. Residents of Utah shall be entitled to the benefits of the school free of expense. Pupils from other States may also be received and instructed on such terms as the governing board may prescribe.

Sec. 4. All provisions of law governing the Utah State School for the Deaf and Dumb, so far as applicable, shall apply to the Utah State School for the Blind.

Sec. 5. This act shall take effect upon its ap

proval.

Approved March 13, 1896.

CHAPTER XLIX.

LABORERS' WAGES A PREFERRED DEBT.

AN ACT to protect Employes, Servants and Laborers in their claims for
Wages.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. That hereafter, when the property of In receiverships any company, corporation, firm or person shall be laborers' wages seized upon by any process of any court of this State,

a preferred debt.

Enforcement of claim.

or when their business shall be suspended by the action of creditors, or be put into the hands of a receiver, assignee or trustee, then in all such cases the debt owing to employes, laborers or servants, for work or labor performed within one year next preceding the seizure or transfer of such property, shall be considered and treated as preferred debts, and such laborers, servants or employes shall be preferred creditors, and shall be first paid in full; and if there be not sufficient to pay them in full, then the same shall be paid to them pro rata, after paying costs. Any such employe, laborer or servant desiring to enforce his or her claim for wages under this act, shall present a statement, under oath, showing the amount due after allowing all just credits and set-offs, the kind of work for which such wages are due, and when performed, to the

officer, person or court charged with such property, within ten days after the seizure thereof on any writ of attachment, or within thirty days after the same may have been placed in the hands of any receiver or trustee; any person with whom any such claim shall have been filed, shall give immediate notice thereof by mail to all persons interested; and thereupon it shall be the duty of the person or the court receiving such statement to pay the amount of such claim or claims to the person or persons entitled thereto (after first paying all cost occasioned by the seizure of such property) out of the proceeds of the sale of the property seized; Provided, That any person interested may contest such Contest of claim or claims, or any part thereof, by filing exceptions thereto, supported by affidavit, with the officer having the custody of such property, within ten days after the notice of presentment of said statement and thereupon the claimant shall be required to reduce his claim to judgment before some court having jurisdiction thereof, before any part thereof shall be paid, and the party contesting shall be made a party defendant in any such action and shall have the right to contest such claim, and the prevailing party shall recover his proper costs.

Sec. 2. An act entitled, an Act to protect employes and laborers in their claims for wages, approved March 10, 1892, is hereby repealed.

claim.

reserved.

Provided, That the repeal of said act shall not affect Rights any right or remedy, nor abate any suit or action or proceeding existing, instituted or pending, under the law hereby repealed.

Sec. 3. This act shall take effect upon its approval.

Approved March 13, 1896.

Sheep to be dipped for

CHAPTER L.

DISEASE AMONG SHEEP.

AN ACT for the prevention of Disease among Sheep, and Repealing Chapter LXVI of the Laws of 1894, entitled "An act for the Prevention of Scab and other Diseases among Sheep," approved March 8, 1894.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. That all sheep owned, controlled or ranged in this State shall be thoroughly dipped at least once each year, in some preparation that will kill scab on sheep. Any person or persons, firm, association or corporation, owning, controlling or ranging sheep in this State, violating the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction may be fined in any sum not exceeding one hundred dollars for each offense.

Sec. 2. An act entitled "An act for the prevention of scab and other diseases among sheep" approved March 8, 1894, of the Session Laws of 1894, is hereby repealed.

Approved March 14, 1896.

Liability of

CHAPTER LI.

INJURIES BY DOGS.

AN ACT relating to the recovery of damages for injuries by Dogs.

Be it enacted by the Legislature of the State of Utah: SECTION 1. Any person who owns or keeps any owners of dogs. dog, shall be liable in damages for any injurious act committed by such dog; and it shall not be necessary in any action brought therefor, to allege or prove that such dog was of a vicious or mischievous disposition, nor that the person who owned or kept such dog, knew that he was vicious or mischievous.

Sec. 2. Where an injury has been committed by Same. two or more dogs acting in concert, owned or kept by different persons, all such persons may be joined as defendants in the same action to recover damages therefor, and the amount found by the court or jury for such injury, shall be apportioned among the several defendants found liable, and judgment entered severally against them for the amount as apportioned.

Approved March 14, 1896.

CHAPTER LII.

GRAND AND PETIT JURORS.

AN ACT to provide for drawing and summoning Grand and Petit Jurors.

Be it enacted by the Legislature of the State of Utah:

prepared.

SECTION 1. It shall be the duty of the clerk and Jury list, how county assessor of each county of this State, as soon as this act shall become a law, and in the month of January of each year thereafter, to prepare a written list of as many names as the district judge or judges may direct, from which the grand and petit jurors shall be drawn to serve in the district court of such county until a new list shall thereafter be made. Said clerk and county assessor shall alternately select from the list of tax payers of such county, the name of a male citizen of the United States, who has been a resident of the county for a period of six months next preceding, and who can read and write in the English language, and as selected, the name and residence of each shall be entered upon the list until the same shall contain the number of names ordered by the district judge or judges, when the same shall be duly certified by such clerk and county assessor, and shall be filed in the office of the clerk of the district court and a duplicate copy shall be made and certified by such officers and filed in the office of the sheriff.

Sec. 2. Whenever a grand or petit jury is to be Jury, how drawn to serve at any term of the district court, the drawn.

Same.

When county commissioner to act.

judge shall hold an open session of his court and shall preside at the drawing of such jury, and the clerk of such court shall write the name of each person on the said jury list, upon a separate slip of paper as nearly as practicable, of the same size and form, and all such slips shall by the clerk, in open court, be placed in a covered box and be thoroughly mixed and mingled, and thereupon the sheriff, or his deputy, shall proceed to fairly draw by lot from said box, such number of names as may be ordered by said judge, and if both a grand and petit jury are drawn, the grand jury shall be drawn first, and when the drawing shall have been concluded, the clerk of the court shall issue à venire to the sheriff or his deputy, directing him to summon the persons so drawn. The names of the jurors so drawn from the box shall not be returned to or again placed into said box until the balance of the names and slips therein shall have been exhausted; Provided, That if during the year all of the names on said jury list shall have been drawn, then all of the names on said list shall be again placed in said box, and the names again be drawn therefrom by lot for subsequent panels.

Sec. 3. If during any term of the district court any additional grand or petit jurors shall be necessary, the same shall, upon order of the judge, be drawn from said box by the sheriff or his deputy in open court, and if all names are exhausted at any term, the judge may order an open venire for such number of jurors as he may deem necessary, who shall be summoned to serve.

Sec. 4. If in any county the county assessor or county clerk is also the county prosecuting attorney, the duties herein imposed upon such assessor or clerk, shall be performed by one of the county commissioners, to be appointed for that purpose by the judge of the district court. If in any county the offices of county assessor and county clerk are held by the same person, the duties herein imposed upon the county assessor shall be performed by one of the county commissioners, to be appointed for that purpose by the judge of the district court.

Sec. 5. This act shall take effect upon approval.
Approved March 14, 1896.

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