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same extent as the building would have been had it not been destroyed. In case the water used by the judgment debtor, or any member of his family, for domestic or irrigation purposes has been purchased from any corporation, or association organized for the purpose of furnishing water, or has been conveyed to a private corporation, incorporated for irrigation purposes, or to a corporation incorporated under an act compiling the laws relating to the incorporation of irrigation companies, by deed of trust, and the judgment debtor owns such stock or interest in such incorporations or companies, then such stock or interest or both shall be exempt from execution against the judgment debtor, to the same extent as though such water and water-right, and the means of conveying the same was held by the judgment debtor as appurtenant to the land or property on which it is used.

Provided, That such stock or interest shall not be exempt from assessment and sale by such private incorporations or irrigation companies, nor from levy and sale on a judgment against such incorporations or companies.

If the homestead selected by the judgment debtor is of greater value than is exempted under this section, and if it consist of two or more separate pieces of land and appurtenances, neither of which is of the value of the amount of the exemption, it shall be optional with the judgment debtor which piece or pieces of land he will select and retain in full and which piece or pieces shall be partitioned or sold. If the debtor so elect, the homestead may be sold as other lands are sold on execution, and, after paying the judgment debtor the value of the homestead, the balance of the money shall be applied on the judgment.

Provided, That the homestead shall not be sold if the officer do not receive a bid for a greater amount than the value of the homestead exempted in this section if the exempted lands or improvements be in one piece, but if said homestead exempted be in more than one piece, then the officer and the judgment debtor shall proceed as in case of a disagreement between them on the value of the homestead and determine the value of each piece of property exempted and such property shall not be sold unless the officer shall receive a bid for each piece greater than the appraised

Sale of homestead.

Sale of homestead.

value thereof, and if said exempted homestead be sit-i
uated in more than one county of this State, then the
officer serving the execution in the county in which the
judgment is entered of record shall proceed as herein
stated to have the part of the homestead exempted,
situate in such county appraised before proceeding to
sell the same, and such officer shall give such judgment
debtor a certificate signed by the appraisers, if any,
and himself, stating the value of such property, which
certificate shall be made in duplicate, one copy to be
given to the judgment debtor and the original to be
forwarded, by such officer to the sheriff or other officer,
holding the execution for service in such other county,
informing him of the value of the property exempted
in the county where the execution is issued, and such
officer receiving such certificate and the judgment
debtor shall proceed to appraise the property in such
last named county exempted, under the provisions of
this section, by themselves or by appraisers and in
case there is not sufficient property of the judgment
debtor in such last named county, to the value of the
remainder of such exemption, the officer shall, before
levy and sale, in like manner, if the judgment debtor
have property in some other county of this State, un-
appraised, give him a certificate stating the amount of
property exempted in his own county, and also the
amount exempted in the county from which he has a
certificate, as stated in such certificate, in duplicate,
the original to the officer of such other county, and the
duplicate to the judgment debtor, and such officer re-
ceiving such certificate and any other officer in this
State having an execution to serve against such judg-
ment debtor shall proceed in like manner, before a levy
and sale. If sold on the judgment, the money paid the
judgment debtor, shall be exempt from that or any
other execution as hereinbefore provided. When sales
of property are made in more than one county on the
same execution, there shall be at least five days inter-
vening between the first and each succeeding sale. If
the officer having the execution and the judgment
debtor, cannot agree as to the value of the homestead,
or the partition thereof, or as to the quantity and value
of any of the articles of personal property in this sec-
tion exempted, the officer shall select one person and
the judgment debtor another person, both being house-
holders of the vicinity, to whom the officer shall ad-

of the appraistor shall election. In caseh

Set apar, when and the choose

Mortgage, lien, etc.

minister an oath to fairly and justly appraise and set apart the exempt property of the judgment debtor, concerning which there is a disagreement between him and the officer. If the disagreement relates to the value of the homestead, or to the partition thereof, the appraisers shall report to the officer their appraisal of the property selected for the homestead. If the debtor elect to have the property partitioned, it shall be the duty of the appraiser to set apart such homestead as the judgment debtor shall elect and be entitled to, under the provisions of this section. In case of the disagreement of the appraisers, they shall choose a third person, who shall also be sworn, and the decision of any two of such appraisers, when made, shall be final. The property not set apart as a homestead shall be subject to sale, under execution, the proceeds to be applied on the judgment. No article, however, or species of property mentioned in this section, is exempt from execution issued upon a judgment recovered for its purchase price, or any portion thereof, or upon a judgment of a foreclosure of a mortgage or a mechanic's or laborer's lien thereon, or exempt from sale for

taxes. None of the exemptions made in this section Non-residents are for the benefit of non-residents, or persons about to

depart from this State with the intention of removing their effects therefrom; but their property is liable to execution, with the exception of ordinary wearing apparel.

The words “lands” and “real estate” as used in this subdivision shall be held to include any interest less than an estate in fee simple or interest as tenant in common or joint tenant held by the judgment debtor.

Sec. 2. 'All acts or parts of acts in conflict herewith are hereby repealed.

Sec. 3. This act shall take effect upon approval.
Approved March 28, 1896.

excluded.

CHAPTER LXXII.

HOURS OF EMPLOYMENT IN MINES AND SMELTERS.

AN ACT regulating the Hours of Employment in Underground Mines

and in Smelting and Ore Reduction Works.

period of

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

SECTION 1. The period of employment of work-Eight hours ing men in all underground mines or workings shall be employment. eight (8) hours per day, except in cases of emergency where life or property is in imminent danger.

Sec. 2. The period of employment of workingmen Same. in smelters and all other institutions for the reduction or refining of ores or metals shall be eight (8) hour's per day, except in cases of emergency where life or property is in imminent danger.

Sec. 3. Any person, body corporate, agent, man- Penalty. ager or employer, who shall violate any of the provisions of sections 1 and 2 of this act shall be deemed guilty of a misdemeanor.

Approved March 30, 1896.

CHAPTER LXXIII.

BOARD OF POLICE AND FIRE COMMISSIONERS.

AN ACT providing for the appointment and duties of the Board of Police and

Fire Commissioners in cities of 12,000 and more inhabitants, and to place the Police and Fire Departments of said cities upon a non-partisan basis, and defining the duties of officers and members of said departments.

commissioners.

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

SECTION 1. That there shall be appointed in all appointment of cities of 12,000 or more inhabitants, a Board of Police and Fire Commissioners, consisting of four persons, residents and legal voters in said cities, respectively. . The city council of the respective cities aforesaid

Non-partisan.

Vacancy

shall appoint two persons of different political parties to be members of said board, and the mayors of the respective cities shall likewise appoint two persons of different parties to be members of said board; Provided, That nothing in this act shall be construed as affecting in any way the tenure of office of any board of police and fire commissioners now in office in this State, but appointments hereafter made shall be to fill vacancies as they may occur at the expiration of the time for

which the members of said boards were appointed. The Term of office. term of office of the members of said board shall be for

two years from and after the first day of January of the year wherein they are appointed and until their successors are appointed and qualified, and the mayors of said cities shall appoint for the odd numbered years and the city council shall appoint the members of said board for the even numbered years.

In case of a vacancy by resignation, death or otherwise, except the expiration of the term of office of said board, the vacancy shall be filled as hereinbefore directed, by the mayor, or council, as may be, and at no time shall there be on said board more than two persons belonging to the same political party, and such member of said board shall serve the unexpired term. Said board shall have power to employ a clerk and fix his compensation, not to exceed six hundred (600) dollars per year, which shall be paid monthly by said cities upon the certificate of said board. The board shall hold regular meetings at least once each month, to be fixed by rule of the board, and each member of the board shall be presumed to have notice of such regular meetings, and at all such regular meetings three members of said board shall constitute a quorum and be authorized to transact any business which may come before the board except as hereinafter provided; and, Provided, That a full board shall be present upon the trial and determination of any charges preferred against any officer or member of the fire and police departments. Any member of said board may be removed by the mayor, two-thirds of all the members elected to the city council agreeing thereto.

Sec. 2. All the powers and duties, except as herein otherwise provided heretofore conferred upon cities of 12,000 or more inhabitants, either by special enactment or general law, relating to the police, prison and fire departments are hereby delegated to the Board

Clerk.

Meetings and business,

Removals,

Powers of board.

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