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Inspector's discretion.

competent jurisdiction, or judge of said court in vacation, may on the application of the inspector, in the name of the State, and supported by the recommendation of the Governor, issue an injunction restraining the operation of such mine until such requirements are complied with, and, in order to obtain such injunction, no bond shall be required.

Sec. 18. That whenever the term "owner or man-Owner or ager” is used in this act, the same shall include lessees cludes lessee, or other persons controlling the operation of any mine; and in case of any violation of the provisions of this act by any corporation, the managing officer and superintendents or other managing agents of such cor- Who are liable. poration shall be personally liable to punishment as provided in this act for owners or managers.

Sec. 19. The provisions of this act shall not apply Certain minos to or affect any coal mine in which not more than six ese men are employed in twenty-four hours; Provided, That when considered necessary by the inspector, he shall , make or cause to be made an inspection of such mine and direct and enforce any regulations in accordance with the provisions of this act, that he may deem necessary for the safety, health and lives of the miners.

Sec. 20. That for the purpose of this act, all coal mines hydro-carbon mines shall be deemed to be coal mines. 49

Sec. 21. The inspector shall devote the whole of Inspector his time to the duties of his office and shall receive for whole time; his services an annual salary as provided by law, actual co traveling expenses not exceeding ten cents per mile mileage for all distances necessarily traveled in the discharge of his official duties, to be paid quarterly by the State Treasurer; and said inspector shall reside in the State. He shall collect from the owner or owners of each mine inspected a fee of ten dollars for each inspection made. Said fees shall be paid into the State treasury quarterly. All necessary apparatus that may Apparatus for be required by the said inspector to enable him to properly discharge his official duties, shall be paid for by the State, and the said inspector is hereby authorized to procure the same; all accounts for said apparatus shall be certified by the said inspector, audited by the proper department of the State and paid by the State Treasurer. All instruments, plans, books, memoranda, notes, etc., pertaining to said office of inspector of coal mines, shall be the property of the State, and the said


employed his


Fees for inspection


inspector shall deliver the same to his successor in office.

Sec. 22. That all acts and parts of acts in conflict herewith are hereby repealed.

Approved April 5, 1896.



AN ACT to authorize the hearing of matters in Probate and the Guardian

ship of Estates and Persons of Minors, at Chambers in any county in a Judicial District.

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

SECTION 1. Whenever a petition or other matter in the administration of an estate of a deceased person, or of the guardianship of the estate or person of a minor, shall have been noticed for hearing in any county in the State, by publication or posting, or both, or notice waived, as required by law, and there shall be no court in session in such county, nor judge in attendance, on the appointed day, the judge of the district appointed to hold court in such county, may in his discretion, hear and determine such petition or matter at chambers in any other county in said district upon proof of notice or waiver thereof as provided by law, Provided; All persons interested in such estate or guardianship, can be and are represented and heard.

Any order or judgment made or given as herein provided, shall be forthwith entered of record in the proper court by the clerk thereof, and have the same force and effect as if made and given by the court in said county.

Approved April 5, 1896.

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AN ACT providing for Liens of Judgments of the District and Circuit

Courts of the United States.

United States

upon filing transcript.

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

SECTION 1. Judgments of a district or circuit court Judgment in of the United States, rendered in this State, may be court a llen made liens upon real estate owned by the judgment upons chips debtor, not exempt from execution, and also upon all he may acquire for the period of five years from the date of the judgment, by filing a transcript thereof, or of the original docket, certified by the clerk of such court with the recorder of any county in which any such real estate may be, and no liens shall attach to lands in any county in this State until the date of filing such transcript, except in the county in which the judgment was rendered, in which case the lien shall attach from the day of such rendition.

Sec. 2. When the amount due on any judgment is Satisfaction of paid or satisfied in full, the judgment creditor, or those acknowledged. acting legally for him, must acknowledge satisfaction thereof in the margin of the record of the judgment, or by the execution of an instrument in writing referring to the judgment and have it duly acknowledged and filed in the office of the recorder of every county where the judgment is a lien. If he fail to do so within sixty days after having been requested in writing so to do, he shall forfeit to the judgment debtor the sum of fifty dollars.

* Approved April 5, 1896.

judgment to be




RESOLUTION empowering the State Board of Land Commissioners to use

funds from sales or leases of State Lands for general expenses of the Board.

funds for State

sion from State lands,

Be it resolved an enacted by the Legislature of the State

of Utah:

That the State Board of Land Commissioners, in Additional addition to the amount of fifteen thousand ($15,000.00) land commis“ dollars, provided for the general expenses of said board

by the general appropriation act, be and they are hereby authorized to use for general expenses, of any moneys which may come into their hands from sales or leases of State lands, such further sum as may be found necessary, not exceeding $15,000.00 the same to be reimbursed with interest at the rate of six per cent. per annum to the said board by the next Legislature.

Approved April 5, 1896.



AN ACT creating a State Board of Horticulture, providing for the Spraying

of Fruit Trees, Bushes and Vines, Destruction of accumulated Debris in Orchards and Vineyards, and authorizing County Commissioners to ap. point Fruit Tree Inspectors in their respective counties and defining their duties.

Board of horticulture.

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

SECTION 1. A State Board of Horticulture is hereby created to consist of a president who shall be appointed by the Governor, by and with the consent of the Senate, and one member from each county, to be

County tree inspectors.


Convention of inspectors.

orchards and

appointed by the board of county commissioners thereof who shall be fruit tree inspectors of their County treo respective counties. The salaries of the inspectors "** shall be fixed by the board of county commissioners; Provided, That their compensation does not exceed Compensation . three dollars per day for each day actually engaged in the discharge of their official duties, and they must be practical horticulturists. The board of county commissioners may, upon the recommendation of the county inspector, appoint deputy inspectors when necessary, Deputy and their comperisation shall not exceed $2.50 per day ins for the time actually employed, which shall be certified to before the board of county commissioners. It shall be the duty of the president to preside at all meetings when in his judgment, it is necessary to call a convention of the inspectors which shall not be in oftener than once a year, and also to direct, instruct and compel the inspectors to carry out the provisions of this act.

Sec. 2. Prior to April 15th of each year, all and Cleaning every orchard and vineyard shall be thoroughly cleaned vineyards. of all dead leaves and other debris which shall be destroyed by fire.

Sec. 3. It shall be the duty of every owner, occu- Disinfection of pant or person in charge of any orchard, vineyard or tre nursery within the State to disinfect all fruit trees, bushes or vines that are infested with any kind of fruit destroying insects, their larvæ or their pupæ, etc., that are injurious to fruits, by spraying with a poisonous solution or disinfectant of sufficient strength to destroy such insects, their larvæ or their pupæ; Provided, That no such disinfection shall be done while said trees, vines or bushes are in bloom.

Sec. 4. The duties of the fruit tree inspectors of Duties of fruit each county shall be to serve or cause to be served a printed notice or mail the same to every owner, occupant or person in charge; said notices shall state time or times when it is proper to disinfect the trees, bushes and vines; also give formulas to be used for their disinfection; said notices shall be signed by the inspector serving or mailing such notice and he shall note in the stub of said notice the name of the persons so notified and the date upon which such notice was served or mailed.

Sec. 5. Each county inspector shall annually be- County tween the first day of February and the last day of Au- inspect and

trees, vines, etc.

serve of to everMall sti

Duties of fruit tree inspectors.

inspector to


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