homestead. value thereof, and if said exempted homestead be sit- Sale of 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, unappraised, 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 receiving such certificate and any other officer in this State having an execution to serve against such judgment 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 intervening 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 section exempted, the officer shall select one person and the judgment debtor another person, both being householders of the vicinity, to whom the officer shall ad 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 ap parel. Mortgage, lien, etc. excluded. 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. 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. Be it enacted by the Legislature of the State of Utah: period of 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) hours 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 Be it enacted by the Legislature of the State of Utah: commissioners. cities of 12,000 or more inhabitants, a Board of Police" SECTION 1. That there shall be appointed in all Appointment of and Fire Commissioners, consisting of four persons, residents and legal voters in said cities, respectively. The city council of the respective cities aforesaid 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 Non-partisan. 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. Vacancy. Clerk. Meetings and business. Removals. Powers of board. . 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 hereinbe fore 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 cit ies 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 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. and 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 of Police and Fire Commissioners hereby created. Each member of said board shall before entering upon the duties of his office, take and subscribe an oath of office and file the same with the city recorder. department. Sec. 3. The fire department of each city of 12,000 Fire or more inhabitants of this State, shall consist of the board hereby created, chief engineer, an assistant engineer, and such other officers, men and employes as the city council of the cities respectively shall direct; Provided, That the city council may, in its discretion, abolish the office of assistant engineer. department. Sec. 4. The police department of each city of Police 12,000 or more inhabitants of this State shall consist of the board hereby created, chief of police, a captain of police and such other officers, men and employes as the city council of the cities respectively shall direct; Prorided, That the city council may, in its discretion, abolish the office of captain of police. officers and council. Sec. 5. The city council of each city of 12,000 or Number of more inhabitants shall have full power to provide by men, and salary ordinance the number and grade of officers in each axed by city department and their salaries, and to increase or decrease the number of officers, employes and men in each department, and to increase or decrease the salaries to be paid; Provided, That the salary or compensation of no officer or man in the service of either department shall be decreased or increased, except upon the previous recommendation of such change made in writing by the board to the city council. In case said city council shall at any time decrease the number of officers or men of either department, the board shall cause an examination to be held in such department by a disinterested board of three examiners, and select for discharge those who pass the poorest examination. policemen or Sec. 6. After the appointment and qualification Appointment of of said board in said cities, no person shall be appoint- Bremen. ed to any position, either on the police force or a mem ber of the fire department of said cities, except with the approval of three members of said board. The members of the board mentioned in this act shall prepare Rules. and adopt such rules and regulations to govern the selection and appointment of persons employed on the police force or in the fire department of said cities, as shall be adapted to secure the best service for the public in each department. Such rules and regulations shall provide for ascertaining, as far as possible, the |