CHAPTER 46. PARTIES TO CIVIL ACTIONS. AN ACT to amend sections 2911 and 2912 of the Revised Statutes of Utah, 1898, relating to parties to civil actions. Be it enacted by the Legislature of the State of Utah: That sections 2911 and 2912 of the Revised Statutes of Utah, 1898, be and the same are hereby amended to read as follows: 2911. Parent or guardian may sue for death of child or ward. A father, or in case of his death or desertion of his family, the mother may maintain an action for the death or injury of a minor child, when such injury or death is caused by the wrongful act or neglect of another; and a guardian may maintain an action for the injury or death of his ward, if the ward be of lawful age, when such injury or death is caused by the wrongful act or neglect of another, the action by the guardian to be prosecuted for the benefit of the heirs of the ward. Any such action may be maintained against the person causing the injury or death, or, if such person be employed by another person who is responsible for his conduct, also against such other person. 2912. Heirs, etc., may sue for death of adult. When the death of a person not a minor is caused by the wrongful act or neglect of another, his heirs or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person causing the death, or, if such person be employed by another person who is responsible for his conduct, then also against such other person. If such adult person have a guardian at the time of his death, only one action can be maintained for the injury to or death of such person, and such action may be brought by either the personal representatives of such adult person deceased for the benefit of his heirs, or by such guardian for the benefit of his heirs as provided in section 2911. In every action under this and the preceding section such damages may be given as under all the circumstances of the case may be just. Approved this 14th day of March, 1901. CHAPTER 47. PAYMENT OF SALARIES OF COUNTY OFFICERS. AN ACT amending section 2061 of the Revised Statutes of Utah, 1898, providing for the payment of salaries of county officers. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 2061 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 2061. Paid monthly. The salaries of county officers must be paid monthly out of the general fund, or the salary fund, as the case may be, of the county, upon the order of the board of county commissioners; but one-half the salaries of the assessor, and the treasurer, and their deputies and assistants shall be borne by the state and paid to the county as provided by law. The salary of county superintendent of schools shall be paid out of the county school fund. Sec. 2. This act shall take effect upon approval. Approved this 14th day of March, 1901. CHAPTER 48. PLEADING AND PROVING CORPORATE EXISTENCE. AN ACT in relation to pleading and proving corporate existence in actions by and against corporations. Be it enacted by the Legislature of the State of Utah: SECTION 1. When corporate existence need not be proved. In an action by or against a corporation, the plaintiff need not prove upon the trial the existence of the corporation, unless the answer is verified, and contains an affirmative allegation that the plaintiff or defendant, as the case may be, is not a corporation. Sec. 2. This act shall take effect upon approval. CHAPTER 49. AUTHORIZING CITIES TO GRANT DEPOT SITES TO RAILROAD COMPANIES. AN ACT authorizing cities and incorporated towns to aid and encourage the construction of railroads by granting to railroad companies for depot 'sites or other railroad purposes, real property of certain cities and incorporated towns not necessary for municipal or public purposes, and providing for submitting such proposed grant to the qualified electors of such city or incorporated town and prescribing the manner of holding said elections. Be it enacted by the Legislature of the State of Utah: SECTION 1. Cities and towns may grant depot sites. Vote of people thereon. That the city council of any city or board of trustees of any incorporated town of this state is authorized to aid and encourage the building of railroads by granting to any railroad company, for depot or other railroad purposes, real property of such city or incorporated town, not necessary for municipal or public purposes, upon such limitations and conditions as said council or board of trustees may prescribe; provided, however, that no such grant shall be made to any railroad company, unless the question of making said grant has been submitted to the qualified electors of the city or town at the next municipal or special election to be called for that purpose by the city council or town board. If the question is submitted at a special election, it shall be held as nearly as possible in conformity with the general election laws of the state. Notice shall be given of such election by publication in some newspaper or newspapers published in the city or town for four weeks prior thereto; or if there be no newspaper, then by posting notices. The city council, or town board, shall cause ballots to be printed and furnished to the qualified electors, which shall read: "For the proposed grant for depot or other railroad purposes: 'Yes.' 'No.'" majority of the qualified electors voting thereon shall have voted in favor of such grant, the city council, or town board, shall then proceed to convey the property to the r ilroad company. Sec. 2. This act shall take effect upon approval. If a CHAPTER 50. COUNTY SCHOOL TAXES. AN ACT to amend section 1865 of the Revised Statutes of Utah, 1898, providing for the levying of county school taxes by the board of county commissioners and providing for the collection of the same. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 1865 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 1865. County school tax. Levy. Rate. Collection. The board of county commissioners of the county, at the time of making the annual levy of other county taxes, must levy a county school tax upon all taxable property of the county; provided, that said tax shall not exceed four mills on the dollar of valuation of the property taxed. Said tax shall be collected by the officer charged with the collection of general taxes, at the same time and upon the same valuation of the property taxed as other county taxes, and shall be paid into the county treasury of the county to the credit of the county school fund. Sec. 2. This act shall take effect upon approval. CHAPTER 51. APPORTIONMENT OF COUNTY SCHOOL TAX. AN ACT to amend section 1837 of the Revised Statutes of Utah, 1898, providing for the apportionment of the county school fund, and prescribing certain duties of county superintendents of schools respecting the same. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 1867 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 1867. Apportionment and use of school funds. The county superintendent of each county shall, immediately upon receiving the apportionment from the State Superintendent, proceed to apportion the state school funds to the several school districts of his county according to the number of school children residing in each district over six and under eighteen years of age, as shall appear from the last enumeration reported to his office. The county superintendent shall apportion the county school fund in like manner, and as soon as practicable after the receipt of the same or any portion thereof; provided, that before making such apportionment, he shall apportion to cities of the first and second classes their proportion per capita of the county school fund, after which he shall set aside so much of said county fund as the board of county commissioners shall order for the payment of the compensation of the county superintendent, members of the board of examiners, and the expenses of the county institute, and contingent expenses of the county superintendent's office and the actual and necessary traveling expenses of the county superintendent while making his official visits; provided further, that no part of either of said funds shall be used otherwise than for the payment of teachers, except as provided otherwise in this section. The county superintendent shall file a duplicate of such apportionment with the county auditor. Sec. 2. This act shall take effect upon approval. CHAPTER 52. REQUIRING STREET RAILWAY COMPANIES TO VESTIBULE CARS. AN ACT compelling street railway companies and persons owning or operating street railways to protect certain of their employees from the inclemencies of the weather, and providing penalties for the violation of this act. Be it enacted by the Legislature of the State of Utah: SECTION 1. Employees on street cars to be protected from in clement weather. From and after the first day of November, 1901, it shall be unlawful for any person, partnership, or corporation owning or operating a street railway in this state, or for any officer or agent thereof, superintending or having charge or control of the management of the said line of railway, or of the cars thereof, operating electric, cable or other cars propelled either by steam, cable or electricity, which require when in operation the constant services, care or attention of any person or persons on any part of such car, to require or permit such services, attention or care of any of its employees, or any other person or persons between the first day day of November, and the first day of April of each year, unless such person, partnership or corporation, its officers or superintending or managing agents have first provided, at least one-third of the entire number of cars so owned, with a proper and sufficient inclosure, constructed of wood, iron and glass or similar suitable materials, sufficient to protect such employees from exposure to the inclemencies of the weather; provided that such inclosure shall be so constructed as not to obstruct the vision of the person operating such car. That two-thirds of the said cars so owned shall be provided with inclosures as heretofore described, on or before the first day of |