CHAPTER 129. SAFETY APPARATUS IN MINES. AN ACT providing for safety apparatus to be used in all mines with the vertical shaft. Be it enacted by the Legislature of the State of Utah: SECTION 1. Certain shafts to be provided with safety cages. It is unlawful for any person or corporation to sink any vertical shaft, where mining cages are used, to a greater depth than two hundred feet, unless the shaft is provided with an iron bonneted safety cage to be used in lowering and hoisting employees, or any other person. The safety apparatus, whether consisting of eccentrics, springs or other device, must be securely fastened to the cage and of sufficient strength to hold the cage loaded at any depth, to which the shaft may be sunk. The iron bonnet must be made of boiler sheet iron of good quality, at least three-sixteenths of an inch in thickness and must cover the top of the cage in such manner as to afford the greatest protection to life and limb from any debris or anything falling down the shaft. Sec. 2. Penalty. Any violation of this act is punishable by a fine of not less than two hundred or more than five hundred dollars, the same to be paid into the county treasury of the county in which the case is tried. Sec. 3. This act shall take effect upon approval. AN ACT to amend sections 2043, 2044 and 2049, of the Revised Statutes of Utah, 1898, relating to sericulture. Be it enacted by the Legislature of the State of Utah: That sections 2043, 2014 and 2049 of the Revised Statutes of Utah, 1898, be and the same are hereby amended to read as follows: 2043. Utah silk commission. Appointment. Term. Bond. Secretary to be executive officer. Compensation. County silk commissioners. The Utah silk commission shall consist of five members, to be appointed by the Governor, not more than three of whom shall be of the same political party. The members thereof hereafter appointed shall serve without compensation, and shall hold office for five years from the dates of their respective appointments and until their successors are duly appointed and qualified. Each member of said commission shall give a bond, running to the state, with sureties to be approved by the Secretary of State, in the sum of one thousand dollars, conditioned for the faithful performance of the duties of the office. The secretary of said commission shall be the executive officer of the commission, and shall superintend the work of the different county silk commissions in the state and receive as compensation the sum of nine hundred dollars per year, and actual and necessary traveling expenses when outside of the county of residence on official business. The salary and other expenses shall be paid as provided by law in case of other state officers. Upon petition of fifty resident freeholders within any county in the state for the appointment of a county silk commissioner, the board of county commissioners of any county may appoint a suitable person, resident of such county, who shall be under the supervision of the state silk commission and shall perform the duties of said office under the direction of the state silk commission. And every county silk commissioner shall report to the secretary of the state silk commission, at such times as the state silk commission may require, in regard to all matters pertaining to silk culture in their respective counties. The term of such officer shall be for two years, unless sooner removed by the board of county commissioners for incompetency or dereliction of duty, on complaint of the state silk commission. The county silk commissioner shall be selected with reference to fitness and knowledge of, and practical experience in sericulture and the industries connected therewith. The compensation of each county silk commissioner shall be fixed by the board of county commissioners. compensation of county silk commissioners shall be paid by the several counties in which such officers act; any vacancy shall be filled by the board of county commissioners. All 2044. Duty of commission. It shall be the duty of said commission to examine, personally or by duly appointed representatives, all cocoons for which a bounty is claimed, and after such examination to render to the Secretary of State a statement under oath setting forth the quantity, grade and quality of the cocoons upon which a bounty shall be claimed, with the name of the person entitled thereto; to cause to be published in book or pamphlet form, for free distribution to the people of the state, explicit instructions in all practical branches of sericulture; to provide instruction in reeling in each county wherein one hundred pounds of cocoons shall have been raised; to provide reliable eggs; to provide the best possible market for cocoons and reeled silk until such time as these products shall be consumed by manufacturers in this state: and in every way to encourage those engaged in this industry. It shall also be the duty of this commission to compile and preserve a reliable record of the progress of silk culture in this state; and to make an annual report to the Secretary of State. The said commission is authorized to use such 'part of the appropriation provided for in this chapter, not to exceed the sum of one thousand five hundred dollars in any one year for the purposes mentioned in this section. 2049. Appropriation. The sum of three thousand five hundred dollars per year, out of any money now in, or which may hereafter come into the state treasury, not otherwise appropriated, or so much thereof as may be necessary to carry out the provisions of this chapter, is hereby appropriated for the purposes thereof. Upon receipt of the said verified statement of the commission approved by the Seretary of State it shall be the duty of the Auditor to draw his warrant upon the Treasurer in favor of the person entitled to a bounty under the provisions of this chapter for the amount approved by said Secretary. Approved this 25th day of March, 1901. CHAPTER 131. LOCAL ASSESSMENTS IN CITIES. AN ACT to amend section 273 of the Revised Statutes of Utah, 1898, concerning notice of intention to levy local assessments in cities. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 273 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 273. Notice of intention to tax. In all cases before the levy of any taxes for improvements provided for in this chapter, the city council shall give notice of intention to levy said taxes, naming the purposes for which the taxes are to be levied, which notice shall be published at least twenty days in a newspaper published within such city. Such notice shall describe the improvements so proposed, the boundaries of the district to be effected or benefited by such improvements, the estimated cost of such improvements, and designate a time when the council will consider the proposed levy. If at or before the time so fixed, written objections to such improvements signed by the owners of two-thirds of the front feet abutting upon that portion of the street, lane, avenue or alley to be so improved, be not filed with the recorder, the council shall be deemed to have acquired jurisdiction to order the making of such improvements. Sec. 2. This act shall take effect upon approval. Approved this 25th day of March, 1901. Мари ང་༧ CHAPTER 132. SPECIAL VENIRE. AN ACT amending section 1312 of the Revised Statutes of Utah, 1898, providing for special venire. Be it enacted by the Legislature of the State of Utah: SECTION 1. That section 1312 of the Revised Statutes of Utah, 1898, be and the same is hereby amended to read as follows: 1312. Additional drawing. Open venire. If during any term of the district court, any additional grand or petit jurors shall be necessary, the same shall be drawn from the said box by the sheriff or his deputy in open court; but if in the judgment of the court the attendance of those drawn cannot be obtained within a reasonable time, they may be laid aside and other names may be drawn in their place and in the same manner. If on payment of thirty dollars any person having a case to be tried shall, in open court on the day next preceding the trial demand a new list of jurors, the judge shall order a drawing for such number of jurors as he may deem necessary to try such case, in the same manner, but such jurors so drawn shall not be used on the regular panel. If all names become 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. 2. Not taxed as costs. In no case shall the money so paid be taxed as costs. Sec. 3. This act shall take effect upon approval. CHAPTER 133. FISH AND GAME. AN ACT to amend sections 2, 3, 6, 10, 12, 14, 19, 23 and 24 of the Laws of Utah, 1899, of an act entitled, “An act for the protection of fish, game and birds; for appointment of state and county wardens and prescribing their duties; to provide penalties for the violation of this act and to repeal title 21 of the Revised Statutes of Utah, 1898, and all acts and parts of acts inconsistent therewith, approved March 9th, 1899.” Be it enacted by the Legislature of the State of Utah: SECTION 1. That sections 2, 3, 6, 10, 12, 14, 19, 23, and 24 of chapter 26, of the Laws of Utah, 1899, be and the same are hereby amended to read as follows: Sec. 2. Commissioner's salary. Must qualify. The state commissioner shall receive an annual salary of one thousand dollars, together with his reasonable and necessary traveling and contingent expenses not exceeding two hundred dollars per annum. He shall, before entering upon the duties of his office, take and subscribe to an oath of office and give a bond in the penal sum of five thousand dollars for the faithful performance of his duty. Such bond shall be approved by the state board of examiners and filed with the Secretary of State. Sec. 3. Control of waters. Distribution of fish. Deputies. The state commissioner shall have control and supervision of the waters of the state, for the collection, propagation, culture, and distribution of fish in the state and shall receive and distribute all game, fish, fish fry and spawn coming into his hands fairly and equitably among the several counties. He shall have full control of all the property of the state obtained or held for the purposes contemplated by this act, and he shall have power to appoint special deputies and assist in enforcing the provisions of this act; provided, that the sum of two thousand [dollars] may be expended annually for the payment of said deputies. Sec. 6. Duties of commissioner and county wardens. It shall be the duty of the state commissioner and also the duty of the county fish and game wardens to see that all laws of the state for the protection of fish and game are faithfully enforced in the several counties, and for this purpose they respectively are severally hereby given the same powers and authority granted by the laws of the state to and exercised by sheriffs and constables. The state commissioner and every warden throughout the state, and every sheriff and constable in his respective county, is authorized and required to enforce this act and seize any game or fish taken or held in violation of this act, and he shall have full power and authority, and it shall be the duty of every such officer, with or without a warrant, to arrest any person whom he has reason to believe guilty of a violation thereof; and if, without a warrant, to hold him until a warrant can be procured, to open, enter and examine all cars, stages, packs, warehouses, stores, outhouses, boxes, barrels and packages where he has reason to believe any game or fish taken or held in the violation of this act, is to be found, and to seize the same; and provided, that if such search or seizure be made without a warrant, the officer making the same must procure a warrant therefor as soon as possible during or after the search or seizure, and provided, further, that a dwelling house actually occupied can be entered for examination only in pursuance of a warrant. It shall be the duty of the county fish and game wardens to report their official acts in detail to the state commissioner annually during and not later than the first week in December, and oftener if so required by the state commissioner. Sec. 10. Taking fish. How and when lawful. It shall be unlawful for any person to fish for or take any trout, bass or mountain herring from any waters of this state, by any means or device whatever, except by means of hook and line, commonly known as angling, and angling is more fully defined as fishing or angling with a fishing rod or fishing pole held in the hand or hands, having a single line at ided |