Contesting

claims.

same may have been placed in the hands of any receiver, assignee, or trustee; any person with whom any such claim shall have been filed, shall give immediate notice thereof by mail to all persons interested; and it shall be the duty of the person or the court receiving such statement to pay the amount of such claim or claims to the person or persons entitled thereto, after first paying all costs occasioned by the seizure of such property, out of the proceeds of the sale of the property seized, if the claim be not contested as provided in the next succeeding section.

SEC. 1346. Any person interested may contest such claim or claims, or any part thereof, by filing exceptions thereto, supported by affidavit, with the officer having the custody of such property, within ten days after the notice of presentment of said statement and thereupon the claimant shall be required to reduce his claim to judgment before some court having jurisdiction thereof, before any part thereof shall be paid, and the party contesting shall be made a party defendant in any such action and shall have the right to contest such claim, and the prevailing party shall recover proper costs.

The claims of operatives of a street railroad for work performed sixty days next preceding the appointment of a receiver are entitled to priority over a trust deed on the company's property. 8 U. Rep. 15.

TITLE 36.-Suits for wages-Attorneys' fees.

Attorneys' SECTION 1347. Whenever a mechanic, artisan, miner, laborer, fees allowed, servant, or employee shall have cause to bring suit for wages when. earned and due according to the terms of his employment, and shall establish by the decision of the court or verdict of the jury that the amount for which he has brought suit is justly due, and that a demand had been made in writing, at least fifteen days before suit was brought, for a sum not to exceed the amount so found due, then it shall be the duty of the court before which the case shall be tried, to allow to the plaintiff a reasonable attorney's fee in addition to the amount found due for wages, to be taxed as costs of suit. In a justice's court such attorney's fee shall not be more than five dollars, and in the district court, not more than ten dollars, except in cases on appeal from a justice's court to the district court, when the plaintiff may recover an attorney's fee, not exceeding twenty-five dollars.

TITLE 42.-Weighing coal at mines.

SECTION 1529. The owners, agent, or operator, of every coal mine in this State, at which the miners are paid by weight, shall provide at such mines suitable and accurate scales of standard manufacture for the weighing of all coal which shall be hoisted or delivered from such mines: Provided, That when coal is weighed in the miner's car, such car shall be brought to a standstill on the scales before the weight is taken.

SEC. 1530. The owner, agent, or operator of such mine shall require the person authorized to weigh the coal delivered from said mine to be sworn before some person having authority to administer an oath, to keep the scales correctly balanced, to accurately weigh and to correctly record the gross or screened weight to the nearest ten pounds of each miner's car of coal delivered from such mine, and such oath shall be kept conspicuously posted at the place of weighing. The record of the coal mined by each miner shall be kept separate, and shall be opened to his inspection at all reasonable hours, and also for the inspection of all other persons pecuniarily interested in such mine.

SEC. 1531. In all coal mines in this State the miners employed and working therein may furnish a competent check weighman at their own expense, who shall at all proper times have full right of access and examination of such scales, machinery, or apparatus. and of seeing all measures, and weights of coal mined and ac counts kept of the same: Provided, That not more than one person on behalf of the miners collectively shall have such right of

access, examination, and inspection of scales, measures, and accounts at the same time, and that such persons shall make no unnecessary interference with the use of such scales, machinery, or apparatus. The agent of the miners as aforesaid shall, before entering upon his duties, make and subscribe to an oath before some officer duly authorized to administer oaths, that he is duly qualified and will faithfully discharge the duties of check weighman. Such oath shall be kept conspicuously posted at the place of weighing.

Fraudulent

SEC. 1532. Any person, company, or firm having or using any scale or scales for the purpose of weighing the output of coal at weighing. mines so arranged or constructed that fraudulent weighing may be done thereby, or who shall knowingly resort to or employ any means whatsoever by reason of which such coal is not correctly weighed or reported in accordance with the provisions of this chapter; or any weighman or check weighman who shall fraudulently weigh or record the weights of such coal, or connive at or consent to such fraudulent weighing, shall be deemed guilty of a misdemeanor.

SEC. 1533. Any person, owner, or agent operating a coal mine Violation. in this State who shall fail to comply with the provisions of this chapter, or who shall obstruct or hinder the carrying out of its requirements, shall be deemed guilty of a misdemeanor; Provided, That the provisions of this chapter shall apply only to coal mines in which ten or more miners are employed in a period of twenty-four hours.

Scales to be

SEC. 1534. It shall be the duty of the coal mine inspector, in addition to his other duties, to examine all scales used at any inspected. coal mine in the State for the purpose of weighing coal taken out of such mine; and on inspection, if found incorrect, he shall notify the owner or agent of any such mine that such scales are incorrect; and after such notice it shall be unlawful for any owner or agent to use or suffer the same to be used, until such scales are so fixed that the same will give the true and correct weight. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor.

TITLE 43.-Earnings of minors.

when.

valid,

SECTION 1544. When a contract for the personal services of a Payments to minor has been made with him alone, and those services are after- minors ward performed, payment made therefor to such minor in accordance with the terms of the contract, is a full satisfaction for those services, and the parent or guardian cannot recover therefor a second time.

TITLE 61-State Miners' Hospital.

SECTION 2207. There shall be established at Park City. Summit Branch estabCounty, a branch of the State Miners' Hospital for the treatment fished. of the sick and disabled miners of the State, to be known as the

Branch of the State Miners' Hospital.

SEC. 2208. The government and control of the Branch of the Board of comState Miners' Hospital shall be vested in a board of commission- missioners. ers to consist of the governor and two other members appointed by the governor, by and with the consent of the senate, who shall be known as the board of commissioners of the Branch of the State Miners' Hospital.

SEC. 2209. The board may contract and be contracted with, and may sue and be sued, in all matters concerning the hospital. It may take and hold by purchase, gift, bequest, or devise real and personal property required for its uses, and it may convert property and credits received by gift, bequest, or devise, and not suitable for its use, into money and property available for its uses.

SEC. 2210. The board may appoint a secretary, a treasurer, a medical superintendent, and such other officers as it may deem necessary, and may make by-laws for its own government, and

Powers.

Organization.

May remove officers.

Report to auditor.

Applications.

Costs of treatment.

Payment costs.

of

Infectious dis

eases.

Site to be donated.

etc.

shall have general control and management of the affairs of the hospital. A majority of the members of the board shall constitute a quorum for the transaction of business.

SEC. 2211. The board may remove any officer or employee of the hospital by a majority vote of its number, for neglect of duty or for refusal to comply with the by-laws made for the establishment and government of the institution.

SEC. 2212. On or before the first day of January of each year, the board shall certify to the State auditor the number of indigent patients, the number of pay patients, and the number of patients who pay in part, and also the amount paid by each.

SEC. 2213. Application for admission to the hospital must be made to the medical superintendents under such rules and regulations as the board may establish.

SEC. 2214. In case a person received into the hospital shall be possessed of property sufficient to pay the costs of treatment, or any part of the same, he shall be admitted on such terms as the board may fix: Provided, That the hospital shall be free to any indigent miner.

SEC. 2215. The relatives or friends of any patient in the hospital may pay any portion or all of his expenses therein. Patients who desire it, and shall be able to pay the expenses thereof, may be provided with a special attendant or have such other special care as the superintendent may deem expedient.

SEC. 2216. No patient having an infectious or contagious disease shall be admitted into the hospital.

SEC. 2217. This chapter shall take effect only upon condition that there shall be donated and conveyed to the State a suitable site for such hospital, to be subject to the approval of the board of commissioners hereinbefore provided for, and on the further condition that there shall be donated and actually paid to the said board of commissioners the sum of five thousand dollars as a fund to assist in the building of the hospital herein provided for.

Building, SEC. 2218. The sum of five thousand dollars is hereby approprimaintenance, ated to be used under the direction and control of the said board of commissioners in the erection of a building for such hospital. The board of commissioners may expend in the maintenance of the hospital such sums as may be paid into the same by patients. and may also receive gifts, bequests, and devises of personal and real estate, and apply the same, or the proceeds thereof, according to the intention of the donors, for the use and benefit of the hos pital. The board shall make semiannual reports to the governor of all its transactions.

Adoption of trade-mark.

TITLE 70.-Trade-marks of trade unions.

SECTION 2721. Any person,, association, or union, may record any trade-mark or name by filing with the secretary of state his or its claim to the same. and a copy or description of such trademark or name, with his affidavit attached thereto, certified to by any officer authorized to take acknowledgments of conveyances, setting forth that he, or the firm, corporation, association, or union of which he is a member, is the exclusive owner, or agent of the owner, of such trade-mark or name.

Rights of SEC. 2723. Any person who has first adopted and used a tradeownership, mark or name, whether within or beyond the limits of this State. transfer, etc. is its original owner. Such ownership may be transferred in the same manner as personal property, and is entitled to the same protection by suits at law; and any court of competent jurisdic tion may restrain, by injunction, and award damages for, any use of trade-marks or names in violation of this title.

Limitation of two years.

TITLE 73.-Right of action for injuries causing death-Limitation,

SECTION 2873. The periods prescribed for the commencement of actions other than for the recovery of real property, are as hereinafter provided.

2. An action to recover damages for the death of one caused by the wrongful act or neglect of another.

TITLE 73.—Exemption of wages from execution, etc.

Minors' earn

SECTION 3243. The earnings of any minor child of any debtor within this State and the proceeds thereof are exempt from execu- ings exempt. tion against such debtor by reason of any debts or liability of such debtor, not contracted for the special benefit of such minor child.

SEC. 3245 (as amended by chapter 31, Acts of 1901). The following property is exempt from execution, except as herein otherwise specially provided:

ment debtor

7. One-half of the earnings of the judgment debtor for his per- Certain earnsonal services rendered at any time within thirty days next pre- ings of judgceding the levy of execution or levy of attachment by garnishment exempt. or otherwise, when it appears by the debtor's affidavit that he is a married man, or head of family, and that such earnings are necessary for the use of his family, residing in this State, supported wholly or in part by his labor; Provided, That when the earnings are two dollars a day or less, such married man or head of family shall be entitled to an exemption of $30 per month: Provided, That in no case shall the judgment debtor be taxed with the costs of any proceeding to obtain by levy of execution or otherwise, any part of the earnings of such judgment debtor, for personal services rendered within thirty days next preceding the levy of such execution.

TITLE 74.-Wages preferred-In administration.

of

SECTION 3869. The executor or administrator, as soon as he has Payment sufficient funds in his hands, must pay the funeral expenses and funeral expenexpenses of the last sickness and the allowance made to the ses, etc. family of the decedent. He may retain in his hands the necessary expenses of administration, but he is not obliged to pay any other debt or any legacy until the payment has been ordered by the court.

SEC. 3870. Other debts of the estate must be paid in the following order:

1. The wages of each employee of the decedent for services rendered within sixty days next preceding his death, not exceeding one hundred dollars.

Wages a prior claim.

TITLE 75.—Misdemeanors—General penalty.

SECTION 4065. Except in cases where a different punishment is Penalty where prescribed by law, every offense declared to be a misdemeanor is none punishable by imprisonment in a county jail not exceeding six months, or by a fine in any sum less than three hundred dollars, or by both. In all cases where a corporation is convicted of an Offenses offense for the commission of which a natural person would be corporations. punishable as for a misdemeanor, and there is no other punishment prescribed by law, such corporation is punishable by a fine not exceeding one thousand dollars.

is

pre

scribed.

of

TITLE 75.-Sunday labor.

SECTION 4234. Every person who keeps open on Sunday any store, workshop, bar, saloon, banking house, or other place of busi- bor forbidden ness, for the purpose of transacting business thereln, is punishable by fine not less than five nor more than one hundred dollars.

Sunday

la

Application

of law.

Penalty.

Exceptions.

Negligence enCangering life.

Same subject.

SEC. 4235. The provisions of the preceding section do not apply to persons who, on Sunday, keep open hotels, boarding houses, baths, restaurants, taverns, livery stables, or retail drug stores, for the legitimate business of each, or such manufacturing estabments as are usually kept in continued operation.

SEC. 4238. Every person who performs any unnecessary labor, or does any unnecessary business on Sunday, is guilty of a misdemeanor, and shall be fined in any sum not exceeding twenty-five dollars.

SEC. 4239. Labor performed by employees of such works as are usually kept in constant operation, and in irrigating, is not included in the foregoing section.

TITLE 75.-Negligence of employees on steamboats, railroads, ete, SECTION 4269. Every captain or other person having charge of any steamboat, used for the conveyance of passengers, or of the boilers and engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates, or allows to be created, such an undue quantity or pressure of steam as to burst or break the boiler, or any apparatus or machinery connected therewith, by which bursting or breaking human life is endangered, is guilty of a misdemeanor.

SEC. 4270. Every engineer or other person having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, who willfully, or from ignorance, or gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, or engine, or apparatus, or cause any other accident whereby human life is endangered, is guilty of a misdemeanor.

Negligence SEC. 4271. Every person having charge of any steam boiler or causing death. steam engine, or other apparatus for generating or employing steam, who willfully, or from ignorance or neglect, creates, or allows to be created, such an undue quantity or pressure of steam as to burst or break the boiler, engine, or apparatus, or to cause any other accident whereby the death of a human being is produced, is punishable by imprisonment in the State prison for not less than one nor more than ten years.

on

Collision railroad causing death.

Intoxication

SEC. 4272. Every conductor, engineer, brakeman, switchman, or other person having charge, wholly or in part, of any railroad car, locomotive, or train, who willfully or negligently permits or causes the same to collide with another car, locomotive, or train, or with any other object or thing, or any train dispatcher who willfully or negligently permits any such collision, whereby the death of a human being is produced, is punishable by imprisonment in the State prison for not less than one nor more than ten years.

TITLE 75.-Intoxication, etc., of railroad employees. SECTION 4292. Every person who is intoxicated while in charge of engineer,etc. of a locomotive engine, or while acting as conductor, or driver upon any railroad train or car, or as motorman, or as conductor of any street car, whether propelled by steam or electricity, or drawn by horses or otherwise, or while acting as train dispatcher or as telegraph operator, and receiving or transmitting dispatches in relation to the movement of trains, is guilty of a misdemeanor. SEC. 4294. Every engineer, conductor, brakeman, switchtender. or other officer, agent, or servant of any railroad company who is guilty of any willful violation or omission of his duty as such of ficer, agent, or servant, whereby human life or safety is endan gered, the punishment of which is not otherwise prescribed, is guilty of a misdemeanor.

Violation duty.

of

Counterfeit

ing trade marks.

TITLE 75.-Trade-marks of trade unions.

SECTION 4482. Every person who willfully forges or counterfeits, or procures to be forged or counterfeited, any trade-mark usually