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CHAPTER 129.Mine regulations-Safety cages. Safety cage SECTION 1. It is unlawful for any person or corporation to required, when. 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 çage in such manner as to afford the greatest pro tection to life and limb from any débris or anything falling down

the shaft. Penalty. SEC. 2. 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.

ACTS OF 1903.
CHAPTER 12.-Mine regulations, Powder in mines.

Supply for SECTION 1. It shall be unlawful for any mining company, cortwenty-four poration, or individual mine owner employing more than ten men

at any one time, to have stored at any shaft house, or covering over any adit, incline or tunnel, connected with a metalliferous mine or within the underground workings of any such mine, stopes or drifts, at any one time, more than enough powder or

other high explosives to do the work for each twenty-four hours. Penalty. SEC. 2. Any violation of this act shall be punished by a fine of

not less than one hundred dollars, or more than one thousand dollars.


CHAPTER 137.Eramination and licensing of barbers. License re- SECTION 1. It shall be unlawful for any person to follow the or quired.

cupation of barber in cities of the first and second class in this State unless he shall have first obtained a certificate of registration as provided in this act: Prorided, hoirerer, That nothing in this act contained shall apply to or affect any person who is now actually engaged in such occupation. A person so engaged less than one year shall be considered an apprentice, and at the expiration of one year of such employment shall be subject to the prori

sions of this art as hereinafter provided. Board of ex- SEC. 2. A board of examiners, to consist of three persons is

hereby created to carry out the purposes and enforce the provisions of this act. The governor shall appoint, on or before the first day of May, 1903, one barber to serve one year, one qualified physician to serve two years, and one barber to serve three years, who, with their respective successors, to be appointed annually thereafter, and to serve for the term of three years, shall constitute a board of examiners of barbers, two of whom shall be prac tical barbers who have been actually engaged in the business of barbering for at least five years.

SEC. 3. Each member of said board shall give a bond in the sum of five hundred dollars, with sureties, to be approved by the secre tary of state, conditioned for the faithful performance of his duties, and shall take the oath provided by law for public officers Vacancies in said board shall be filled by the governor for the

unexpired portion of the term. Organization. SEC. 4. Said board shall elect a president, secretary and treas

urer, shall have its headquarters at such place in the State as the board may determine, and shall have a common seal. A majority of said board may, in meeting duly assembled, perform the duties and exercise the powers devolving upon said board under the provisions of this act.


Sec. 5. Such board shall have power to adopt reasonable rules Rules, etc. and regulations prescribing the sanitary requirements of a barber shop, subject to the approval of the State board of health, and to cause the rules and regulations so approved to be printed in a suitable form and to transmit a copy thereof to the proprietor of each barber shop in cities of the first and second class in this St It shall be the duty of every proprietor, or person operating a barber shop in cities of the first and second class in this State, to keep posted in a conspicuous place in his shop, so as to be easily read by his customers, a copy of such rules and regulations. A failure of any such proprietor to keep such rules so posted, or to observe the requirements thereof, shall be sufficient ground for the revocation of his license, but no license shall be revoked without a reasonable opportunity being offered to such proprietor to be heard in his defense. Any member of said board Inspection. shall have power to enter and make reasonable examination of any barber shop in this State, in cities of the first and second class, during business hours for the purpose of ascertaining the sanitary conditions thereof. Any barber shop in said cities in which tools, appliances and furnishings in use therein are kept in an unclean and unsanitary condition, so as to endanger health, is hereby declared to be a public nuisance, and the proprietor thereof shall be subject to prosecution and punishment therefor.

SEC. 6. Each member of said board shall receive a compensation Compensa of three dollars per day for actual service, and ten cents per mile tion. for each mile actually traveled in attending the meetings of the board, which compensation shall be paid out of any moneys in the hands of the treasurer of said board, after an allowance thereof by the board upon an itemized and verified claim thereof being filed with the secretary by the member claiming the same; but in no event shall any part of the expense of the board or any member thereof be paid out of the State treasury.

SEC. 7. Said board shall report annually to the governor a full Reports. statement of the receipts and disbursements of the board during the preceding year, a full statement of its doings and proceedings, and such recommendations as it may deem proper, looking to the better carrying out of the intents and purposes of this act.

SEC. 8. Said board shall hold each year, at such times and Examinations. places as it shall designate, at least four public examinations, notice whereof shall be given by a publication at least ten days before the holding of any such meeting, in at least one newspaper printed and published in the city of Salt Lake, and in at least one newspaper printed and published in the county in which said meeting shall be held. Said board is authorized to incur all necessary expenses for the proper discharge of their duties and pay the same out of any moneys in the hands of the treasurer of the board.

SEC. 9. Every person now engaged in the occupation of barber Registration. in cities of the first and second class in this State shall, within ninety days after the approval of this act, file with the secretary of said board an affidavit setting forth his name, residence and the length of time during which, and the place where, he has practiced such occupation, and shall pay to the treasurer of said board one dollar, and a certificate of registration entitling him to practice said occupation thereupon shall be issued to him.

SEC. 10. Any person desiring to obtain a certificate of registra- Applicants. tion under this act shall make application to said board therefor, and shall pay to the treasurer of said board an examination fee of five dollars, and shall present himself at the next regular meeting of the board for the examination of applicants, whereupon said board shall proceed to examine such person; and, being satisfied that he is above the age of sixteen years, of good, moral character, free from contagious or infectious diseases, that he had either studied the occupation for one year as an apprentice under a qualified practicing barber, or that he has studied the occupation in a barber school or schools as defined by this act for one year, or has practiced the occupation in another State for at least


one year, and is possessed of a requisite skill in said occupation to properly perform all the duties thereof, including his ability in the preparation of tools, shaving, hair cutting, and all the duties and services incident thereto, bis name shall then be entered by the board in the register hereinafter provided for, and a certificate of registration shall be issued to him authorizing him to practice said occupation in cities of the first and second class in this State: Provided. That whenever it appears that the applicant has acquired his knowledge of said occupation in a barber school, the board may subject him to an examination and withhold from him a certificate if it shall thus appear that he is not qualified to

practice the said occupation. School de- SEC. 11. A barber school is hereby declared to be a school confined.

ducted by a suitable person who is authorized to practice the occupation of a barber in this State, and in which all instruction is given by tompetent persons so authorized, and in which the course and period of training shall comply with the rules and regulations

of said board adopted for the government of barber schools. Apprentices. SEC. 12. Nothing in this act shall prohibit any person from sery

ing as an apprentice in said occupation under a barber authorized to practice the same under this act, nor from serving as a student in any school for the teaching of such occupation under the in

struction of a qualified barber. Same subject. Sec. 13. Every apprentice, in order to avail himself of the pro

visions of this act, must file with the secretary of said board a statement in writing, showing the name and place of business of his employer, the date of commencement of employment with him, and the full name and age of said apprentice, and shall pay

into the treasury of said board a fee or [of] fifty cents. Card to Sec. 14. Said board shall furnish to each person to whom a cer. displayed.

tificate of registration is issued a card or insignia bearing the seal of the board and the signature of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of barber in this State, and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in front of his working chair, where it may be readily seen by all persons whom he may serve. Said card or insignia shall be re newed on or before the first day of July of each year, and the holder of said certificate of registration shall pay to the secretary of said board the sum of one dollar for said renewal card or insig. nia. Upon the failure of any holder of a certificate of registration to apply for a renewal of his card or insignia on or before the first day of July in each year, his said certificate may be re voked by said board, subject to the provisions of section 16 of

this act. Register. SEC. 15. Said board shall keep a register, in which shall be

entered the names of all persons to whom certificates are issued under this act, and said register shall be at all times open to pub

lic inspection. Revocation of SEC. 16. Said board shall have power to revoke any certificate of certificates.

registration granted by it under this act, for (a) conviction of crime; (b) habitual drunkenness; (c) gross incompetency; (d) the keeping of a shop or the tools, appliances or furnishings thereof, in an unclean and unsanitary condition ; (e) failure to comply with the requirements of section 14 of this act: Provided. That before any certificate shall be revoked the holder thereof shall have notice in writing of the charge or charges against him, and shall have a reasonable opportunity to be heard in his defense. Any person whose certificate has been revoked may, after the expiration of ninety days, apply to have samé regranted, and the same shall be regranted to him upon a satisfactory showing that

the disqualification has ceased. Violations. Sec. 17. Any person practicing the occupation of barber without

having obtained a certificate of registration, as provided by this act, or employing a barber who has not such a certificate, or falsely pretending to be qualified to practice such occupation under this act, or for violating any of the provisions of this act, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than ninety days.



CHAPTER 38.Employment of children.


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SECTION 712. No child under fifteen years of age shall be em- Certificate reployed in a mill or factory unless such child has attended public quired. school twenty-six weeks during the current year, and deposited with the owner or overseer of such mill or factory a certificate of such attendance at school, signed by the teacher thereof.

SEC. 713. A child under fourteen who cannot read and write Illiterates. shall not be employed during the sessions of the school such child should attend. SEC. 714. Any person violating the provisions of the

Penalty. preceding sections shall be fined not more than twenty-five dollars and not less than five dollars to the use of the town in which the child resides. Truant officers shall make complaint for violations of this chapter to a justice or judge of a municipal court.

SEC. 715. The town superintendent may inquire of the owner or Employers to overseer of a mill or factory as to the employment of children show certifi

cates. therein, may call for the production of the certificate deposited with such owner or overseer, and satisfy himself that the requirements of law have been complied with.

CHAPTER 69.—Exemption of wages from garnishment.

SECTION 1312 (as amended by act No. 31, Acts of 1896).

What wages

are exempt. neither shall a person be adjudged a trustee by reason of wages or compensation due the principal debtor, for work and labor performed by him in person after the service of the trustee process upon the trustee; and no earnings of a minor or married woman shall be subject to the trustee process in a suit against the parent of such minor or husband of such married woman. Neither shall a corporation be adjudged a trustee by reason of any money due from it to a person residing without the State, for services rendered without the State; provided a like sum of money so due would be exempt from attachment by trustee process in the State where such person resides.

CHAPTER 102.— Wages preferred-In insolvency.




In the order for dividends under this Order of paychapter, the following claims shall be entitled to priority, and be ment,

mands. paid in the following order :

I. The fees, costs, and expenses of suits, and the several proceedings in insolvency under this chapter, and for the care and custody of property as herein provided.

II. Debts due the United States, and taxes and assessments under the laws thereof.

III. Debts due the State, and taxes and assessments under the laws thereof.

IV. Wages due any employee, clerk or house servant, to an amount not execeeding fifty dollars, for labor performed within six months next preceding the date of the adjudication.

CHAPTER 131.Earnings of married women. SECTION 2647. All personal property and rights of action ac- Earnings quired by a woman before coverture, or during coverture, except separate prop

erty. by gift from her husband, shall be held to her sole and separate use,

CHAPTER 169.-Security for ages of employees on railroads

Contractor's bond.

Bond to be SECTION 3827. A railroad company shall require sufficient securrequired.

ity from the contractors for the payment of labor performed in conCompany li- structing the road by persons in their employ; and such company able, when. shall be liable, to the day laborers employed by the contractors,

for labor actually performed on its road, if the person having such claim shall, in writing, within forty days after the performance of the labor, notify the engineer in charge of the section on which the labor was performed, that he has not been paid by the contractors.

This statute is constitutional. It applies to laborers for subcontractors as well as to those of contractors. 31 Vt. 214.

CHAPTER 169.—Safety appliances on railroads.


Height, etc., SECTION 3883. All single track railroad bridges in this State of bridges.

shall, when built or rebuilt, be hereafter so constructed as to leave a clear space of not less than fifteen feet between the inner sides of said bridges, and also a clear space of not less than twenty feet from the lowest timbers, boards, or irons in the covering of said bridges, to the top of the rails under the same: And in all double track bridges the clear space of inside width shall be

not less than twenty-seven feet. Telltales.

SEC. 3881. A person or corporation operating a railroad, or part of a railroad, in this State, shall place at the approaches of all its bridges and the highway bridges or other structures which cover or extend over its track, that do not leave a clear height of twenty feet from the top of the rails to the lowest part of said bridges or other structures directly over said rails, such telltale warnings, or other safety devices of uniform pattern for warning trainmen of their approach thereto, as shall be recommended by the board

of railroad commissioners. Blocking

SEC. 3885. A person or corporation operating a railroad or a frogs, etc.

part of a railroad in this State, shall at all times keep the frogs. switches and guard rails on its tracks, with the exceptions of guard rails upon bridges, filled or blocked with a wooden block or wedge, so as to prevent the feet of its employees from being

caught therein. Ladders on SEC. 3886. No railroad corporation shall run cars of its own

with ladders or steps to the top of the same on the sides of its cars, but said ladders or steps shall be on the ends or inside of

the cars. Penalty. SEC. 3887. If a person or corporation fails to comply with the

requirements of the four preceding sections, such person or corpo ration shall forfeit fifty dollars for every day's neglect, and be liable for the damages and injuries to passengers and employees on

its roads, resulting from such neglect. Enforcement. SEC. 3888. Such penalty may be enforced by an action on the

case in the name of the State, and the State's attorney of the county where the offense is committed shall prosecute the same, upon notice thereof from the board of railroad commissioners.

An injured employee can not recover under this statute if his injuries resulted from negligence of his own combined with failure of the railroad company to comply with the law. 47 Atl. Rep. 827.

A contract with an employee or with his next of kin waiving the right of action for damages which may arise from injuries received while in the service of a railroad company will not protect a company that falls to

comply with the provisions of this law. 51 Atl. Rep. 6. Power brakes, SEC. 3910. All railroad passenger trains except mixed trains

shall be provided with brakes operated from the engine by the

engineer. Penalty. SEC. 3911. A person or corporation not complying with the re quirements of

[section 3910) shall be fined fifty dollars for every violation thereof, and shall be liable for the damages and injuries to passengers and employees on its road resulting from such neglect.


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