for one year, but no candidate for examination as a preliminary to teaching in the public schools shall be an associate examiner.

1962. Compulsory attendance at schools. Exceptions. Every parent, guardian, or other person having control of any child between eight and sixteen years of age, shall be required to send such child to a public, district, or private school in the district in which he resides, at least twenty weeks in each school year, ten weeks of which shall be consecutive; provided, that in cities of the first and second class such children shall be required to attend school at least thirty weeks in each school year, ten of which shall be consecutive; provided, that in each year such parent, guardian or other person having control of any child shall be excused from such duty by the school board of the district or the board of education of the city, as the case may be, whenever it be shown to their satisfaction that one of the following reasons exists:

1. That such child is taught at home in the branches prescribed by law for the same length of time as children are required by law to be taught in the district school.

2. That such child has already acquired the branches of learning taught in the district schools.

3. That such child is in such physical or mental condition( which may be certified by a competent physician if required by the board) as to render such attendance inexpedient or impracticable. If no such school is taught the requisite length of time within. two and one-half miles of the residence of the child by the nearest road, such attendance shall not be enforced.

4. That such child is attending some public, district, or private school.

5. That the services of such child are necessary to the support of a mother or an invalid father.

The evidence of the existence of any of these reasons for non-attendance must be in each case sufficient to satisfy the superintendent, of the county or city in which the child resides; and the superintendent, upon the presentation of such evidence, shall issue a certificate stating that the holder is exempted from attendance during the time therein specified.

1963. Penalty. Any such parent, guardian, or other person having control of any child between eight and sixteen years of age who wilfully fails to comply with the requirements of the last preceding section. shall be guilty of a misdemeanor.

Approved this 9th day of March, 1905.

CHAPTER 96.

PUBLIC OFFICIALS SUBJECT TO GARNISHMENT.

An Act subjecting the salaries and wages of public officials and employees and other credits or personal property under the control of the State and its political sub-divisions, and their respective institutions or offices, to attachment, garnishment and execution, under the procedure applicable in other cases, and designating upon whom processes shall be served.

Be it enacted by the Legislature of the State of Utah:

SECTION. 1. Salaries of public officers or employees subject to garnishment. The State of Utah, or any county, city, town, district board of education, or other sub-division of the State, or any officer, board, or institution or either of the same having in possession or under control any credits or other personal property of, or owing any debt to the defendant in any action, whether as salary or wages, as a public official or employee, or otherwise, shall be subject to attachment, garnishment, and execution under such rights, remedies and procedure as are or may be made applicable by statute to attachment, garnishment, and execution, respectively, in other cases, except as hereinafter provided.

Sec. 2. Process, how served. The process shall be served only upon the auditor of the legal sub-division garnisheed, and in case there. is no auditor, then on the clerk of the county, city, town, district, board of education or other sub-division of the State or board or institution or either of the same, and the answer of such auditor or clerk shall be final and conclusive, and the truth of such answer shall not be subject to further examination or proceedings of any kind."

Approved this 9th day of March, 1905.

CHAPTER 97.

LIMITATIONS OTHER THAN REAL PROPERTY.

An Act to amend section 2877 Revised Statutes of Utah 1898, relating to limitations other than real property.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. That section 2877 Revised Statutes of Utah 1898 be and the same is hereby amended to read as follows:

2877. Action for liability created by statute one year. Trespass, waste, fraud, etc., three years.

1. An action for liability created by the statute of a foreign State or by the statute of this State other than a penalty or forfeiture under the laws of this State shall be begun within one year.

2. An action for waste or trespass of real property, within three years; provided, that when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting such waste or trespass.

3. An action for taking, detaining, or injuring personal property, including actions for specific recovery thereof, within three years; provided, that in all cases where the subject of the action is a domestic animal usually included in the term "live stock," having upon it at the time of its loss, a recorded mark or brand, and when such animal was strayed or stolen from the true owner without his fault, the statute shall not begin to run against an action for the recovery of such animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry, as to the possession thereof by the defendant.

4. An action for relief on the ground of fraud or mistake, three years; the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

Approved this 9th day of March, 1905.

CHAPTER 98.

HORTICULTURE.

An Act creating a State Board of Horticulture, providing for the publication and distribution of its reports, for the appointment of County Fruit Tree Inspectors, defining their duties and the duties of orchardists and nurserymen, making an appropriation for carrying out the provisions of this act and repealing chapter 104, laws of Utah 1903.

Be it enacted by the Legislature of the State of Utah:

SECTION 1. State Board Horticulture created. How appointed. A State Board of Horticulture is hereby created, consisting of five members, one of whom shall be the director of the Utah Agricultural College Experiment Station and the other four shall be appointed by the Governor by and with the consent of the Senate, one from each of the four horticultural districts which are hereby constituted as follows: First. The counties of Box Elder, Cache, Rich, Morgan and Weber shall be known as District No. 1.

Second. The counties of Davis, Salt Lake, Tooele, Summit and Wasatch shall be known as District No. 2.

Third. The counties of Utah, Juab, Carbon, Emery, Uintah, San Juan, Grand, Sanpete and Sevier shall be known as District No. 3. Fourth. The counties of Millard, Beaver, Piute, Wayne, Iron, Garfield, Kane, and Washington shall be known as District No. 4.

Sec. 2. Term. Qualification. Upon approval of this act, the Governor shall appoint four members, not more than three of whom shall belong to one political party, and their term of office shall be four years and until their successors are appointed and qualified. The members appointed from each district shall be residents of the district from which they are appointed, and shall be specially qualified by practical experience and study in connection with the industries dependent upon horticulture. Their term of office shall begin within thirty days after appointment.

Sec. 3. Office at Capital. Must organize. Said Board shall have an office at the State Capital, which shall be maintained at the expense of the State, and within thirty days after their appointment they shall ineet and organize by electing a president and secretary from their number. The State Treasurer shall be ex-officio treasurer of the Board.

Sec. 4. Meetings. Institutes. Lectures. The Board shall meet semi-annually, and as much oftener and at such places as it may deem expedient, to consult and adopt such measures as may best promote the

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horticultural industries of the State. It may hold institutes and horticultural meetings, and may appoint competent and qualified persons to lecture in each of the horticultural districts named in section 1 of this act, for the purpose of illustrating practical horticultural topics, and imparting instruction in the methods of culture, pruning, fertilizing and also in the best methods of treating the diseases of fruit and fruit trees, etc., cleaning orchards, and exterminating insect and other pests. They shall also confer with and instruct the County Fruit Tree Inspectors provided for herein in relation to their duties, as occasion may require, and shall have general supervision over the enforcement of the provisions of this act.

Sec. 5. Qualifications and duties of secretary. The secretary besides being a practical horticulturalist shall be especially qualified for his office by experience and education to compile and correct reports and essays; to present in a logical order all the information to be published by the Board. It shall be his duty to attend all meetings of the Board, and to prepare and preserve all reports of its proceedings and correspondence, to collect books, pamphlets, and periodicals, and other documents containing information relating to horticulture, and to preserve the same, to collect statistics and other information showing the actual condition and progress of horticulture in this State and elsewhere, and prepare, as required by the Board, reports for publication, and shall distribute by mail or otherwise the bulletins, reports and other publications of the Board, to the fruit growers of the State, and others who may request them; and to perform all such other duties as may be prescribed by the Board.

Sec. 6. Compensation of members and secretary. The compensation of each appointed member of the State Board of Horticulture shall be four hundred dollars per annum, excepting the member designated to act as secretary, provided for herein, who shall receive as compensation the sum of twelve hundred dollars per annum, who, shall devote all his time and attention to the Board, and shall not be engaged in any other business. In addition to such compensation, each member of the Board shall receive the amount of his actual and necessary traveling expenses when on official business. The salaries and other expenses as provided herein shall be paid as provided in case of other State officers; provided, that before entering upon the discharge of his official duties, each member shall make and subscribe to the constutional oath of office.

Sec. 7. Office open every day. Exception. The office of the Board shall be in charge of the secretary and shall be open for the transaction of business each day during the year, excepting Sundays and legal holidays, and excepting such time as the secretary of the Board may