128. Demurrer. Denial. If he object to the sufficiency of the accusation, the objection must be in writing, but need not be in any specific form; it being sufficient if it presents intelligibly the grounds of the objection. If he deny the accusation, the denial may be oral and without oath, and must be entered upon the minutes. [C. L. § 3120. 129. Answer after demurrer. If an objection to the sufficiency of the accusation be not sustained, the accuser must answer within such time as may be designated by the court. [C. L. § 3121. 130. Plea. Trial. If the accused plead guilty, or refuse to answer the accusation, the court must proceed to judgment of removal or suspension. If he deny the matters charged, the court must, at such time as it may appoint. proceed to try the accusation. [C. L. § 3122. 131. Reference. The court may, in its discretion, order a reference to a committee to take depositions in the matter. [C. L. § 3123. 132. Judgment. Upon conviction, in cases arising under the first subdivision of section one hundred and twenty, the judgment of the court must be that the name of the party be stricken from the roll of attorneys and counselors of the court, and that he be precluded from practicing as such attorney or counselor in all the courts of this state; and, upon conviction in other cases, the judgment of the court may be, according to the gravity of the offense charged. deprivation of the right to practice as an attorney or counselor in the courts of this state permanently, or for a limited period. [C. L. § 3124*. 133. Attorney as surety. No practicing attorney and counselor shall become a surety in any civil or criminal action, suit, or proceeding which may be instituted in any of the courts of this state, in which he is engaged as attorney. ['94, p. 5. 134. Sheriffs, etc., not to practice. Partners. Sheriffs, county clerks, and constables, and their deputies are prohibited from practicing law or acting as attorneys and counselors in the counties where they reside and hold office, or from having as a partner an attorney and counselor or any one who acts as such. ['96, p. 539. 135. Compensation. Lien. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action or counterclaim, which attaches to a verdict, report, decision, or judgment in his client's favor and the proceeds thereof in whosesoever hands they may come; and cannot be affected by any settlement between the parties before or after judgment. N. Y. Civ. Proc. 66. Attorney's fee on foreclosure, ? 3505; in suits for wages, 1347; in action to enforce lien, 1400; in action to compel cancellation of mortgage, ¿ 2006. Five thousand dollars is a proper allowance to the principal attorney for the receiver, where the amount involved is over $700,000, for one year's services, and $4,000 is sufficient for his other attor ney, who at the same time was U. S. district attorney and receiving a salary to represent the government. U. S. v. The Church, 6 U. 72; 21 P. 516. 136. Refusal of attorney to account. An attorney and counselor who receives money or property of his client in the course of his professional business, and who refuses to pay or deliver the same to the person entitled thereto within a reasonable time after demand, is guilty of a misdemeanor. Iowa, McClain's An. C. (1888) 302. 137. Disputed lien. Bond of client. When an attorney and counselor claims to be entitled to a lien upon money or property of his client in his possession, he is not liable to the penalty of the next preceding section unless he neglects or refuses to pay or deliver such money or property to the person entitled thereto upon such person giving a bond with sufficient surety, to be approved by F the clerk of the district court, conditioned for the payment of the amount of such attorney's claim when legally established. Iowa, McClain's An. C. (1888) 22 303-4*. 138. Id. Bond of attorney. Nor shall the attorney and counselor be liable as aforesaid if he shall give a sufficient bond, to be approved by the clerk of the district court, conditioned that he will pay or deliver the whole or any portion of such money or property to the claimant in the event such claimant shall finally establish his right thereto. Iowa, McClain's An. C. (1888) 21⁄2 303*-4*. TITLE 6. BEES INSPECTORS. 139. Inspectors. The boards of county commissioners of the several counties shall, when petitioned by a majority of the bee-keepers thereof, appoint one or more qualified persons inspectors of bees for their respective counties. [C. L. § 2195*. 140. Term of office. Qualification. Such inspectors shall hold office for two years and until their successors are appointed and qualified. They shall qualify by taking and subscribing the official oath and by giving bonds to be approved by their respective boards of county commissioners, which oaths and bonds shall be filed with the county clerk. [C. L. § 2196*. 141. Pay of inspectors. Tax on bees. Inspectors shall be paid out of the county treasury for services actually rendered at such rate per day as the board of county commissioners may fix. The assessor of each county is hereby required to assess each colony of bees in his county in the same manner as other assessments are made. And taxes shall be assessed and collected thereon in the manner provided by law for the collection and payment of county taxes. 142. Duties and powers of inspector. All hives of bees in each county shall be carefully inspected at least once each year by a county or a district inspector where such inspector has been appointed and, at any time upon complaint that disease exists among the bees of any person, the inspector to whom complaint is made shall immediately inspect the bees said to be infected. The inspector shall have authority to take charge and control of diseased bees and their hives and the tools and implements used in connection therewith for treatment; or to destroy such bees, broods, or hives and their contents, or implements, as may be infected; provided, that any owner who questions a decision of the inspector may appeal to three arbitrators selected from among the bee-keepers of the county, one of whom shall be chosen by the owner, the second by the inspector, and the third by the two so chosen, whose decision, concurred in by at least two of their number, shall be conclusive as to the condition of the bees at the time of such examination. ['92, pp. 51-2*. 143. Obstructing inspector. Penalty. Any person who shall hinder or obstruct, or attempt to hinder or obstruct, a duly appointed inspector from the performance of any duty required by this title, shall, on conviction thereof before a justice of the peace having jurisdiction, be deemed guilty of a misdemeanor, and shall be fined for the first offense not less than five nor more than twenty-five dollars, and for any additional offense, any sum not exceeding fifty dollars. ['92, p. 52*. TITLE 7. CAPITOL GROUNDS. 144. Control. It shall be the duty of the state board of examiners to take full possession and control of the capitol grounds, and to do all things which said board may deem necessary and proper for the preparation of said grounds for the purpose for which they are held. [C. L. SS 1880-90; '96, p. 310*. 145. Report. Said board shall present to the legislature a report of its proceedings under this title, with such recommendations as it may deem advisable. [C. L. § 1887. TITLE 8. CERTIFICATION OF BONDS AND WARRANTS. 146. By whom. The county clerk or the county auditor of each county, the auditor or the recorder of each city, the clerk of each board of education, and the clerk of each school district in this state shall indorse a certificate upon every bond, warrant, or other evidence of debt, issued pursuant to law, by any such officer, that the same is within the lawful debt limit of such county, city, board of education, or school district, respectively, and is issued according to law. He shall sign such certificate in his official character. ['96, p. 97*. 147. Provisions governing. Warrants for interest on the bonded debt, for salaries, and for the current expenses of any county, city, school district, or board of education in this state may be certified by the county clerk, county auditor, city recorder, city auditor, clerk of the school district, or clerk of the board of education, to be within the lawful debt limit of such county, city, board of education, or school district, whenever the same, together with all other indebtedness of said city, county, board of education, or school district, shall not exceed the amount of the indebtedness of such city, county, board of education. or school district at the time of the admission of this state into the Union, in addition to the whole amount of taxes of such county, city, board of education, or school district for the year in and for which such warrant or warrants are issued. [96, p. 180*. 148. Protection to officer certifying. Whenever a board of county commissioners, city council, trustees of a school district, or board of education of any such county, city, or school district shall find or declare that any appropriation or expenditure for which a warrant or warrants are to be issued, was or is for interest upon the bonded debt, for salaries, or for the current expenses of such county, city, board of education, or school district, such finding or declaration shall conclusively protect the county clerk, county auditor, city recorder. city auditor, clerk of the school district, or clerk of the board of education of any such county, city, school district, or board of education, as to such facts. in certifying any warrant or warrants therefor to be within the lawful debt limit of such county, city, board of education, or school district. ['96, pp. 180-1. 149. Penalty. Any person mentioned in section one hundred and fortysix who shall neglect to indorse any certificate required thereby, or who shall make any such certificate falsely and fraudulently, shall be guilty of a misdemeanor, and punishable by a fine, not exceeding one thousand dollars, or impris onment in the county jail, not exceeding one year, or by both such fine and imprisonment. ['96, p. 97. TITLE 9. CHATTEL MORTGAGES. 150. What necessary to validity. Unless the possession of personal property be delivered to and retained by the mortgagee, no mortgage thereof shall be valid as against the rights and interests of any person other than the parties thereto, unless: 1. The mortgage, duly witnessed by at least one person, provide that the property may remain in the possession of the mortgagor. 2. The mortgage be accompanied by the affidavit of the parties thereto, or, in case any party is absent, by the affidavit of the parties present and that of the agent or attorney of such absent party, that the same is made in good faith to secure the amount named therein and without any design to hinder or delay the creditors of the mortgagor. 3. The mortgage, or a copy thereof, be filed in the office of the recorder of the county where the mortgagor resides, or, in case he is a non-resident of this state, in the office of the recorder of the county or counties where the property may be at the time of the execution of the mortgage. [C. L. SS 2801-3*. A mortgage of personal property, to be valid as against the creditors of the vendor, must be acpanied by a delivery within a reasonable time, followed by an actual and continued change of possession of the property. The fact that the vendee retains the vendor in his employ, in caring for or it the selling of the property, though a badge of fraud, is not per se a fraud against creditors not sceptible of explanation, and which vitiates the ale. Ewing v. Merkley, 3 U. 406; 4 P. 244. As between the mortgagee and subsequent creditors, a mortgage is not invalidated by the fact that it recognizes the validity and precedence of a former Chattel mortgage which is void, and possession is taken for the benefit of both the mortgagee in the irt, and the mortgagee in the second, mortgage. Eddy v. Ireland, 6 U. 147; 21 P. 501. Where an Instrument in the nature of a chattel mortgage is executed in Michigan, assigning among other things a certain account due in Utah, the law governing 151. Need not be acknowledged. Filing. Such mortgage need not be acknowledged, and the recorder shall file the same and indorse thereon the time of filing, and it shall be as valid as if recorded. Neb. (1895) 3188. 152. Foreclosure. An action for the foreclosure of a mortgage of personal property or for the enforcement of any lien thereon, may be conducted in the manner provided by law for the foreclosure of a mortgage or lien upon real property, and without the right of redemption; or, a mortgage of personal property Containing a power of sale upon default being made in the conditions of such mortgage, authorizing the exercise of such power, may be foreclosed, by advertisement, in the manner and upon the notice hereinafter provided. [C. L. § 2809*. Manner of foreclosure by action, ? 3498. A mortgagee of personal property held as indemit for signing a note as surety, may, with the ortgagor's consent, take possession of such property and sell it under foreclosure, even before he has been indemnified by reason of his suretyship. 153. Enjoining foreclosure by advertisement. When the mortgagee or his assignee has commenced foreclosure by advertisement, and it shall be made to appear, by the affidavit of the mortgagor or his agent or attorney, to the satisfaction of the judge of the district court of the county where the mortgaged property is situated, that the mortgagor has a legal counterclaim or any other valid defense against the collection of the whole or any part of the amount claimed to be due on such mortgage, such judge may, by an order to that effect, enjoin the mortgagee or assignee from foreclosing such mortgage by advertisement, and direct that all further proceedings for the foreclosure be had in the district court properly having jurisdiction of the subject matter. N. Dak. (1895) 5884*. 154. Discharge. Penalty. A chattel mortgage, when satisfied, shall be discharged by an entry by the mortgagee, his agent, assignee, or legal representative, on the margin of the index, which shall be attested by the recorder without fee; or the recorder may discharge the same on the presentation of an order in writing duly signed and acknowledged. After the full performance of the conditions of the mortgage, any mortgagee, agent, assignee, or legal representative who shall wilfully neglect, for the space of ten days after being requested, to discharge the same, shall be liable to the mortgagor or his assigns in the sum of fifty dollars damages, and also for all actual damages sustained by such neglect or refusal. [C. L. § 2802*. Neb. (1895) 23189*. 155. How long valid. Renewal. Every mortgage so filed shall be void as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year after the filing thereof, unless, within thirty days next preceding the expiration of the term of one year from such filing, and of each year thereafter, the mortgagee, his agent, or attorney, shall make an affidavit exhibiting the interest of the mortgagee in the property at the time last aforesaid, claimed by virtue of such mortgage, and if said mortgage is to secure the payment of money, the amount yet due and unpaid, and shall file the same with the county recorder, to be attached to the instrument or copy on file to which it relates; provided, that no mortgage of personal property shall be valid as against creditors of the mortgagor or subsequent purchasers or mortgagees in good faith, after the expiration of five years from the date of the original filing. [C. L. § 2805*; '90, p. 2*. Kan. (1889) 3905. Under section 5, chapter 21, laws of Utah, 1884, a mortgage on chattels was made in good faith to secure a bona fide debt, although the property was found in the possession of the mortgagor ninety days after the maturity of the obligation; but notice of lis pendens of a suit to foreclose was filed on the day preceding the expiration of the said ninety days; held, that a decree of foreclosure and sale made in said suit will prevail against purchasers with notice under an execution issued and levied on the next day after the expiration of said ninety days. Armstrong v. Broom, 5 U. 176; 13 P. 364. Affirmed, 137 U. S., 266. 156. Id. If such affidavit be made and filed before any purchase of such mortgaged property shall be made, or other mortgage deposited, or lien obtained thereon, in good faith, it shall be as valid to continue in effect such mortgage as if the same had been made and filed within the period above provided. Kan. (1889) 3906. 157. Seizure by third party. Personal property mortgaged may be taken on attachment, if any legal cause for attachment exists, or on execution issued at the suit of a creditor of a mortgagor; but, before the property is so taken, the officer must pay or tender the mortgagee the amount of the mortgage debt and interest at the place where by its terms it is made payable, if such place is within this state. If it specifies no place of payment, or if it is payable without this state, then he must deposit the amount thereof with the county recorder of any county wherein the mortgage is filed, payable to the mortgagee or his order. [C. L. § 2806*. 158. Copy of mortgage as evidence. A copy of any mortgage of personal property, made and filed as provided in this title, certified by the recorder in whose office the same shall be filed, may be read in evidence in any court in this state without further proof of the execution of the original, if such original be out of the control of the person wishing to use it. [C. L. § 2807*. 159. Bills of sale, etc. The provisions of the foregoing sections shall extend to and include all such bills of sale, deeds of trust, and other conveyances of |