mules, cattle, sheep, or asses, shall be intrusted for the purpose of feeding, herding, pasturing, or ranching, shall have a lien upon such animals for the amount that may be due him for such feeding, herding, pasturing, or ranching, and shall be authorized to retain possession of such animals until the said amount is paid. ['90, p. 85. 1402.

Innkeepers. Every hotel, tavern, boarding house keeper, or person who lets furnished rooms, shall have a lien upon the baggage of his patrons, boarders, guests, and tenants for the amount that may be due from any such persons for such boarding, lodging, or rent, and he is hereby authorized to hold and retain possession of such baggage until the amount so due for boarding, lodging, or rent, or either, is paid. ['90, pp. 85–6.

A party living at a hotel, as a regular monthly boarder, is in no sense a guest so as to hold the proprietors liable as innkeepers. In such a case they

are liable only as boarding house keepers, and are held to ordinary diligence only. Lawrence v. Howard, 1 U. 142.

1403. Warehousemen. Every warehouseman or other person who shall safely keep or store any personal property at the request of the owner or person lawfully in possession thereof, shall in like manner have a lien upon all such property for his reasonable charges for the storage or keeping thereof, and for all reasonable and proper advances made thereon by him in accordance with the usage and custom of warehousemen. ['90, p. 86.

Lien of common carrier for storage, 1417.

1404. For repair of personal property. Any mechanic or other person who shall make, alter, repair, or bestow labor upon any article of personal property, at the request of the owner of such property, shall in like manner have a lien upon such articles for his reasonable charges for the labor performed and for any materials furnished and used in making such alteration, repair, or improvement. ['90, p. 86.

1405. Foreclosure and sale. At any time after thirty days after default made in the payment of a debt secured by a lien upon personal property, such lien may be foreclosed by advertisement, upon the notice and in the manner provided for the foreclosure of mortgages on personal property; provided, that a copy of the notice shall, at the time of posting or publication, be delivered to the owner of the property, or if he does not reside in the county, shall be transmitted to him by mail at his usual place of abode, if known. After paying the reasonable expenses of the sale, together with the amount due and the cost of keeping the property up to the time of the sale, the residue, if any, shall be rendered to the owner of the property. If the property be sold by advertisement, a statement shall be rendered to the owner of the property as the law prescribes shall be made to a mortgagor, and on failure to render such statement, the lienholder shall forfeit to the owner the sum of twenty-five dollars damages. The fees for the publication of notice shall in no case exceed the sum of three dollars, and the fees of the person crying the sale shall be two dollars per day.

1406. Right of action. Nothing in this chapter shall take away the right of action of the party to whom such lien is given, for his charges, or for any residue thereof, after sale of such property. ['90, p. 87.

1407. Attach to what. Limitation. Lessors, except as hereinafter provided, shall have a lien for rent due upon all of the property of the lessee not exempt from execution as long as the lessee shall occupy the leased premises, and for thirty days thereafter. ['94, p. 123.

1408. Priority. A lien for rent as provided for under this chapter shall have priority over all other liens, excepting taxes, mortgages for purchase money, and liens of employees for services for one year next prior to the sale. ['94, p. 123*.

A lessee from month to month having died, the lessor instituted proceedings for rent thirty-four days after lessee's death, claiming the benefit of the lessor's lien; held, that the lessor's claim was not superior to all other claims, the total value of the estate being less than fifteen hundred dollars,

and that the estate should have been set apart for the support of the widow and minor children of the deceased. In re Stone's estate, U.; 46

P. 1101. Where proceedings to enforce a lessor's lien are not instituted until after the time limited by statute, the lien is lost. Id.

1409. Application for writ of attachment. Jurisdiction. Where any rent shall become due, or the lessee shall be about to remove his property from such leased premises, it shall be lawful for the lessor, his attorney, agent, or assigns, to apply to a justice of the peace of the precinct, or if the rent is not less than the sum of three hundred dollars, then to the district court of the district wherein the premises are situated, for a warrant to seize the property of such lessee. ['94, p. 123.

Attachment generally, 3064.

1410. Id. Affidavit. Bond. The lessor, his attorney, agent, or assigns, shall, before the issue of such writ of attachment, file in the court aforesaid an affidavit duly sworn to, setting forth the amount of rent sued for over and above all offsets and counterclaims, and a brief description of the leased premises, and shall further state, under oath, that said writ of attachment is not sued out for the purpose of vexing or harassing the lessee; and the person applying for such writ of attachment shall execute a bond, with two or more good and sufficient sureties, conditioned that the lessor will pay the lessee such damages as he may sustain in case such writ of attachment has been illegally and unjustly sued out, which bond shall be approved and filed with the papers in the case. ['94, p. 123.

1411. Issuance of writ. Upon the filing of such affidavit and bond, it shall be the duty of the court wherein the same is filed to issue a writ of attachment to the proper person, commanding him to seize the property of the defendant not exempt from execution, or so much thereof as shall satisfy the demand. ['94, pp. 123-4.

1412. Id. Duty of officer. It shall be the duty of the officer to whom the writ of attachment is directed to seize the property of such lessee not exempt from execution, or as much thereof as shall be of value sufficient to satisfy such debt, costs, and reasonable attorney's fee, and to keep the same until the determination of the action pending between the lessor and lessee, unless the property be sooner released by bond or the attachment be discharged. ['94, p. 124.

1413. Bond for release. A bond for the release of the attached property may be given, and motion to discharge the attachment may be made, in the manner provided by law for the release of property taken under attachment or for the discharge of a writ of attachment.

Application to release or discharge, ?? 3084-3087. A lessor brought suit for rent under lessors' lien law of 1894 and attached the lessee's goods; held, that the lessee is entitled to give a bond and have the property released from attachment under the

provisions of the law concerning attachments, since the lessors' lien law did not of itself afford a complete remedy. Woolley v. Maynes-Wells Co., — U. —; 49 P. 647.

1414. What property liable to sale. All property, including growing and harvested crops and all ore mined or upon the premises, or so much of said property as may be necessary to pay the amount of rent due and costs, shall be liable to sale to enforce the payment of the lien hereby created. ['94, p. 124.

1415. Chapter not applicable, when. This chapter shall not be applicable to a written lease for a term of years, in which, as part of the consideration thereof, the lessee or assigns shall erect a building or buildings, or improvements upon the leased premises. ['94, p. 124.

CHAPTER 4.

COMMON CARRIERS' LIENS.

When

1416. Unclaimed property. Delivery to warehouseman. ever any railroad company or other common carrier, except an express company, shall have transported any baggage or freight of any kind to the place of consignment within this state, and the owner, consignee, or party entitled to receive the same shall omit, for the period of sixty days after the arrival of the baggage or freight at the place of consignment, to accept and remove the same and pay the charges thereon, it shall be lawful for such carrier to deliver such freight, for storage, to some person or company conducting the business of storing goods, subject to the charges thereon for transportation, storage by the carrier, and conveyance and drayage to the place of storage, accompanied by a substantial copy of the bill of lading in case of freight, or, in case of baggage, by a statement of the place from which, and the place to which such baggage was transported, together with the check numbers; and any carrier whose route for transportation reaches to this state, may collect and store as aforesaid at any station in this state, the unclaimed freight from all or any points or stations on its line within this state. ['96, pp. 211–12.

1417. Id. Freight and storage. Disposition of proceeds. Sale. The person or company receiving such unclaimed baggage or freight for storage shall keep a record of such bill of lading or statement and shall have a lien on such baggage or freight for the charges of the carrier and reasonable charges for subsequent care and storage, and in case the owner or person entitled to receive the same does not pay all such charges and receive and remove the property within ninety days after the same is received from the carrier, the party having the same in storage as aforesaid may proceed to sell the same, upon a notice given for the length of time and in the manner provided by law for the sale of personal property on execution, and retain out of the proceeds of sale, the amount of the lien and reasonable costs and charges of sale, and in case the proceeds are more than sufficient, the surplus shall be deposited with the state treasurer, and on request of the party entitled thereto, made within two years from the date of sale shall be paid to such owner or person entitled thereto, and if not so claimed shall be forfeited to the state. ['96, p. 212.

Lien of warehouseman,

1403. Sale of personal property on execution, ? 3249.

TITLE 40.

LOAN COMMISSIONERS.

1418. State board. The governor, the secretary of state, and the attorney general, shall constitute a state board of loan commissioners, and shall exercise the powers and perform the duties provided in this title. ['96, p. 234.

1419. Auditor's warrant for interest on bonds. The state auditor shall draw his warrant on the state treasurer for the amount of interest which shall fall due on the first day of January and on the first day of July of each year, on the bonds negotiated and issued by the state board of loan commissioners by virtue of "An act creating a state board of loan commissioners, providing for the issuing and disposal of state bonds, and for the refunding of the bonds of the territory or state already issued," approved April second, eighteen hundred and ninety-six, which said interest warrant shall be drawn at least one month previous

Su chopt 37-1899.

to the maturing of the interest; and the sum of eight thousand dollars annually, or so much thereof as may be necessary, is hereby appropriated and set aside from the general fund of the state, from year to year, to pay the interest upon said bonds.

['96, p. 235*.

1420. Bond redemption. Fund. At the expiration of ten years after the issuing of said bonds, there shall be set apart and is hereby appropriated out of the general funds in the hands of the state treasurer, annually, the sum of twenty thousand dollars, to be drawn on the warrant of the auditor, to pay the principal of said bonds as the same shall fall due. Said amount shall be held and placed by the treasurer in a fund to be known as the "redemption fund" for the redemption of said bonds. ['96, p. 235.

1421. Report to legislature. It shall be the duty of the state board of loan commissioners to make a full report of all its proceedings under the provisions of this title to the state legislature, during the first week of the next session and biennially thereafter. ['96, p. 235.

1422. Board may refund territorial bonds. The state board of loan commissioners is hereby given power and authority, under such rules and regulations as the board may prescribe, not in conflict herewith, to refund all outstanding territorial bonds, by issuing therefor negotiable coupon bonds similar in form to those issued under the provisions of the aforesaid act of April second, eighteen hundred and ninety-six. The number and denomination of said bonds shall be determined by the board. ['96, p. 235.

1423. Bonds not taxable. No bonds issued under the provisions of this title shall be taxed for any purpose within this state. ['96, p. 236.

TITLE 41.

MILITIA.

1424. Persons subject to military duty. Every able-bodied male inhabitant of this state, except Mongolians and Indians, between the ages of eighteen and forty-five years, not exempt by law, is subject to military duty. But no alien is obliged to serve or bear arms against the government to which his allegiance is due. ['96, p. 279*.

Militia shall consist of whom, Con. art. 15, sec. 1. Legislature shall provide for organization, etc., Con. art. 15, sec. 2.

1425. Persons exempt. The following persons are exempt from military duty and enrollment, except in case of war, insurrection, invasion, or imminent danger thereof:

1. Civil and military officers of the United States.

2. Civil officers and employees of this state.

3.

Practicing physicians, persons employed in hospitals and prisons, conductors and engineers of railways, members of paid fire departments, and policemen.

4. All persons exempt from military duty by the laws of the United States. ['96, p. 279.

1426. Assessors to make lists. County assessors shall annually make a list of all persons liable to enrollment living within their respective counties, and shall annually, in September, file a certified copy of such list with the county clerk, and transmit a duplicate thereof to the adjutant general. ['96, p. 279*.

1427. Enrolled militia. National guard. The militia of Utah shall be divided into two classes:

1.

The enrolled militia, consisting of all persons subject to military duty. This force shall be subject to no active duty, except in case of war, invasion, the suppression of riots, and in aid of the civil authorities in the execution of the laws; in which cases the commander-in-chief, under such regulations as he may prescribe, may order out, by draft or otherwise, and organize all or such part of the enrolled militia as he may deem necessary.

2. The organized and equipped militia known as the national guard of Utah, composed of volunteers, and of such strength as the legislature may from time to time determine.

['96, p. 279*.

1428. What organizations may drill and parade. It shall be unlawful for any body of men other than the militia of this state regularly organized or called into service, the troops of the United States, the students of educational institutions receiving military instruction under command of their instructor, or organizations of a purely benevolent or social character, to drill or parade with arms in this state; nor shall any unauthorized organization or individual wear the uniform of the national guard. ['96, p. 294*.

THE NATIONAL GUARD.

1429. Strength of national guard. From and after the first day of January, eighteen hundred and ninety-eight, the national guard shall consist of not more than one regiment of infantry consisting of ten companies, of two troops of cavalry, two batteries of light artillery, a signal corps, and a hospital corps. The governor shall at once reduce the size of the guard to the size hereinbefore provided by the disbandment of such companies as he may deem best. For the purpose of this title the word company or companies, whenever used, in a general sense, shall apply equally to infantry, cavalry, artillery, and signal corps. ['96, pp. 285-6*.

1430. Brigade organization. The national guard of Utah shall have a brigade organization, known as the first brigade, national guard of Utah, which may be in command of a brigadier general, who may be appointed by the commander-in-chief, by and with the consent of the senate; said brigadier general may appoint a staff, consisting of one assistant adjutant general, one assistant inspector general, one inspector of target practice, the assistant inspector general to act as paymaster, each with the rank of lieutenant colonel; one judge advocate, and two aides-de-camp, each with the rank of major. To the staff of the brigadier general there may also be assigned one assistant surgeon general, with the rank of lieutenant colonel, who shall be appointed on the recommendation of the surgeon general, approved by the brigadier general, and confirmed by the commander-in-chief. ['96, p. 286.

1431. Regimental and battalion organization. To each regiment there may be one colonel, one lieutenant colonel, and three majors. The colonel shall appoint one adjutant, one quartermaster, one assistant inspector of target practice, each with the rank of captain, one quartermaster sergeant, one sergeant major, one hospital steward, one drum major, who shall rank as sergeant of field music, one commissary sergeant, and one ordnance sergeant. To each regiment there may also be one surgeon with the rank of major, who shall be appointed on the recommendation of the surgeon general, approved by the brigadier general, and confirmed by the commander-in-chief. To each battalion of artillery there may be one major. The major shall appoint from the first lieutenants of the line one adjutant, one quartermaster, and one inspector of target practice. He shall appoint by and with the consent of the surgeon general one assistant surgeon with the rank of captain. He shall appoint by and with the consent of the surgeon general one hospital steward. He shall appoint one quartermaster and one: