4. The time of its duration, which shall not in any case be less than three nor more than one hundred years.

5. The pursuit or business agreed upon, specifying it in general

terms.

6. The place of its general business.

7. The amount of stock each party has subscribed.

8. The amount of each share, and the limit of capital stock agreed upon.

9. The number and kind of officers, their qualifications and term of office, and the time and manner of their election, removal and resignation, with the names of the officers to serve until the first general election; provided, that in no case shall the number of directors be less than three nor more than twenty-five; provided further, that any corporation organized or existing, or hereafter organized and existing under the laws of this State, may, instead of electing its entire board of directors annually, provide in its articles of association, or by amendment to its articles of association, for the election, as near as may be, of one-third of the number of its directors for a term of one year, one-third thereof for a term of two years, and one-third thereof for a term of three years, and thereafter at each succeeding annual meeting of the stockholders, one third thereof for a term of three years.

10. How many of the entire board of directors shall be necessary to form a quorum and be authorized to transact the business and exercise the corporate powers of the corporation; provided, that a quorum shall not be less than one-fourth of the entire number.

11. Whether or not the private property of the stockholders shall be liable for its obligations.

12. Such additional clauses as the incorporators deem necessary for conducting the business of the corporation and for its future safety and welfare.

Approved this 24th day of February, 1905.

CHAPTER 23.

TRESPASS.

An Act to amend section 72 of the Revised Statutes of Utah, 1898, relating to trespass.

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

SECTION 1.

be and the same

That section 72 of the Revised Statutes of Utah, 1898, is hereby amended to read as follows:

Section 72. Throwing down fence. Opening gate. Any person who shall wilfully throw down a fence or open bars or gates into any enclosure other than his own or into any field owned by joint occupancy and leave the same open, shall be deemed guilty of a misdemeanor and he shall also be liable for all damages thereby sustained. Approved this 25th day of February, 1905.

CHAPTER 24.

PLEADING STATUTE OF LIMITATIONS.

An Act to amend section 2992, Revised Statutes of Utah, 1898, relating to the statute of limitations and the manner of pleading cases.

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

SECTION 1. That section 2992, Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows:

2992. Pleading Statute of Limitations. In pleading the statute of limitations, it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of section (giving the number of the section in the Revised Statutes of Utah, 1898, and if the said section has been amended, the section and chapter of the Laws of Utah, amending the same which is relied upon, and of the subdivision thereof if it is so divided); and if such allegation be controverted the party pleading must establish, on the trial, the facts showing that the cause of action is so barred.

Approved this 27th day of February, 1905.

CHAPTER 25.

UNDERTAKINGS ON APPEAL FROM JUSTICE'S COURTS.

21

An Act to amend section 3747, of the Revised Statutes of Utah, 1898, relating to undertakings on appeal from justice's court.

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

SECTION 1. That section 3747, of the Revised Statutes of Utah, 1898, be, and the same is hereby amended to read as follows:

Appeal

Section 3747. Undertaking on appeal. An appeal from a Justice's court shall not be effectual for any purpose unless an undertaking be filed within five days after filing the notice of appeal, with ch 160 two or more sureties. in the sum of one hundred dollars, for the payments of the costs on the appeal; and, if a stay of proceedings be 1907 claimed, in a sum equal to twice the amount of the judgment, including costs, when the judgment is for the payment of money, or twice the value of the property, including costs, when the judgment is for the recovery of specific personal property; and shall be to the effect, when the action is for the recovery of money, that the appellant will pay the amount of the judgment appealed from and all costs if the appeal be withdrawn or dismissed, or the amount of any judgment and all costs that may be recovered against him in said action in the district court; and that if the appellant does not make such payment within thirty days after the entry of judgment in the district court or of the date of the withdrawal or dismissal of the appeal, judgment may be entered on motion of the respondent in his .favor against the sureties for such amount with interest and costs; and judgment may be entered against the sureties by the court having jurisdiction of the case pursuant to the stipulations herein designated. When the action is for the recovery of or to foreclose a lien on specific personal property, the undertaking shall be to the effect that the appellant will pay the judgment and costs appealed from and obey the order of the court made therein, if the appeal be withdrawn or dismissed, or will pay the amount of any judgment and costs which may be recovered against him in said action in the district court, and will obey any order of the court therein. When the judgment appealed from directs the delivery of the possession of real property, the undertaking shall be to the effect that during the possession of such property by the appellant he will not commit or suffer to be committed any waste thereon, and that if the appeal be dismissed or withdrawn, or the judgment affirmed, or judgment be recovered against him in the action in the district court, he will pay the value of the use and occupation of the prop

erty from the time of the appeal until the delivery of possession thereof; or that he will pay any judgment and costs that may be recovered against him in said action in the district court, not exceeding a sum to be fixed by the justice of the court, from which the appeal is taken, and which sum must be specified in the undertaking. Provided, that the giving of an undertaking on appeal may be waived in writing by the adverse party.

Approved this 27th day of February, 1905.

CHAPTER 26.

SHEEP COMMISSIONERS.

An Act to establish a State Board of Sheep Commissioners, Provide for the control and suppression of scab and other infectious diseases in sheep, and to provide revenue to enforce the same, and repealing chapter 42, laws of Utah 1903, entitled, "An Act to establish a State Board of Sheep Commissioners, create the office of State Sheep Inspector, provide for the control and suppression of scab and other infectious diseases in sheep, and to provide revenues to enforce the same."

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

SECTION 1.

Board created That a State Board of Sheep Commissioners be, and the same is hereby created.

Sec. 2. Qualifications. Term. Compensation. The State Board of Sheep Commissioners, hereinafter called the Board, shall consist of three (3) members, all of whom shall be experienced wool growers, no two of whom shall be from the same county, said members to be appointed by the fovernor, by and with the consent of the Senate, and to hold their office for four years and until their successors are duly appointed qualified. Each of said commissioners before entering upon the duties of his office shall take and subscribe to the constitution bath of office, and enter into a bond, with at least two sureties, in the penal sum of $2500. payable to the State of Utah, and condit for the faithful performance of the duties of his office, which ond shall he approved by the Governor and filed in the office of the Secretary of State. The members of the Board shall each receive on their services five hundred dollars per annum and actual transportation expenses while in discharge of their duties. Said salary and expense shall be paid from the State treasury. Each member of said Board shall be a qualified elector of the county from which he is chosen, and a flock master within the State, and must reside during his term of office within the State. Said Board must hold their

meetings quarterly and oftener, if so requested by any member of the Board.

Sec. 3. President. Secretary. Powers and duties of Board. The Board shall elect one of its members president, and is empowered to make rules and regulations for governing itself and for the enforcement of the provisions of this act, and shall adopt on behalf of the State the rules and regulations of the United States Bureau of Animal Industry, relating to the control and suppression of disease in sheep, and to co-operate with the officers of said Bureau in the enforcement of such rules and regulations. The Board shall appoint a secretary, prescribe his duties and fix his salary, which shall not exreed seven hundred and fifty dollars per annum. The Board shall maintain an office. The maintenance of such office and the secreiary's salary shall be paid from the State treasury in the same manner as the salaries and expenses of State officers. The Board shall fix the rate of tax to be levied, as provided for in Section 4 of this Aet, and shall send notice of the same to the County Commissioners of the several counties of the State on or before the first day of August of each year. The Board shall audit all bills of salaries and expense incurred in the enforcement of this act that may be payable from the sheep inspection fund, and, if found correct, shall certify the same to the State Auditor, who shall draw a warrant on the State Treasurer in favor of the party or parties entitled thereto. The Board shall make an annual report in writing to the Governor on or before the thirtieth day of November in each year, giving a statement of the transactions of the Board, and facts relating to the condition of the sheep industry of this State. The Board shall have power to order an inspection or quarantine of any sheep in the State, compel dipping at such times and as often as it deems necessary to insure the suppression of scab, and divide the State into such districts as may be necessary for the enforcement of this act. The Board shall have power to quarantine and compel the cleaning and disinfecting of any shearing, dipping or other corrals where sheep are handled. and when owners or persons in charge of such corrals fail or refuse to clean and disinfect such corrals, the Board shall have power to order the inspector to take charge of such corral and clean and disinfect it; the expense of which shall be paid by the owner or person in charge, and shall be a lien on such corral until the expense is paid. All orders, rules or regulations made by the Board must be published at least twice in some newspaper having general circulation in the State, which shall constitute a legal notice upon all sheepmen of the order made.

Sec. 4. Tax on sheep. The Board of County Commissioners, at