Personal prop

to attachment.

on execution issued at the suit of a creditor of the morterty, when liable gagor, 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 Territory. If it specifies no place of payment, or if it be payable without this Territory, then he must deposit the amount thereof with the county treasurer of any county wherein the mortgage is recorded, payable to the mortgagee, or his order.

Copy of mortgage, in evidence.

SEC. 7. A copy of any mortgage of personal property made, acknowledged, and filed for record as provided in this act, certified by the recorder in whose office the same shall be filed, may be read in evidence in any court in this Territory without further proof of the execution of the original, if said original be lost or out of the control of the person wishing to use it.

SEC. 8. The provisions of the foregoing sections To include bills shall extend to and include all such bills of sale, deeds of trust, and other conveyances of personal property as shall have the effect of a mortgage or lien upon such property.

of sale, deeds,

etc.

Mortgages of

erty foreclosed

as mortgages on real property.

SEC. 9. An action for the foreclosure of a mortgage on personal property, or the enforcement of any lien personal prop thereon, of whatever nature, may be commenced, conducted and concluded in the same manner as provided by law for the foreclosure of a mortgage or lien on real property, and without the right of redemption; Provided, That where the sum claimed is less than three hundred dollars, justices of the peace shall have jurisdiction for the foreclosure of the same. It shall be lawful for the mortgagor to insert in his mortgage the usual clauses of a deed of trust, with power of sale, on such notice and advertisement and in such manner as is provided for the sale of personal property taken on execution in the trustee or trustees therein named, or in the sheriff of the county wherein said property is situated, and in such cases the trustee or trustees, or the sheriff of such county may advertise and sell such personal property as may be provided in such clauses or in such deed of trust; and any such sale made as aforesaid, the mortgagee, his representatives or assigns, may in good faith purchase the property so sold or any part thereof.

pensation.

SEC. 10. The trustee or trustees making a sale of Trustees' com mortgaged property, as in the foregoing section provided, shall be entitled to receive as compensation such fees as may be provided in such instrument, and failing such provision, or in case sales be made by sheriff, the same fees as upon sales of personal property on execution.

of

Mortgagor, lia.

ing or destroying

erty.

SEC. 11. Any mortgagor, agent, servant or employee any mortgagor of personal property, who shall during the time such mortgage remains in force, destroy, conceal, bility for consell or otherwise dispose of the whole or any part of the cealing, removproperty mortgaged, or who shall remove the same or any mortgaged proppart thereof from the Territory, without the written consent of the mortgagee, his legal representative or assigns, shall be deemed guilty of obtaining money under false pretenses, and on conviction thereof shall be punished by a fine not exceeding three times the value of the property described in the mortgage, or by imprisonment in the county jail not more than six months, or by both such fine and imprisonment at the discretion of the court.

SEC. 12. The term mortgage in the foregoing sec- Defining term tions shall embrace deeds of trust and all instruments in- mortgage, tended as security for debt.

SEC. 13. Nothing herein contained shall authorize any person to mortgage any part or portion of such person's personal property as may be by law exempt from seizure and sale under execution, except as security for the purchase money therefor.

SEC. 14. All acts or parts of acts conflicting herewith are hereby repealed.

Approved March 13, 1884.

Property ex.

empt.

CHAPTER XXII.

OF TELEPHONE COMPANIES.

AN ACT to Provide for the Organization and Regulation of
Telephone Companies.

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That any number of persons, not less than three, two-thirds of whom must be residents of this Territory, may associate and form a company for the purpose of constructing, owning, holding and working a line or lines of telephone in this Territory, upon the terms and conditions, and subject to the liabilities prescribed in this act.

must specify.

SEC. 2. Such persons under their hands shall make What certificate a certificate which shall specify: 1. The corporate name of the company; 2. The general route of the principal line or lines of telephone, designating the principal points to be connected thereby; 3. The amount of the capital stock of the company and the number of shares into which the same shall be divided; 4. The names and places of residence of the principal shareholders, and the number of shares subscribed for by each; 5. The period of the existence of said company not to exceed fifty years. Which certificate shall be duly signed and acknowledged, and filed in the office of the Secretary of the Territory.

Privileges, when

and how secured,

Privileges and franchises defined.

Right of way.

SEC. 3. Upon complying with the provisions of the preceding section, such company shall become a body corporate by the name designated in said certificate, and shall be entitled to all the rights and privileges, and subject to liabilities common to corporations in this Territory, and a certified copy of said certificate may be used as evidence in all courts and places.

SEC. 4. Such company shall have power to purchase, take, receive, hold, use and vend to others to be used any patent or patents for telephoning; and any and all rights thereunder; to purchase, take, receive, hold and maintain any and all rights, privileges and franchises relating to the business of telephoning; to make, receive by assignment, or ratify by contract or agreement for the building, maintaining, controlling or working of any telephone line or lines; to construct, purchase, lease, take, or receive, hold, control and work any telephone line or lines so purchased by them in the Territory of Utah; and to purchase, take, lease, hold, own, use and occupy any real or personal estate, rights, property, telephone lines, grants, franchises and privileges that may be proper or convenient for the complete transaction of its business or for effectually and conveniently carrying out the objects and purposes of said company. It shall also have power to appoint such directors, officers, and agents, and to make such rules, regulations and by-laws as may be necessary or proper in the transaction of its business, and not inconsistent with the laws of this Territory or of the United States.

SEC. 5. Such company is authorized to construct telephone lines along and upon any road or highway, or across any of the waters, or over any lands within the limits of this Territory by the erection of the necessary fixtures, including poles, posts, piers, or abutments, and the appropriation of any standing trees, except fruit and ornamental trees,

and trees within enclosures for sustaining the wires of said telephone lines; Provided, The same shall not be so constructed as to incommode the public use of said road or highway or injuriously interrupt the navigation of said waters; but shall be constructed under such rules and regulations as the county courts of the several counties througn which said telephone line or lines shall pass may prescribe.

collected.

SEC. 6. If any person over whose lands said lines shall pass, upon which poles, posts, piers, or abutments Damages, how, shall be placed, or standing trees appropriated, shall con- ascertained and sider himself aggrieved or damaged thereby, it shall be the duty of the district court of the district within which such lands are, on the application of such person, and on notice of such application being served on the president, secretary, agent or attorney of such company, to appoint three discreet and disinterested persons as commissioners, who shall severally take an oath before any person authorized to administer oaths, that they will faithfully and impartially perform the duties required of them by this act, and it shall be the duty of said commissioners, or a majority of them, to make a just and equitable appraisal of all the loss or damage sustained by said applicant by reason of said lines, poles, posts, piers, or abutments, or appropriation of standing trees; duplicates of said appraisement shall be reduced to writing and signed by said commissioners or a majority of them, one copy shall be delivered to the applicant, one to the president, secretary, agent or attorney of said company or corporation, and the original shall be filed in the office of the clerk of the district court of said district; and in case any damage shall be adjudged to said applicant, the company or corporation shall pay the amount thereof, with the costs of said appraisal; said costs to be set forth and liquidated with the damages appraised, and said commisioners shall receive for their service such compensation as the district judge may award, to be paid in commissioners. like manner as the costs and damages appraised; Provided, however, That in no case shall any person be entitled to any damage when the application for the appointment of commissioners to appraise the same is not made to the district Application must court within six months after the erection of said telephone six months. lines across the lands of such persons.

Compensation of

be made within

SEC. 7. Any telephone company may at any time. with the consent of the persons holding two-thirds of the Power of sale. issued stock of said company, sell, lease, assign, transfer and convey any rights, privileges, franchises and property of said company.

SEC. 8. All operators, clerks and persons in the employ of any telephone company, while employed in the offices of said company or along the route of its telephone lines shall be exempt from serving on juries.

SEC. 9. Sections 2204, 2205, 2206 and 2207 of the Compiled Laws of Utah, in so far as they are applicable to telephone companies, are hereby made a part of this act.

SEC. 10. This act shall not be construed to limit or impair any rights of any telephone company already in operation in this Territory.

Approved March 13, 1884.

CHAPTER XXIII.

OF WELLSVILLE CITY.

Defining boundaries.

AN ACT amending "An Act to Incorporate the City of
Wellsville," approved January 19th, 1866.

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah: That Section 1 of an act entitled "An Act to Incorporate the City of Wellsville," approved January 19, 1866, be and the same is hereby amended so as to read as follows: SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory af Utah: That all of that district of country embraced in the following boundaries in Cache County, towit: Commencing at the southwest corner of the northwest quarter of Section fifteen of Township ten north of Range one west, thence north from said place of beginning four and one-fourth miles, thence east three miles, thence south four and one-fourth miles, thence west three miles to the point of beginning, shall be known and designated under the name and style of Wellsville City, and the inhabitants thereof are hereby constituted a body corporate and politic by the name aforesaid, and shall have perpetual succession and may have and use a common seal which they may change and alter at pleasure.

SEC. 2. That Section 30 of said act be and the same is hereby amended so as to read as follows: SEC. 30. The