be exempt from judgment lien and from execution or forced sale, except as provided in this title.

['96, p. 215*.

Homestead exemption to be provided, Con. art. 22, sec. 1. Neither husband nor wife can remove the other from homestead, 1207. Property exempt from execution, 3243-3246. Homestead exempt from payment of decedent's debts, exception, ?? 2829, 3847. Homestead of decedent goes to whom, 2830, 2831, 3847.

Land not being the residence of the plaintiff or his family, nor in any manner appurtenant to or used in connection with their residence, nor selected by the plaintiff for a homestead, is not within the exemption provided for in 23429, C. L. 1888, and hence subject to sale by a judgment creditor. Gammett v. Storrs, - U. --; 49 P. 642.

1148. Selected from property of husband or wife. If the homestead claimant is married, the homestead may be selected from the separate property of the husband, or, with the consent of the wife, from her separate property.

N. Dak. (1895) ? 3606*.

1149. Declaration, who may make. Any person who is the head of a family may make a declaration of homestead in the manner provided in the next two sections, but a failure to make such declaration shall not impair the homestead right.

N. Dak. (1895) 3620.

1150. Id. Execution and filing. In order to record a homestead, the husband or other head of the family, or, in case the husband has not made such selection, the wife must execute and acknowledge a declaration of homestead, and file the same for record in the office of the recorder of the county or counties in which the land is situated.

N. Dak. (1895) 3621*.

1151. Id. Contents. The declaration of homestead must contain:

1. A statement showing the person making it to be the head of a family; or, when the declaration is made by the wife, showing that her husband has not made such declaration.

1152. Selection on issue of execution. It shall be the privilege of either the husband or the wife to claim and select a homestead to the full extent prescribed in this title, on the failure of the other, being the judgment debtor, to make such claim or selection.

1153. Sale of homestead.

Effect. A sale and disposition of one homestead shall not be held to prevent the selection or purchase of another. N. Dak. (1895) 3624.

1154. "Head of a family" defined. The phrase "head of a family" as used in this title includes within its meaning:

1. The husband or wife, when the claimant is a married person; but in no case are both husband and wife entitled each to a homestead under the provisions of this title, except to the extent hereinbefore provided.

2. Every person who has residing on the premises with him or her and under his or her care and maintenance, either: (a) his or her child, or the child of his or her deceased wife or husband, whether by birth or adoption; (b) a minor brother or sister, or the minor child of a deceased brother or sister; (c) a father, mother, grandfather, or grandmother; (d) the father, mother, grandfather, or grandmother of a deceased husband or wife; (e) an unmarried sister, or any other of the relatives mentioned in this section, who have attained the age of majority and are unable to take care of or support themselves.

1155. Conveyance of recorded homestead. If the owner is married, no conveyance or incumbrance of, or contract to convey or incumber, the premises selected and recorded as a homestead prior to the time of such conveyance,

incumbrance, or contract, is valid unless both the husband and wife join in the execution of the same.

N. Dak. (1895) ? 3608*. Iowa, McClain's An. C. (1888) 3165. Colorado, Mills' An. S. (1891) 2137.

Husband can convey homestead without wife's consent, subject to her dower right. Cook v. Higley, 10 U. 228; 37 P. 336.

1156. When subject to execution. cution in satisfaction of judgments obtained:

1.

The homestead is subject to exe

On debts secured by mechanics' or laborers' liens for work or labor done or material furnished exclusively for the improvement of the same.

2.

3.

On debts secured by lawful mortgage on the premises.

On debts created for the purchase thereof and for taxes accruing and levied thereon.

N. Dak. (1895) 3607.

All property liable to execution for purchase price, taxes, etc., 3247.

1157. When husband or wife deserts. In case the husband or wife desert his or her family, the exemption shall continue in favor of the one residing upon the premises. ['96, p. 215.

1158. Effect of conveyance. Exemption of proceeds. When a homestead is conveyed by the owner thereof, such conveyance shall not subject the premises to any lien or incumbrance to which it would not be subject in the hands of the owner; and the proceeds of the sale thereof, to the amount of the exemption existing at the time of sale, shall be exempt from execution or other process for one year after the receipt thereof by the person entitled to the exemption. ['96, p. 215.

1159. Insurance money, when exempt. Whenever the homestead improvements are insured in favor of the owner, and a loss occurs entitling such person to the insurance, the money thus derived shall be exempt to the same extent as the improvements would have been had not such loss occurred. ['96, pp. 215–16*.

1160. Water rights exempt from execution. Water rights and interests, either in the form of corporate stock or otherwise, owned by the judgment debtor, shall be exempt from execution to the extent that such rights and interests are necessarily employed in supplying water to the homestead for domestic and irrigating purposes; but such rights and interests shall not be exempt from assessment and sale by corporations or companies owning the water, nor from levy and sale on a judgment against such corporations or companies. ['96, p. 216*.

1161. When homestead exceeds exemption in value. If the homestead selected is of greater value than is exempted under this title, and if it consists of two or more separate pieces of land, neither of which is of the value allowed, the person entitled to the exemption may select which he will retain in full and which shall be partitioned or sold. If so elected, the homestead may be sold, and, after paying the judgment debtor the value of the homestead, the balance of the money shall be applied on the judgment. ['96, p. 216*.

1162. Id. Sale of homestead. The homestead shall not be sold if the bid do not exceed the value of the exemption if the homestead be in one piece; but if the homestead be in more than one piece, then the officer and the judgment debtor shall proceed as hereinafter provided to determine the value of each piece of property exempted, and any such property shall not be sold unless the bid for each piece be greater than the appraised value thereof. ['96, p. 216*.

1163. Id. When situate in more than one county. If the homestead be situated in more than one county, then the officer serving the execution shall have that part of the homestead situated in the county wherein the writ is served, appraised, and he shall prepare a certificate in duplicate, signed by the appraisers, if any, and himself, stating the value of such property, of which one copy shall be given to the judgment debtor and the other shall be forwarded to

the sheriff or other proper officer of the county wherein another piece of the homestead property is situated; and such property shall be appraised as before. In case such property does not equal in value the remainder of such exemption, the officer shall, before levy and sale, if the judgment debtor have unappraised property in some other county, cause the same to be appraised and like proceedings had as hereinbefore prescribed. ['96, p. 217*.

1164. Id. Proceeds of sale exempt. If sold on the judgment, the money paid the judgment debtor shall be exempt from that or any other execution as hereinbefore provided. ['96, p. 217.

1165. Id. Interval between sales in different counties. When sales of property are made in more than one county on the same execution, there shall be at least five days intervening between the first and each succeeding sale. ['96, p. 217.

1166. Id. Disagreement as to value of homestead. Procedure. If the officer having the execution and the person claiming the exemption cannot agree as to the value of the homestead, or the partition thereof, or as to the quantity and value of any of the articles of personal property exempted by law, the officer shall select one appraiser and the person claiming the exemption another appraiser, both being householders of the vicinity, to whom the officer shall administer an oath to fairly and justly appraise and set apart the exempt property concerning which there is a disagreement. In case of the disagreement of the appraisers, they shall choose a third person, who shall also be sworn, and the decision of any two such appraisers, when made, shall be final. The appraisers shall report to the officer their appraisal of the property selected for the homestead. If the person entitled elect to have the property partitioned, it shall be the duty of the appraisers to set apart such homestead as the person entitled shall select and be entitled to. ['96, pp. 217-18*.

1167. Id. Excess to be sold. The property not set apart as a homestead shall be subject to sale, under execution, the proceeds to be applied on the judgment. ['96, p. 218.

TITLE 28.

HORTICULTURE.

1168.

State board of horticulture.

Three members. How appointed. A state board of horticulture is hereby created, to consist of three members who shall be appointed by the governor, by and with the consent of the senate, the said members to be residents of and appointed to represent respectively the three horticultural districts of Utah hereby created, as follows:

1. The counties of Salt Lake, Davis. Tooele, Weber, Morgan, Summit. Rich, Cache, and Box Elder.

2. The counties of Utah, Carbon, Emery. Grand, Juab, Millard, Sanpete, Sevier, Uintah, and Wasatch.

3. The counties of Beaver, Garfield, Iron, Kane, Piute, San Juan, Washington, and Wayne. ['96, p. 354*; '97, pp. 48-9.

1169. Members to be experienced. Terms. The members of said board shall be selected with reference to their knowledge of and practical experience in horticulture and the industries connected therewith. No more than two members of said board shall belong to one political party. They shall hold office for the term of four years and until their successors are appointed and qualified. ['97, p. 49.

1170. One member to be secretary.

One member of said board

shall be designated by the governor to act as secretary, who shall perform the duties as hereinafter prescribed. Before entering upon the discharge of his duties. each member shall make and subscribe the oath as prescribed for other state offices in Utah. ['97, p. 49.

1171. Gifts for the promotion of horticulture. The state treasurer is hereby authorized to receive gifts, donations, or bequests of money or property for the promotion of the horticultural interests of Utah and to disburse the same upon warrants of the state auditor, which said warrants shall be drawn only upon order of the majority of said board of horticultural commissioners, and for the purpose named in this title. ['97, p. 49.

1172. Office of the board kept open. The office of the board shall be located at such places within the state as the members of the board may direct, and 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 times as the secretary of the board may be in the active discharge of his duties in his district, outside said office. ['97, p. 49.

1173. Board may make rules respecting contagious diseases, etc. For the purpose of preventing the introduction into the state or spread of contagious diseases, insects, pests, or fungus growths among fruit or fruit trees, and for the prevention, treatment, cure, and extirpation of fruit pests and diseases of fruit and fruit trees, and for the disinfection of grafts, scions, orchard debris, fruit boxes and packages, and other material or transportable articles dangerous to orchards, fruit, or fruit trees, said board may make regulations for the quarantining, inspection, and disinfection thereof, which said regulations shall be circulated by the board, in printed form among the fruit growers and fruit dealers of the state by publishing the same at least four successive times in some newspaper having general circulation in the state and by posting copies thereof in three conspicuous places in each county, one of which shall be at the county court house. Such regulations, when so promulgated, shall be held to impart notice of their contents to all persons within the state, and shall be binding upon all persons therein. A wilful violation of any quarantine or other regulation of said board, necessary to prevent the introduction into the state or the shipment, sale, or distribution of any article so infected as to be dangerous to the fruitgrowing interests of the state, or the spread of dangerous diseases among fruit trees or orchards, shall be deemed a misdemeanor. ['96, pp. 355–6*; '97, pp. 49, 50.

1174. Owner to disinfect orchard, etc. It shall be the duty of every owner, occupant, or person in charge of any orchard, vineyard, or nursery within the state to disinfect all fruit trees, bushes or vines that are infested with any kind of fruit-destroying diseases or insects, their larvæ or their pupæ, that are injurious to fruit or trees, by spraying with solution or disinfectant of sufficient strength to destroy such diseases or insects, their larvæ or their pupa; provided, that no trees, vines, or bushes shall be sprayed while in bloom. ['96, p. 355*; '97, p. 50.

1175. Person spraying for hire to obtain certificate. Any person or persons spraying trees, bushes, or vines for hire shall obtain a certificate from the county inspector of his county, who may cancel his certificate at any time,

for cause.

['96, p. 356*; '97, p. 50.

1899

1176. County inspector appointed on petition. Duties. Term. Amended Compensation. Upon petition of fifty resident freeholders and possessors of Chap 47 orchards or nurseries within any county in the state for the appointment of a county inspector, it shall be the duty of the board of county commissioners of any county to appoint a suitable person, resident of such county, and a practical horticulturist, to act as county inspector for said county, who shall be under the

supervision of the state board of horticulture, and shall perform his duties under its direction. Such county inspector shall continue in office during a term of two years, if not sooner removed by the county commissioners for incompetency or dereliction of duty or complaint of the state board. The county inspector shall be selected with reference to his fitness and knowledge of and practical experience in spraying and horticulture, and the industries connected therewith, and with no reference whatever to his political affiliations. The compensation of each of such county inspectors shall be two dollars per day for each day actually employed, and they shall serve during such portion of each year as the county commissioners may direct. All compensation of county inspector shall be paid by the several counties in which such inspectors act. Any vacancy in the position of county inspector shall be filled by the county commissioners of said county. ['97, pp. 50-1.

1177. Inspections by members, etc. Infected orchard a public nuisance. Abatement. Expense. It shall be the duty of the several members of the board, and of the county inspectors, under their direction, whenever they shall deem it necessary, to cause an inspection to be made of any orchards, nurseries, trees, plants, vegetables, vines, or any fruit packing-house, storeroom, salesroom, or any other place within their districts or counties, and if found invested with any pests, diseases, or fungus growths injurious to fruits, plants, vegetables, trees, or vines, or with their eggs or larvæ, liable to spread to other places or localities, of such nature as to be a public danger, they shall notify the owner or owners, or persons in charge of or in possession of such articles, things, or places, that the same are so infested and shall require said persons to eradicate or destroy said insects or pests, or their eggs or larvæ, or to treat such contagious diseases within a certain time, to be specified in said notice. Said notices may be served upon the person or persons, or any of them, owning, having charge or having possession of such infested place, article, or thing, by any member of the board, or by any county inspector or deputy inspector, or by any person deputed by said board for that purpose, or they may be served in the same manner as a summons in an action at law. Such notice shall contain directions for the application of some treatment approved by the commissioners for the eradication or destruction of said pests, or the eggs or larvæ thereof, or the treatment of contagious diseases or fungus growths. Any and all such places, orchards, nurseries, trees, plants, shrubs, vegetables, vines, fruit, or articles thus infested are hereby declared to be a public nuisance; and whenever any such nuisance shall exist at any place in the state on the property of any owner or owners upon whom or upon the person in charge or possession of whose property notice has been served as aforesaid, and who shall have failed or refused to abate the same within the time specified in such notice, or on the property of any non-resident, or any property not in the possession of any person and the owner or owners of which cannot be found by the resident member of the board or the county inspector, after diligent search within the district, it shall be the duty of the board, or the members thereof in whose district said nuisance shall exist, or the county inspector under his or their direction, to cause such nuisance to be at once abated, by eradicating or destroying said insects or pests, or their eggs or larvæ, or by treating or disinfecting the infested or diseased articles. The expense thereof shall be a county charge, and the county commissioners shall allow and pay the same out of the general fund of the county. Any and all sums so paid shall be and become a lien on the property and premises from which said nuisance shall have been removed or abated, in pursuance of this title, and may be recovered by a suit in equity against said property or premises; which suit to foreclose such liens shall be brought in the district court of the county where the premises are situated, by the county attorney, in the name and for the benefit of the county making such payments. The proceedings in such cases shall be governed by the same rules, as far as may be applicable, as suits to foreclose mechanics' liens, and the prop