head of the second column on the editorial page in the same type as was the article complained of as libelous, for three days, reference to such retraction. to be made also on the local page of such paper; provided, that if such libel was published in the Sunday edition of such newspaper, one of the publications of the retraction herein provided for shall be in an edition of such newspaper published on a Sunday; then the plaintiff in such cases shall recover only actual damages; provided, that the provisions of this title shall not apply to the case of any libel against any candidate for a public office at any election in this state, or avowed candidate for nomination to any office before any political convention, unless the retraction of the charge is made editorially in a conspicuous manner at least five days before the holding of such election or political convention, in case such libelous article was published in a daily paper, or, if published in a weekly paper, at least ten days before the holding thereof. ['96, p. 110*; '97, pp. 98-9.

Freedom of the press, Con. art. 1, sec. 15.

It is a libel to publish of a man that he has committed adultery, and that the current report of the affair makes it a crime of rape. Lowe v. Herald, 6 U. 175; 21 P. 991. A candidate for public office is amenable to public or private criticism made in good faith upon reasonable or proper cause, since the community has a right to know the character, habits, mental and moral qualifications of its public servants. People v. Glasmann, 12 U. 238; 42 P. 956. In a prosecution for libeling a person having the management of a corporation, the defendant's enmity towards such a person at directors' meeting, and that it grew out of their relation to the corporation, may be shown as tending to prove defendant's authorship of the libel, and that it was such person to whom reference was made in the publication. People v. Ritchie, 12 U. 180; 42 P. 209. Letter capable of the construction that the person libeled was guilty of mal-administration of the affairs of a corporation, and fraudulent practices to conceal the same, is a libel. Id. A

One

newspaper article relating to the acts of a family respecting the cruel treatment of a child is not a privileged communication, though made in good faith as a matter of news. Fenstermaker v. Tribune Pub. Co., 13 U. 532; 45 P. 1097. member of a family may maintain an action for defamation of himself personally, where the newspaper publishes libelous matter concerning the family of such a member. Id. For case involving questions of pleading and evidence in libel suit, see Fenstermaker v. Tribune Pub. Co., 12 U. 439; 43 P. 112. In assessing damages for libel, the elements taken intoconsideration are: (1) the plaintiff's injured feelings and tarnished reputation; (2) the nature of the imputation; (3) the character of the defendant and influence of the parties; and (4) all mitigating circumstances shown by the defendant. The amount of such damages rests with the jury, but must be purely compensatory. Fenstermaker v. Tribune Pub. Co., 13 U. 532; 45 P. 1097.

TITLE 38.

LIBRARIES.

CHAPTER 1.

STATE LIBRARY.

1349. Board of control. The governor, secretary of state, chief justice, and associate justices of the supreme court, shall constitute the board of control of the state library. ['90, p. 99.

1350. Rules. The public shall have access to the state library, and the board of control may make such rules and regulations not inconsistent with the provisions of this chapter, as it may deem proper for the use of the library by the public and the officers herein named, and may prescribe penalties for any violation thereof, which shall be collected in the same manner as forfeitures for the non-return or injury of any book. ['90, p. 99.

1351. Who make take books from library. Books may be taken from the state library by members of the legislature and its officers, the officers

of the executive department of the state, justices of the supreme and district .courts, and the attorney general, but no other person shall be permitted to take or detain any book from the library. ['90, p. 99*.

1352. Register of books issued. Return. The state librarian shall keep a register of all books issued and returned, showing to whom they are issued, by whom they are returned, and the time they are so issued and returned. No book taken from the library shall be detained more than ten days, except when taken for the use of officers and members of the legislature while it is in session, and all books taken out by officers or members of the legislature shall be returned at the close of the session. ['90, p. 99*.

Clerk of supreme court is ex officio librarian, ? 664.

1353. Id. Failure. Injury. If any person injures or fails to return any book taken from the library he shall forfeit and pay to the librarian for the use of the library the damage thereto, including costs and reasonable counsel fees for collecting the same, to be recovered in an action in the name of the state in any court of competent jurisdiction; and it shall be the duty of the librarian in behalf of the state to commence suit for the collection of all such forfeitures and all fines. ['90, p. 99.

1354. Annual report of librarian. The librarian shall, on or before the twentieth day of December in each year, report to the governor the condition of the library, stating the number of volumes contained therein, the number of volumes purchased during the last year and the cost thereof, the number of volumes received by donation, the number of volumes injured or not returned, if any, and the amounts received in compensation therefor, and such suggestions and further information as may be deemed by him desirable. ['90, pp. 99-100.

1355. Catalogue. It shall be the duty of the librarian to make out a written catalogue, conveniently arranged in alphabetical order, and cause the same to be printed and distributed to the officers entitled to the use of such library, of all books, pamphlets, maps, charts, globes, papers, apparatus, and valuable specimens in the library, adding thereto as the library is increased; which catalogue shall be kept for the use of those authorized to use books. He shall also make out and place in some conspicuous place a copy of the rules and regulations of the library. ['90, p. 100.

1356. Books to be labeled. It shall be the duty of the librarian to cause every book in the library to be labeled with printed or stamped label containing the words "Utah State Library," and also cause the same words to be written or stamped on one or more pages of each volume.

['90, p. 100*.

1357. Sale or exchange of books. The board of control of the library may sell or exchange any surplus or duplicate sets of reports or law books in the library and use the money arising from such sale in purchasing other law books or reports for the library. ['90, p. 100.

1358. Penalties. If the librarian shall permit or allow any person not authorized by this chapter to take a book from the library, he shall be liable, upon conviction thereof, to pay a fine of not less than five nor more than fifty dollars for each book so taken. All fines and forfeitures collected shall be used for the benefit of the library according to the best judgment of the board of control. ['90, p. 100.

1359. Id. If any person not authorized by this chapter shall take a book from the library, either with or without the consent of the librarian, or violate any of the provisions of this chapter, he shall upon conviction thereof, be fined in any sum not less than ten nor more than fifty dollars for each book so taken. ['90, p. 100-1.

CHAPTER 2.

PUBLIC LIBRARIES.

1360. Cities of the first and second class may establish. Annual tax. The city council of each city of the first and of the second class shall have power to establish and maintain a public library and reading room for the use and benefit of the inhabitants of such city; and for that purpose may levy a tax of not to exceed one-third of one mill on the dollar, annually, on all the taxable property in the city, such tax to be levied and collected in the same manner as other general taxes of said city, and to be known as the library fund; provided, that no such tax shall be levied in the first instance in any city of the first class until a petition, signed by at least one thousand qualified voters and property tax payers, shall have been filed with the city council of such city, nor in any city of the second class, until such a petition, signed by at least two hundred and fifty qualified voters and property tax payers, residents of such city, shall have been so filed. ['96, p. 144.

Cities may establish and maintain libraries, ? 206, sub. 77.

1361. Directors. Appointment. When the city council in any city of the first or of the second class shall have decided to establish and maintain a public library and reading room, under the provisions hereof, the mayor of such city shall, with the approval of the city council, proceed to appoint a board of nine directors for the same, chosen from the citizens at large with reference to their fitness for such office; and not more than one member of the city council shall be at any one time a member of said board. ['96, p. 144.

1362. Id. Terms. Removal. Said directors shall hold office as follows: one-third for one year, one-third for two years, and one-third for three years, from the first day of July following their appointment, and at their first regular meeting shall cast lots for the respective terms; and annually thereafter the mayor shall, before the first day of July of each year, appoint, as before, three directors to take the place of the retiring directors, who shall hold office for three years, and until their successors are appointed. The mayor may, by and with the consent of the city council, remove any director for misconduct or neglect of duty. ['96. pp. 144-5.

1363. Id. Vacancies. Vacancies in the board of directors, occasioned by removals, resignations, or otherwise, shall be reported to the city council, and be filled in like manner as original appointments, and no director shall receive any compensation. ['96, p. 145.

1364. Id. Powers. Said directors shall, immediately after appointment, meet and organize by the election of one of their number as president, and the election of such other officers as they may deem necessary. They shall make and adopt such by-laws, rules, and regulations for their own guidance, and for the government of the library and reading room, as may be expedient, not inconsistent with law. They shall have the exclusive control of the expenditure of all money collected for the benefit of the library fund, and of the construction of any library building, and of the supervision, care, and custody of the grounds, rooms, and buildings constructed, leased, or set apart for that purpose; provided, that all moneys received for such library shall be deposited in the treasury of said city to the credit of the library fund, and shall be kept separate and apart from other moneys of such city, and drawn upon by the proper officers of such city upon the properly authenticated vouchers of the library board. Said board shall have power to purchase or lease grounds, to lease or erect an appropriate building or buildings. for the use of said library, to appoint a suitable librarian and necessary assistants, to fix their compensation, to remove such appointees at will, and in general, to carry out the spirit and intent of the provisions of this chapter, in establishing and maintaining a public library and reading room. ['96, p. 145.

1365. Use of library. Every library and reading room, established under this chapter shall be forever free to the use of the inhabitants of the city where located, subject, however, to such reasonable rules and regulations as the library board may adopt, in order to render the use of said library and reading room of the greatest benefit to the greatest number; and said board may exclude from the use of said library and reading room any and all persons who shall wilfully violate such rules. Said board may extend the privileges and use of such library and reading room to persons residing outside of such city, but in the state, upon such terms and conditions as said board may from time to time by its regulations prescribe. ['96, pp. 145–6.

1366. Directors' report. The said board of directors shall make, on or before the second Monday in June, an annual report to the city council, stating the condition of their trusts on the first day of June of that year, the various sums of money received from the library fund and from other sources, and how much money has been expended, and for what purposes; the number of books and periodicals on hand, the number added by purchase, gift or otherwise, during the year; the number of books lost or missing; the number of visitors attending: the number of books loaned out, and the general character and kind of such books; with such other statistics, information, and suggestions as they may deem of general interest. All such portions of said report as relate to the receipt and expenditure of money, as well as the number of books on hand, books lost or missing, and books purchased, shall be verified by affidavit. ['96, p. 146.

1367. Injuries to books. The city council of said city shall have power to pass ordinances imposing suitable penalties for the punishment of persons committing injury upon such library, or the grounds, or other property thereof, and for injury to or failure to return any book belonging to such library. ['96, p. 146.

1368. Donations. Any person desiring to make donations of money, personal property, or real estate, for the benefit of such library, shall have the right to vest the title to the money or real estate so donated in the board of directors created under this chapter, to be held and controlled by such board, when accepted, according to the terms of the deed, gift, devise, or bequest of such property; and as to such property, said board shall be held and considered to be special trustees. ['96, p. 146.

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1369. In cities of the third class and towns. Tax. When fifty legal voters of any city of the third class or of any town, shall present a petition to the recorder or clerk of such city or town, asking that an annual tax be levied for the establishment and maintenance of a free public library in such city or town, and shall specify, in their petition, a rate of taxation not to exceed one mill on the dollar, such recorder or clerk shall, in the next legal notice of a regular biennial election in such city or town, give notice that at such election every elector who shall have paid a property tax therein in the year next preceding such election, may vote "for a mill tax for a free public library, yes-no." specifying in such notice the rate of taxation mentioned in said petition; and if the majority of all the votes cast in such city or town, shall be for the tax for the free public library," the tax specified in such notice shall be levied and collected as other general taxes of said city or town, and shall be known as the "library fund"; provided, that such tax shall cease in case the legal voters of any such city or town shall so determine by a majority vote, at any biennial election held therein: and the corporate authorities of such cities of the third class, and of towns, may exercise the same powers conferred upon the corporate authorities of cities of the first and of the second class under this chapter. ['96, pp. 146–7.

1370. Id. Directors. Terms. Powers. At the same election that any city of the third class or any town shall vote on the proposition to levy a tax and to establish a free public library, there may be elected a library board of six directors, one-third for two years, one-third for four years, one-third for six

years; and biennially thereafter there shall be elected two directors, who shall hold office for two years, and until their successors are elected and qualified; which board shall have the same powers as are by this chapter conferred upon the board of directors of free public libraries in cities of the first and of the second class, and said directors shall receive no compensation. ['96, p. 147.

1371. Voting for tax and directors. When the question of a tax for a library fund shall be submitted as provided in section thirteen hundred and sixty-nine, ballots shall be prepared containing only the words, "for a

mill tax for a free public library, yes-no," and the names of the voters chosen for directors of such free public library; and a special ballot box shall be provided for the reception of such ballots. ['96, p. 147.

TITLE 39.

LIENS.

CHAPTER 1.

MECHANICS' LIENS.

1372. Who may have. Extent. Extent. On what property. Mechanics, materialmen, contractors, subcontractors, builders, and all persons of every class performing labor upon or furnishing materials to be used in the construction, alteration, addition to, or repair, either in whole or in part, of any building, bridge, ditch, flume, aqueduct, tunnel, fence, railroad, wagon road, or other structure or improvement upon land, and also architects, engineers, and artisans who have furnished designs, plats, plans, maps, specifications, drawings, estimates of cost, surveys, or superintendence, or who have rendered other like professional service or bestowed labor in whole or part, describing, illustrating, or superintending such structure or work done or to be done, or in any part connected therewith, shall have a lien upon the property upon which they have rendered service, or performed labor, or furnished materials, for the value of such service rendered, labor done, or materials furnished, by each respectively, whether at the instance of the owner or of any other person acting by his authority or under him as agent, contractor, or otherwise; provided, that a lien or liens shall attach only to such interest as the owner or lessee may have in the real estate. p. 44.

Lien upon personal property for labor, 1404. Wages of employees preferred, when, ?? 85, 13441346. Miner's lien, 1881. Lien of foundrymen, etc., 2 1397.

Statutes giving liens to laborers and mechanics for work and labor are to be liberally construed. Flagstaff Mining Co. v. Cullins, 104 U. S. 176, affirming 2 U. 219. "Persons" referred to in act of 1869 includes corporations. Doane v. Clinton, 2 U. 417. One in possession of land under a contract of purchase is the owner under laws of 1890. Carey-Lombard Lumber Co. v. Partridge, 10 U. 322; 37 P. 572. The right to a mechanic's lien against a leasehold estate is not lost by the purchase of such estate by the lessor, the latter having knowledge of the improvements for which a lien is claimed. The two estates will be preserved from merger, in order to effectuate the lien against the leasehold. Ellis v. Brisacher, 8 U. 108; 29 P. 879.

[C. L. § 3806*; '90, pp. 24-6*; '94,

A mechanic's lien cannot attach to property devoted to a public use. Board of Education v. S. L. Pressed Brick Co., 13 U. 211; 44 P. 709.

Waiver. A lien is not waived by the taking of notes for the amount due in the absence of an express agreement to that effect. Doane v. Clinton, 2 U. 417. It seems that where a party has a claim for a mechanic's lien and there is a controversy about the correctness of a part of the claim, and the party brings an action of debt to settle that part, he waives the right to have that claim adjudged to be rightful, included in the mechanic's lien. Garland v. Bear River Irr. Co., 9 U. 350; 34 P. 368. A corporation files a notice of intention to claim a lien, but cancels the notice and receives part payment; a mortgage is filed, whereupon the corporation files another lien for material, which was commenced to be furnished before the date of filing the mortgage; held, that the lien