Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08

served upon Such commissioner but
that no action has been taken by him.
and it then shall become the duty Of
such sheriff to proceed in all particu-
lars as required of the county commits
sioner by this act.
SEC. 8. If after the complaint of the
existence of Russian thistles and
French weed made according to the
provisions OF Sections 5 and 6 of this
act the commissioner shall have duly
served notice for the destruction of such
thistles and French weed as by this act
required OF him, and if within fifteen
days after completion of notice or pub
LEGATION or posting of notice, as pro-
vlded by Sections 5 and 6 of this
act, (but not earlier than ten
days after the date so fixed as
provided in Section 4 of this act,
as the beginning of the season for
destroying said thistles and French
weeds) the destruction of the thistles
and French weeds on such right of way
or such land has not been completed,
or begun and vigorously prosecuted by
the county commissions as provided in
this act, then the party making such
complaint may serve written notice on
the sheriff of such county, reciting the
fact of such failure to destroy or cause
to be destroyed such thistles and French
weed, and it shall then become the
duty of such sheriff to proceed in all
particulars for the destruction of such
thistles and French weed as required of
the county commissioner by this act.
Sec. 10. If after the complaint of the
existence of Russian thistles and French
weeds according to the provisions of
Section Z of this act, any county COM
missioner shall fail to begin and vigor-
ously prosecute the destruction of such
Russian thistles and French weeds as
by this act required of him within five
days after such complaint has been
made, on any highway, road, way or trail
III public use, concerning which such
SAID complaint has been made, then the
party making such complaint may COM
plain to the sheriff Of such county by
written notice, such notice r%eciting the
fact that due notice has been served
upon such county commissioner, but
that no action has been taken by him,
and it then shall become the duty of
such sheriff to proceed in ali particulars
for the destruction of such thistles and
French weeds as required of the county
commissioner by this act.
SEC. II. It shall be the duty of every
county commissioner in his commits
sloner district TO examine or cause to be
examined all leased lands owned by the
state and all school lands and all broken
lands the title to which yet remains in
the United States, and all fire breaks
which nave been made without warrant
or license on the part of the owner of
the land on which such fire breaks ex.
list, and, if Russian thistles and French
weeds are found on any such lands or
fire breaks, they shall be destroyed un-
der the direction of such county COM
missioner, and he shall certify the ex-
pense thereof by an itemized statement
to the county auditor of such county,
and such county auditor shall at the
meeting Of the board of county commits
sioners as provided in Section 16 of this
act, lay the same before such board, and
such county auditor shall issue his war
rants for. such amount when approved
by such board of county commissioners,
to be paid out of the road fund of such
county, and such expense so certified
shall be a charge upon the state, and
the amount of them shall be withheld
by the county treasurer in his next pay
ment to the state, by remitting to the
state treasurer the itemized vouchers
for such expenses in lieu of the money
withheld; such itemized vouchers shall
be duly certified by the county aud
itor as approved by the board of
county commissioners; provided, that
the county commissioner who shall
discover or be informed that Rus
sian thistles and French weed
exist on any land in his commissioner
district, the title to which land is in
the United States, but which land is
occupied, held or cultivated by any per-
son, shall cause notice to be served on
such person to destroy such thistles and
French weeds in the manner provided
for an owner of land in Section S of this
act. And thereafter such persons shall
be subject to the same obligation as
provided in Section 5 of this act, the
same as if he owned such land, and if he
shall refuse or neglect to destroy such
thistles and French weed, and il such
thistles and French weed are destroyed
by and under the direction of such
county commissioner, then he shall be
assessed with a personal tax for the ex-
penses of SO destroying such thistles
and French weed as provided in Section
16 of this act. Such person shall also
be subject to all the provisions and pen
alties Of Section d of this act.
SEC. IL. Every county commissioner
shall ascertain by inquiry and investi-
cation if Russian thistles and French
weed exist on any highway, road, way
Or trail in public use, or on any part of
such in his commissioner district. If
he shall ascertain that such thistles and
French weed SO exist he shall notify any
overseer or supervisor of highways or
roads, whose highway or road district
lies in whole or in part in any such
commissioner district, and within which
highway or road district any such
thistles and French weed exist on any
such highway, road, way OF trail in pub
lie use, to notify all persons who are
legally required or permitted to work
out any road taxes in that year, that
such work shall be done, so far as
such county commissioner shall deter
mine to be necessary, under the direc-
ton of such overseer or supervisor, in
the destruction of such Russian thistles
and French weed in time and SO
fixed as provided in Section 4 of this
act, and if such persons or any of them
shall fail to SO work out their poll taxes,
then the money which they or any of
them shall pay in lieu of such work,
shall be paid by the officer into whose