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

owned or occupied by him, who shall
fail or refuse to destroy the same within
the time required by the notice served
on him, in accordance with the pro-
visions of this act, shall be deemed
guilty of a violation Of the provisions
OF this act, and when convicted thereof,
shall be subject to a fine of not less
than five dollars (s5) nor more than ten
lSlO) dollars and costs of prosecution.
Upon complaint OF any owner or occupant
Of any land or of any citizen of the com
missioner district in which the land
owned or occupied by the party SO mott
fed lies, it shall be the duty of the
states attorney of such county, if such
complaint seems to be reasonable, to
prosecute the party complained of, for
such failure or refusal, and the penalty
imposed, if any, shall be paid to the
party making such complaint.
Sec. Il. To the end that the propa-
cation and spread of Russian thistles
and French weed may to that extent be
prevented and for the purpose of this
act, it is hereby enacted that any owner
or occupant of any cultivated land
which is free from Russian thistles and
French weed, who shall know or be in
formed of the existence of any Russian
thistles or French weed on cultivated
land within two miles of, and being the
nearest cultivated lands on which Rus
sian thistles or French weed exist to
the lands which he owns or occupies,
and who shall believe from the exist
ence OF such thistles or French weed that
there is danger that the cultivatedlands
SO occupied and owned by him will be
seeded from such thistles and French
weed if they should go to seed, may
serve a written notice On the owner or
occupant of the cultivated land on
which such thistles and French weed
exist, or if no such service can be had,
then by posting such notice %conspicu-
ously on such cultivated land, warming
such owner or occupant to destroy such
thlstles and French weed before they or
any OF them shall go to seed, and that
otherwise he shall hold him responsible
for any damages which in the ensuing
season may result to the land which he
owns or occupies therefrom. And if
IN such ensuing season Russian thistles
ana French weed be found on the lands
owned or occupied by the party who
mas given such notice, then failure or
neglect on the part of the owner or oc-
cupant on whom such notice is served,
to destroy such thistles and French
weed and all of them, before they or
any of them shall have gone to seed,
shall be prima facie evidence that such
thistles and French weed found on such
lands in such ensuing season, have come
from seeds produced on the lands owned
and occupied by the parties SO notified,
and he shall be liable for damages ac.
cordingly. And inasmuch as damages
of this nature must be exceedingly diff
cult to determine. the minimum of Such
damages is hereby declared to be
twenty five (25) cents for each square
acre of the land occupied by the party
who has served such notice, on which
any Russian thistles and French weed
may be found in such ensuing season.
Sec. IS. Whenever any county COM
missioner or any sheriff shall neglect or
refuse to comply with the provisions of
this act within five (5) days after having
received = notice as provided in Sections
5, g. Z, 8, 9 and 10 of this act, he shall be
subject to a fine Of fifty dollars $500;
and it is hereby made the duty of the
states attorneys of the several counties
to enforce the provisions of this act.
Sec. 16. On the first Wednesday of
November in each year the board of
county commissioners of every county
in which Russian thistles and French
weeds have been destroyed, under the
provisions Of this act, shall hold a ses-
sion at their usual place of meeting for
the purpose of levying an assessment
against the lands upon which such this
ties and French weeds have been de-
stroyed, and upon any railroad company
operating any line of railroad in the
state, upon the right of way of which
line within such county such Russian
thistles and French weeds have been de-
stroyed, and a personal tax upon every
person who in that year has occupied.
held or cultivated any land the title to
which is in the United States, upon
which land any such thistles and French
weeds have been destroyed in accord
ance with this act; and it shall be the
duty of every person and corporation
chargeable with the duty Of destroying
Russian thistles and French weeds upon
any land or right of way within such
county, to appear before such board at
such time and place and show cause if
any there be, why any such land orsuch
railroad company should not be as.
sessed. 1t shall be the duty of the
county auditor to present at such time
and place a report showing the expenses
incurred or made necessary in the de-
struction of Russian thistles and French
weeds upon each tract of land, upon
each right of way, and upon all high
ways, roads, ways and trails in public use
in such county. And after the board of
county commissioners shall have heard
and duly considered all objections to
the levy of all and any such assessments
it shall be their duty to levy an assess.
ment against every tract of land and
upon every railroad company and upon
every person for the amount which may
be justly due on account of such ex-
penses; and such assessments shall
thereupon be extended upon the tax
roll for such year as a special assess
ment against such land or railroad COM
pany, and the amount Of such assess
ments shall become due at the same
time, and be subject to the same penal
ties and interest and shall be collected
in the same name as other real and
personal taxes. And the proceeds of
such assessment so levied shall be paid
into the credit of the road fund of such
county when collected.
SEC. II. The county auditor of each
county shall, at the time of making the
annual assessment and the levy of taxes,
for the nurnOceo IF thio oof low, , 49,,