41 
NORTH DAKHOTA. 
NOXIOUS WEEDS. 
Be it enacted by the legislative assembly of the State of North Dakota: 
SEecrion 1. Every person and every corporation shall destroy upon all lands, 
which any such person or corporation shall own or occupy, all weeds of the kind 
known as Canada thistle, cocklebur, mustard, wild oats, French weeds (carena 
fatua!), and Russian cactus (Sobsola Colinapal?), at such time and in such manner 
as shall effectually prevent their bearing seed. Such time and manner of destroying 
such weeds shall be prescribed by the board of county commissioners, and the same 
shall be published at least two weeks in some newspaper in the county, not less 
than two weeks before the time so prescribed: Provided, further, That if there be 
no newspaper published in the county, then written notices of the same shall be 
posted, the same as election notices are posted in lieu of such publications. 
Src. 2. It shall be the duty of the board of county commissioners, at their regular 
meetings in April of each year, to determine the time and manner of destroying such 
noxious weeds and shall cause such decision to be published as provided for in Sec- 
tion 1 of this act. They shall also cause to be mailed to the chairman of each board 
of township supervisors and to every overseer of highways and road supervisor in 
the county a copy of their proceedings. 
Sec. 3. Whenever any individual, firm or corporation, owning or occupying any 
lands within this State, shall neglect or refuse to comply with the provisions of this 
act for more than ten days after the time prescribed by said board of county com- 
missioners, then it shall be the duty of the overseer or road supervisors, as the case 
may be, to proceed forthwith to destroy the same in the manner provided for said 
destruction by the board of county commissioners; it shall also be the duty of such 
overseers or road supervisors to destroy all such noxious weeds that may grow on 
the highways and railroad right-of-ways and school sections and timber culture 
claims of his road district, and for so doing such overseers or road supervisors shall 
have such compensation, payable out of the township treasury or county treasury, 
as the township board of supervisors or board of county commissioners, upon pres- 
entation of his account thereof, verified by oath and specifying by separate items 
the charges on each piece of land shall deem reasonable, and the respective amounts, 
so far as right shall be allowed and paid by the said township board or board of 
county commissioners, and upon this being so allowed the said board of supervisors 
or board of county commissioners shall take proper proceedings in the district court 
of the county in which said land is. To obtain a judgment against each of said 
tracts of land and the owner or owners thereof for the amount expended on said 
lands under this act for the destruction of noxious weeds thereon, to pay the expenses 
of said destruction and all costs that have since accrued under this act and in obtain- 
ing judgment therefor, which judgment shall be declared a first lien on said land 
to be enforced either by judgment sale or as accrued taxes on the lands are ecol- 
lected, at the option of the court. 
(Section 3, as amended. Laws of North Dakota, 1895, p. 120.) 
Src. 4. Whenever any overseer of highways or road supervisors shall neglect or 
refuse to comply with the provisions of this act, after having received notice as 
provided for in section 2 of this act, he shall be subject to a fine of fifty (50) dollars, 
and it is hereby made the duty of the State’s attorney to enforce the provisions of 
this act. 
Sec. 5. That an act entitled, ‘‘An act to prevent the spread of noxious weeds in 
the Territory of Dakota,” General Laws of 1885, Supplement and Chapter 102, Ses- 
sion Laws of 1890, relating to noxious weeds, be and the same is hereby repealed. 
1Avena fatua Wild oats. * Salsola colina Pall. should have been Salsola kali tragus. 
