45 
missicner shall fail to serve notice for the destruction of such Russian thistles and 
French weeds as by this act required of him, within five days after such complaint 
is made, then the party making such complaint may complain of the existence of 
the Russian thistles and French weeds to the sheriff of such county by written 
notice, and such notice upon the sheriff shall recite the fact that such notice has 
been 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 particulars as required. 
of the county commissioner by this act. 
Sec. 9. If after the complaint of the existence of Russian thistles and French 
weeds made according to the provisions of sections 5 and 6 of this act the commis- 
sioner shall have duly served notice for the destruction of such thistles and French 
- weeds as by this act required of him, and if within fifteen days after completion of 
notice or publication or posting of notice, as provided 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 commissioner 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 weeds, and it 
shall then become the duty of such sheriff to proceed in all particulars for the 
destruction of such thistles and French weeds as required of the county commis- 
sioner by this act. 
Sec. 10. If after the complaint of the existence of Russian thistles and French 
weeds according to the provisions of section 7 of this act, any county commissioner 
shall fail to begin and vigorously prosecute the destruction of such Russian thistles 
and French weeds as by this act required of him within five days after such com- 
plaint has been made, on any highway, road, way or trail in public use, concerning 
which such said complaint has been made, then the party making such complaint 
may complain to the sheriff of such county by written notice, such notice reciting 
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 all particulars for the destruction of such thistles and French weeds 
as required of the county commissioner by this act. 
Sec. 11. It shall be the duty of every county commissioner in his commissioner 
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 have been made without warrant or license on the 
part of the owner of the land on which such fire breaks exist, and, if Russian thistles 
and French weeds are found on any such lands or fire breaks, they shall be destroyed 
under the direction of such county commissioner, and he shall certify the expense 
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 commissioners as pro- 
vided in section 16 of this act, lay the same before such board, and such county auditor 
shall issue his warrants 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, andthe amount of them shall be withheld 
by the county treasurer in his next payment 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 auditor as approved by 
the board of county commissioners; Provided, That the county commissioner who 
shall discover or be informed that Russian thistles and French weeds exist on any 
land on his commissioner’s district, the title to which land is in the United States, 
but which land is occupied, held or cultivated by any person, shall cause notice to be 
served on such person to destroy such thistles and French weeds in the manner pro- 
