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necessary to complete the work. In case the commissioner and the owner, agent or 
occupant of said land can not agree as regards the propriety of the commissioner con- 
trolling such tract or the boundaries of the same, then the commissioner shall pro- 
ceed to stake out or mark such boundaries, as he shall deem proper, and file a copy of 
his decision with the town clerk, or in counties not under township organization, 
with the county clerk. The owner, agent or occupant of the land may, if he feels 
aggrieved, appeal from such decision of the commissioner without bonds, within 
twenty days, to the commissioner of highways of the town, or to the county com- 
missioners, as the case may be, who shall proceed to view the same, and to hear the 
reasons for and against the decision of the commissioner, and a majority of such board 
of appeal shall decide as to the propriety of the tract alleged to be infected, and if 
they decide to take such possession, what shall constitute the boundaries of the same, 
and shall direct said commissjoner to exterminate said thistles, (which are hereby 
declared a public nuisance) without unnecessarily depriving the owner of the land of 
any legitimate use and enjoyment of the same, and the owner or occupant of said 
land shall pay all cost and expense of labor for said examination, which shall not 
exceed the sum of one hundred dollars, for such infected tract in one year, without 
the consent of the supervisor of said town or county commissioners, as the case may 
be, and that the sum so expended shall be a lien upon said tract so infected, and if 
the owner or occupant shall not pay the same to said commissioner on or before the 
first Monday of September of the year the work was performed by the commissioner 
on said contract, the commissioner shall report the same to the board of town aud- 
itors, in towns under township organization, or county commissioners, as the case 
may be, and certify to the same, and that said board of town auditors or county com- 
missioners shall certify to the county clerk the amount so due on each tract, and it 
shall be the duty of the county clerk to cause the amount so returned to be levied on 
the lands as certified by said board of auditors or commissioners, as the case may be, 
and that said amount so certified shall be collected in the same manner that taxes of 
the county are levied and collected, and the same when collected to be paid over to 
the supervisor of the town or towns under township organizations, or to the county 
commissioner as the case may be, who shall pay the same out on the order of the 
commissioner to the parties entitled to the same, for the labor employed in destroy- 
ing the thistles on each tract for which the money was so collected. 
Sec. 4. The commissioner shall apply the best known means, and use the utmost 
diligence, in eradicating the thistles; but he shall not have power to expend in work 
or materials more than one hundred dollars, on any one infected tract, without the 
advice and consent in writing, of the supervisor of the town, or of the county com- 
missioners, as the case may be. 
Sec. 5. It shall be the duty of the commissioner to prosecute or complain to the 
proper authorities of any person or corporation who may violate any law now exist- 
ing, or which may hereafter be passed, on the subject of Canada thistles. 
Sec. 6. The commissioner shall annually, before the first day of November, make 
a written report to the supervisor of the town, or to the county commissioners, as the 
case may be,—which report shall be filed with the town clerk, or, in counties not 
under township organization, with the county clerk. The report made to the super- 
visor shall be publicly read at the annual town meeting. Said report shall state,— 
First. Whether there are or are not any Canada thistles growing in the town or 
precinet. 
Second. If any are growing, where and how many, and when and how introduced. 
Third. A detailed statement of his treatment of each infected tract, with cost and 
result. 
Fourth. He shall report such other matters as may be required of him by the board 
of town auditors, or by the county commissioners. 
Tfth. He shall state his views on their further treatment, and make such sugges- 
tions and recommendations as he may deem proper and useful. 
