PAGE SEVEN THURSDAY. JIJLY 14. 1921 ORDER DECLARING TILLAMOOK may become one of the items for which expenditure may be made dur COUNTY A WEED CONTROL- ing the ensuing year. When such a ING DISTRICT (Continued from Page 6) said described area, the county court shall declare such area a special weed contro district and such weeds noxious within said district, in ac­ cordance with the petition. The court shall, upon declari-g a weed control district, appoint a weed inspector or Inspectors whose duty it shall be to find out if any noxious weeds or plants are being permlttted to grow and to produce bloom or seed within said district or districts contrary to the provi - sions of this act, to serve notices and when necessary to destroy or cut or to supervise the destruction or cutting of the noxious weeds growing or seeding within said ■weed control district. Section 2. The county court shall upon declaring a weed control dis­ trict or districts, cause to be pub­ lished an official notice, descrirbir.g the weed control district dr districts and namng weeds to be destroyed and to be prevented from produeng seed within said districts, same to be published in a newspaper or newspapers, not exceeding three in number, serving the said districts. In two consecutive issues if weekly or two times at intervals of me week if daily or semi-weekly, and, immediately after the last publica­ tion of the official notice, the pro­ visions of the act shall be enforced as hereinafter set forth Section 3. The weed inspector shall have access to the land with­ in said district and shall serve a written notice to any such owner or occupant of said land or, where un­ able to serve in person, shall post in three conspicuous places on said land, where law Is not being com­ plied with, copies of said notice bear ing date of service and posting name of weed or weeds and a statement setting forth that said weeds must be destroyed or prevented from pro­ ducing seed within ten days from the date of notice. Copy of said notice or notices shall be filed with the county court. The person or persons appointed for services, reasonable wages as determined by the county court, for the time actually employed in the performance of duty under the pro­ visions of this act. Section 4. It shall be the duty of any person, firm or corporation own­ ing or occupying land within said district to destroy or to prevent the seeding on said land or on the bait of the highway adjoining said land of any noxious weed within the meaning of this act, in accordance with the declaration of the county court and by the use of the best means at hand and within a time de­ clared reasonable and set by the court, except that no weed declared noxious shall be permitted to pro­ duce seed. Any person, firm or cor­ I poration owning or occupying Jand in said district and permitting noxi­ ous weeds, within the meaning of this act, to grow or to be uncut af­ ter ten days from the serving of the notice shall be subject to a fine of not less than ten ($10) or more I than fifty ($50) dollars for the first I offense and not less than fifty dollars ($50) or more than two hundred and fifty ($250) dollars for eaech subsequent offense. Section 5. If the owner or occu­ pant of said land shall fall or refuse to Immediately destroy or cut said noxious weeds, the county court shall authorize the weed Inspector or such assistants as he may employ to go upon said land or premises or ad­ joining highway and destroy or cut said noxious weeds. The most ef­ fective and most practical method, in the judgment of the inspector and with the least Injury to the land or crops shall be used. Upon the completion of said work the person so appointed and author­ ized by the county court shall file with the county clerk an Itemized statement of the expenses necessar­ ily incurred in the destruction of said weed or weeds, including his own wages as hereinbefore provided verified by his olth, and when said statement is filed with the couni y clerk shall cause the same to be en­ tered upon a lien docket prepared for that purpose, and the amount of said charges and expenses when so docketed shall constitute a first lien upon said lands or premises except as to taxes. If said charges and ex­ penses are not paid and said lion dis­ charged by the owner or occupant of said lands within ninety (90) days from the date said lien is docketed, it shall be the duty of the district attorney of said county to bi’ng suit or action In the name of the county for the foreclosure of said lien; and the lands affected thereby shall be sold under execution for the payment and satisfaction of said lien and for the costs and disburse ments incurred in connection with the prosecution of said suit or action Section 6. If within ten (10) days from the date filing and dock­ eting said lien as provided, in the preceeding section, no objections have been filed thereto, the county court shall pay to the person or per­ sons appointed by the court, as pro­ vided In section 1, out of the gencr- -al funds of the county, the amoun’ of said charges and expenses, and the said lien and the amount there­ of shall thereafter belong to and be recovered by and for the use of the county passing same. Section 7. The county court 3f the several counties of the state of Oregon are hereby authorized to levy a tax and create a fund for the control of weeds on highways and public lands within weed control districts. The amount estimated by the county court as being sufficient for such purposes may be placed in the county budget and after con­ sideration at the meeting held for the purpose of passing upon the tax levy by the voters of the county. fund U created that portion ot be used for weed control on highways within weed control idstrlcts shall be pro-rated am>ng land owners des­ troying weeds eu the highways as provided in' section 4 in accordance with the amount of work done, whether done by the owner or by the weed inspector as provided in section 5 of this act. When in the judgment of county court the destruction weeds is necessary on public lands the work shall be done by or under the supervision of the weed inspector and paid for from the said fund and in the manner usually employed by the county. Section 8. If in the judgment cf the court enforcement of the provi­ sions of this act in any county which has been declared a weed control district seems impracticable or like­ ly to work an injury to the people of the district It may after a hearing declare that such weed control dis­ trict no longer exists. Any special weed control district shall be da dared terminated if a Majority of the Land owners in said district by petition or by public hearing state that they desire such district term­ inated for any or all weeds declared noxious in said district. Any moneys remaining in any fund for weed control shall afisr the termination of the district, be credited to the general fund •it the county. Section 9. Sections 4838, 4840, 4841, 4842, 4843, 4844, 4845, und 4846 of Oregon Laws are hereby rc- Following is portion of old law not amended: 4839. It shall be unlawful for any person, firm or corporation own ing land, or any occupant, lessee or manager of any land ot permit dod­ der, (cuscuta) a parasite on alfal­ fa, to grow on said land. If dodder be found on land of any person, ' firm or corporation, upon said com- ! plaint of any land owner filed with the justice of the peace, said justice of the peace of the district where the land may be situated shall cause a notice to be served upon the own­ er, occupant, lessee or manager, or I any officer of the firm or corporation owning said land, which said notice shall demand that the said dodder be eradicated and the said land be cleared of said dodder within twen­ ty (20) days from the date of said notice. If the terms of said notice be not strictly complied with by the said owner, occupant, lessee or man- ' ager of said land, or by an officer .if the firm or corporation owning said land, then the said owner, mnaagcr, occupant, lessee of said land, or any member of the corporation or firm owning said land, shall be subject to a fine of not less than $10 nor more than $50. for the first offense and not less than $50 nor more than $250 for subsequent offenses, I the said fine to be recovered in a civil action brought in the name of the county in any justice court and when recovered to be put into the common school fund of the district ■s In which such land may be situated. z —----- — 4847. If any person appointed by the county court, as provided in sec­ tlon 4838, shall carelessly or will­ ■ fully neglect any of ... the duties Im­ posed by this act, or violate any of V. CITATION the provisions thereof, he shall be guilty of a misdemeanor, and upon IN THE COUNTY COURT OF THE conviction thereof shall be fined not STATE OF OREGON FOR less than $50 nor more than $150 I TILLAMOOK COUNTY for each offense. 4848. It shall be the duty of all municipal corporations in this state In the matter of the estate having a regularly organized gov­ of ernment with legislative powers to John Larson, deceased, provide for the extermination of Camilla Nielson Reichhardt said noxious weeds described in this and Marie Vilhelmlne Neuman Petitioners and plaintiffs, act, within the limits of such corpor- nton, and any said municipal cor. I vs poration within this state neglecting John A. Nelson, administra­ or refusing to comply with the pro­ tor of the estate of^John visions of this act shall be lable to Larson, deceased, Emma a forfeiture to the county in which Adams. Anna Christine said municipal corporation is situat­ Nenmann, and all persons ed a sum not less than $50 nor more unamed or unknown having than $500, to be recovered against or claiming any Interest in said municipal corporation in a and to the above entitled suit or action maintained by the estate as heirs or distribut­ county in which said municipal cor­ ees. poration is situated. Defendant« 4849. It shall be the duty of said municipal corporation and county To Anna Christine Neumann, »nd authorities in this state to provide all persons unnamed or unknown for the extermination of said nox­ having or claiming any interest ious weeds named and descrirbed in In and to the above entitled estate I this act within the limits of such as heirs or distributees, defend corporation and within such county antB: ____ and any municipal corporaton or any county officer, whose duty it is IN THE NAME OF THE STATE OF OREGON to enforce the provisions of this act You and each of you are hereby neglecting or refusing to comply cited and required to appear in 'he with the provisions of this act. shall County Court of the State of Oregon, be liable to a penalty or forfeiture for the County of Tillamook, at