for the time therein specified and shall immediately become invested with said right, privilege and easement aforesaid.

§ 2. AMENDMENT.] That Section 3119 of the Compiled Laws of the State of North Dakota for 1913 be amended and re-enacted to read as follows:

§ 3119. COMPENSATION. NOTICE TO APPLICANT.] The application provided in section 3118 shall also state the amount the applicant deems a reasonable compensation for the right, privilege and easement he desires to acquire, and after the same is tendered and in case the sum tendered is not accepted and the parties cannot agree upon the amount to pay for such right, privilege and easement, the same shall be ascertained, assessed and determined by proceedings in the district court of the county in which the station or siding at which the right, privilege and easement sought is situated, which court is hereby given full jurisdiction in the premises and shall at all times be deemed open and in session for the purpose of this article. It shall be the duty of any person, firm or corporation to whom application is made for the right to erect and maintain an elevator or warehouse under the provisions of this article to within ten days after the receipt of said application notify said applicant in writing of the acceptance or rejection of the amount stated in said application to be reasonable compensation for the right, privilege and easement sought to be acquired, and in case said person, firm or corporation fails to notify the applicant within said ten days, said person, firm or corporation shall be deemed to have accepted said amount, but regardless of whether it is accepted or not, the applicant for said site shall be deemed to have acquired the right, privilege and easement asked for.

§ 3. AMENDMENT.] That Section 3120 of the Compiled Laws of the State of North Dakota for 1913, is hereby amended and reenacted to read as follows:

§ 3120. PROCEDURE IN DISTRICT COURT.] Proceedings in district court shall be instituted and carried on as follows: The person, firm or corporation to whom application is made for the right to maintain and operate an elevator or warehouse aforesaid, shall present to and file with the district court a petition in writing and under oath, specifying and describing the right, privilege and easement sought and attained and the time for which the same was sought and attained, and the facts that the parties to the proceedings are unable to agree upon the amount of the compensation therefor. A copy of the application for such privilege shall be attached to said petition and thereupon it shall at once be the duty of the court, by its order in writing, to fix upon a place and a time not more than twenty days thereafter where and when the court will try, ascertain, assess and determine the amount of such compensation; a certified copy of which order at least twenty days before the time so fixed shall be served upon the party who sought and attained the right, privilege and easement, as summons are

served in civil actions of said court, and such service when made shall be ample notice to and summons for the party so served to appear and join in the proceedings and shall be ample to give the court full jurisdiction over the party against whom the proceedings are instituted and the property involved in the proceedings.

§ 4. AMENDMENT.] That Section 3121 of the Compiled Laws of North Dakota for 1913, is hereby amended and re-enacted to read as follows:

§ 3121. TRIAL. ELECTION OF GROSS SUM OR ANNUAL RENTAL.] At the time and place so fixed for ascertaining, assessing and determining the compensation aforesaid, the court shall immediately proceed to try said matter, without a jury, if the parties consent, and if they do not consent and if the time and place fixed for said hearing is at a general or special term of said court where a petit jury has been summoned, the court shall proceed to a hearing of such matter with a jury selected and sworn from the panel present at such term, in the same manner as jurors are selected in civil actions, and if the regular panel is exhausted before a jury is secured, talesmen may be summoned. In case said proceedings are made returnable at any other time than at a term where a petit jury shall have been summoned, the court shall make an order requiring the selection of twenty-four jurors from those returned by the county commissioners, which jury shall be drawn and selected in the same manner as provided by law for the drawing of jurors for general terms of the district court, and from the jurors so returned a jury shall be selected the same as in civil actions and the trial shall proceed after the manner of trials in civil actions, and the court or jury, as the case may be, shall find and assess compensation both in the form of an annual rental and in the form of a gross sum for the right, privilege and easement. sought, and immediately after the finding or verdict has been made the party against whom the proceedings have been taken shall elect whether to receive the annual rental or the gross sum found, and in case such election is not made by this party, then the other party to the proceedings may make such election, and after election is made as aforesaid, judgment shall be rendered adjudging, among other things that upon payment of the gross sum found or the annual rental found, yearly in advance, as the case may be, the party in whose favor said judgment is rendered shall be entitled to a writ of execution in proper form to immediately invest such party with the right, privilege and easement aforesaid.

5. AMENDMENT.] That Section 3122 of the Compiled Laws of North Dakota for 1913, is hereby amended and re-enacted to read as follows:

§ 3122. FORFEITURE. APPEAL. COSTS.] In case the annual rental is elected the same shall be paid, yearly in advance, and if not so paid after thirty days default the right, privilege and easment aforesaid shall be absolutely forfeited. Within thirty days after the entry of said judgment as herein before provided,

but not later, an appeal may be taken by either party to the supreme court, but such appeal shall not stay or hinder the use or enjoyment to the fullest extent of the right, privilege and easement asked for by the petition conferred by the judgment, if the party instituting the proceedings shall make and file a bond with sureties, to be approved by the court, in an amount double the gross sum or annual rental, conditioned to pay such sum or rental and to abide and satisfy any judgment the supreme court may render in the premises. Costs and disbursements as in civil actions shall, in each court, be paid by the unsuccessful party. If the finding of the court or jury is for a less or the same amount as tendered by the applicant before the person, firm or corporation owning, leasing or operating the railway at such station or siding instituted the proceedings, then the applicant shall be deemed the successful party, but if the amount found is larger than the sum tendered, then the person, firm or corporation owning, leasing or controlling said railway at such station or siding shall be deemed to be the successful party. In the Supreme Court, if the judgment or order appealed from is reversed or modified, the appellant shall be deemed the successful party; but if the judgment or order appealed from is affirmed, the respondent shall be deemed the successful party.

§3118 B. PENALTY.] If the person, firm or corporation owning, leasing or operating the railway at such station or siding either directly or indirectly, by any agent, servant or attorney interferes with the construction or operation of said warehouse or elevator upon said selected site, or refuses to render the service necessary for the proper maintenance and operation of said elevator or warehouse as asked for in the application and petition aforesaid, they shall be deemed guilty of a misdemeanor. Approved March 9, 1917.

WEEDS

CHAPTER 252.

[S. B. No. 239-Welford.]

COMMISSIONERS OF NOXIOUS WEEDS.

An Act to Amend and Re-enact Sections 624 and 627 of the Compiled Laws of North Dakota for the year 1913, Relating to the Commissioner of Noxious Weeds.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. That Section 624 of the Compiled Laws of North Dakota for the year 1913 is hereby amended and re-enacted to read as follows:

§ 624. WEED COMMISSIONERS; HOW APPOINTED.] Whenever the board of county commissioners of any county is petitioned by

at least one sixth of the voters in such county, said board shall appoint some competent person in each commissioner's district of said county, who shall be styled commissioner of noxious weeds, who shall take the oath required of county officers and shall hold his office for the term of one year, and until his successor is appointed and qualified. Each such commissioner shall receive for compensation the sum of four dollars per day for each day necessarily spent in the performance of his duties, and mileage at the rate of five cents per mile for each mile necessarily traveled. The board of county commissioners may at any time for good cause remove any weed commissioner from office and appoint a successor to serve the remaining portion of his time, and it shall be the duty of said board of county commissioners to strictly enforce all of the provisions of Article 28 of Chapter 5 of the Political Code of the Compiled Laws of 1913.

And all the powers and duties of the township supervisors, city council or board of trustees of any town or village, in said Article 28 are hereby transferred and made part of the duties and powers of the county commissioners of each county.

§ 2. That Section 627 of the Compiled Laws of North Dakota for the year 1913 is hereby amended to read as follows:

§ 627. It shall be the duty of the board of county commissioners to pay out of the general fund the salary and mileage of the commissioners of noxious weeds, and all expenses and disbursements incurred under the provisions of Article 28 of Chapter 5 of the Political Code of said Compiled Laws, upon verified vouchers duly audited and approved.

And the board of county commissioners in each county may appropriate and set aside a sum not exceeding twenty-five hundred dollars in each year, or so much thereof as is necessary to pay the salaries and expenses of the commissioners of noxious weeds; and the board is authorized to levy a sufficient tax on all taxable property for such purpose.

Approved March 8, 1917.

WOLVES

CHAPTER 253.

[S. B. No. 198-Rowe.]

DESTRUCTION OF WOLVES.

An Act to Enable the North Dakota Agricultural Experiment Station to Devise, Demonstrate and Put in Operation Methods for the Destruction of Wolves, Coyotes, and other Noxious Predatory Animals; to make Appropriation Therefor; and Repealing Sections 2645, 2646, 2647, 2648, 2649, 2650, 2651, 2652, 2653, 2654, 2655 and 2656 of the Compiled Laws of North Dakota for 1913, together with all Acts or Parts of Acts in Conflict Herewith.

PARTIAL VETO.

Bismarck, North Dakota, March 17, 1917.

To the Honorable Secretary of State:

I file herewith Senate Bill No. 198, an Act to enable the North Dakota Agricultural Experiment Station to devise, demonstrate and put in operation methods for the destruction of wolves, coyotes, and other noxious predatory animals; to make appropriation therefor; and repealing Sections 2645, 2646, 2647, 2648, 2649, 2650, 2651, 2652, 2653, 2654, 2655 and 2656 of the Compiled Laws of North Dakota for 1813, together with all Acts or parts of Acts in conflict herewith, with my approval except the provision of $10,000 provided for in Section 3.

This item is vetoed for the reason that the appropriations of the Legislature greatly exceed the available income. Very respectfully yours, LYNN J. FRAZIER, Governor.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. AGRICULTURAL EXPERIMENT STATION TO DEVISE AND DEMONSTRATE METHODS FOR CONTROL OF NOXIOUS PREDATORY ANIMALS.] The North Dakota Agricultural Experiment Station through the director thereof shall devise and demonstrate where needed, methods for the destruction of wolves, coyotes and other noxious predatory animals preying on live stock. In carrying out the provisions of this Act the agents employed may in pursuance of their assigned duties, trap, shoot, poison or use such other methods as may be advisable. When poison is to be distributed or used in a campaign of extermination, notice of the same shall be given through a local newspaper published in the county where said work is to be carried on ten days prior to the commencement of said work