Show NEW LAND LAW inasmuch as the fl following lowin recently enacted law may affect persons in this territory we give public publicity aty ity to it AN ACT TO PREVENT U UNLAWFUL NI OCCUPANCY OF 01 tuf TUK LANDS be it enacted by the senate and house of representatives of the united states of america in congress assembled that all till in closures of lands in any state or territory of the united states heretofore or to be hereafter made erected or constructed by any person party association or corporation to any of which land included within the inclosure the person party association or corporation making or controlling troll the inclosure had no claim or ili kli color colo of title made or acquired in good faith or an asserted right thereto by or under claim made in good faith with a view to entry en t ile ill thereof til creot at the thie proper land office under the general laws of the united states at the time that any such inclosure was or shall be made are hereby declared to be unlawful and the maintenance or control of any such inclosure is hereby forbidden and prohibited and the assertion of a right to the exclusive use and occupancy of any part of the public lands of tile the united states u n any tate or any of the territories of tile the united states without claim color of title or asserted right as above specified as to inclosure is likewise declared unlawful and hereby prohibited sec see 2 that it shall be the duty of the district attorney ot the united states for the proper district on affidavit filed with him by any citizen of the united hat that section one of this act is being violated showing a description of theland the land with reasonable certainty not necessarily by metes and bounds hor nor by government sub divi of surveyed lands but only so that the inclosure may be identified and the persons guilty of the violation as nearly as may be and by description if the name cannot on reasonable inquiry be ascertained to institute a civil suit in the proper united states district or circuit court or territorial district courtin court inthe the name of the united states and against the parties named or descar described i who shall be in charge of or controlling the inclosure complained of as defendants and und jurisdiction is also hereby conferred coffern d on any united states district or circuit court or territorial rit orial district coart court having jurisdiction over the tile locality where the land or any part thereof shall be situated to hear and determine proceedings aeed ce inequity in by writ of injunction to restrain violations of the provisions f this act and it shall be sufficient to give the court jurisdiction if gervice service of original process be had in any civil pro ro on any agent or ernp employee loyee loyce having charge or control of the inclosure and any suit brought under the provisions of this tills section shall have precedence for hearing and trial over other cases on the civil docket of the court and shall bo be tried and determined at the tile earliest practicable day in any oase ya se if it the tile in inclosure closure shall be found to he be unlawful ili III the court shall make the proper order judgment or decree for the destruction of the inclosure in a summary way unless the inclosure shall be removed by defendant within five days after the order of the court sec see 3 that no person by threats intimidation or by any fencing or inclosing or any other otner lin uin lawful at means shall prevent or obstruct any 1 person perso from peaceably entering upon or estaba establishing lishing a settlement or residence on any tract of oi public land subject to settlement or entry under the public land laws of the united states or shall prevent or obstruct free passage asage or transit over or through a g I 1 1 ta the public lands prodded this section shall not be held to affect the right or title of persons who have gone upon improved or occupied said lands under the land laws of the united states claiming title thereto of in good faith essec 4 that any person violating any of tiie tile provisions hereof whether as owner part owner divner agent or wh who 0 shall aid abet counsel advise or assist in any violation hereof shall be deemed guilty of a misdemeanor and fined III in a am not exceed exceeding inam inar one ono thousand dollars garvand and be imprisoned not exceeding one year rear for each offence offense of fence z bec le 5 that the president Is hereby authorized to take such measures as shail shall be necess necessary arv to remove and dc de stroy any unlawful inclosure of any of said lands an and aud to employ civil or military force as may be necessary f for or that purpose sec see 1 I i that where the alleged unlawful ill iti closure includes less than one hundred and sixty acres of land no suit shall lie brought under tinder the provisions of this act without authority f from roin the secretary of the interior sec see 7 d that til it nothing herein shall affect any pending suits to work their ili ill discontinuance conil nuance but as to them hereafter they shall be prosecuted and determined under the brov provisions isi ons of anis act approved approve february |