| Show > L AN ACT If i OccupanCy I Unlawful To Prevent JJla of the Public fniids I i and House of I Senate I Be it enacted by the United States of America of the I Representatives erica in Congress Assembled That all in i closures of any public lands in any State or I I Territory of the United States heretofore or I Unted Teritor constructed I to be hereafter made erected or constrcted I association cor I by any person party included I poraSbn to any of which land poratl1 the inclosure the person party association within inclose vthi or corporation making or control sociation cororaton makng ing the inclosue had no claim or color of acquired in good faith oran title made or Verted thereto by or under claim i emerted right D ered rght l in faith with a view to entry good made vew i land office under the thereof at the proper ofce UmtedStates at the time general laws of the Unted It be made Kny such inclosure was or shall any incloe are hereby declared to be unlawful and the construction or con erection constrction maintenance forbid I trol of any such inclosure is hereby and and the assertion of aright den prohibited right to the exclusive use and occupancy United of J the I part of the Public lands of Unted any pat Pblc of the Tern States in any State or any leri tones of the United States without claim f I color of title or asserted right as above 1 specified as to inclosure is likewise declared I j I unlawful and hereby prohibited SEC 2 That it shall be the duty of the of the United States for district attorney Unied distrct ntorey filed with district on affidavit the afdavt fled proper distrct I propr the United States citizen of him by any Uniet ay citzen I i that section one of this act is being violated showing a description of the land inclosed with reasonable certainty not necessarily 1 by I j metes and bounds nor by governmental subdivisions sub-divisions of surveyed lands but only so that I the enclosure may be identified and the persons per-sons guilty of the violation as near as maybe may-be and by description if the name cannot on reasonable inquiry be ascertained to institute f in-stitute a civil iqui the proper United civ States district or circuit court or Territorial district court in the name of the United States and against the parties named or described who shall be in charge of or controlling con-trolling the inclosure complained of as de 1 1 lenuants uuu JUJI < AHJU UJI m m v wj conferred on any United States district or circuit court or Territorial district court having jurisdiction over the locality where the land inclosed or any part thereof shall be situated to hear and determine proceedings proceed-ings in equity by writ of injunction to restrain violations of the provisions of this act and it shall be sufficient to give the Court jurisdiction if service of original process pro-cess be had in any civil proceeding on any agent or employe having charge or control of the inclosure and any suit brought under un-der the provisions of this section shall have precedence for hearing and trial over other cases on the civil docket of the court and shall be tried and determined at the earliest practicable day In any case if the inclosure shall be found to be unlawful the Court shall make the proper order judgment or decree for the destructisn of the inclosure in a summary way unless the inclosure shall be removed by the defendant within five days after the order of the Court SKC 3 That no person by force threats intimidation or by any fencing or inclosing or any other unlawful means shall prevent or obstruct or shall combine and confederate confeder-ate with others to prevent and obstruct any person from peaceably entering upon or establishing es-tablishing a settlement or residence on any tract of public land subject to settlement or entry under the public land laws of the United Uni-ted States or shall prevent or obstruct free passage or transit over or through the public pub-lic lands Provided 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 in good faith SEC 4 That any person violating any of the provisions hereof whether as owner part owner agent or who shall aid abet counsel advise or assist in any violation thereof shall be deemed guilty of a misdemeanor misde-meanor and lined in a sum not exceeding one thousand dollars and bo imprisoned not exceeding one year for each offense SEC 5 That the President is hereby authorized au-thorized to take such measures as shall be necessary to remove and destroy any unlawful unlaw-ful inclosure of any of said lands and to employ civil or military force as may be neccessary for that purpose SEC G That where the alleged unlawful j inclosure includes less than one hundred and sixty acres of land no suit shall be brought under the provisions of this act without authority from the Secietary of the Interior SEC 7 That nothing herein shall affect any pending suits to work their discontinuance discontinu-ance but as to them hereafter they shall be prosecuted and determined under the provisions pro-visions of this act Approved February 25th 1885 |
