The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1885-04-24
FENCING PUBLIC LANDS
Stringent Law Enacted by Congress
An Act to Prevent Unlawful Occupancy.

An Act to Prevent Unlawful Occupancy. .
Be It enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That all in
closures OF any psblic 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 corpo.
ration, to any Of which land included within
the Enclosure the person, party, association,
or corporation making or controlling the in
closure had no claim or color of title made
or acquired In gooG faith, or an asserted right
thereto BY or under claim, made in good
faith with . view to entry thereof at the
proper land-office under the general laws of
the United States at the time that any such
Enclosure was or shall be made, are hereby
declared unlawful, and the maintenance,
erection, construction, or control Of any such
Enclosure Is hereby forbidden and prohibit.
cd; AMI the assertion of right to the exclu-
sive use and occupancy Of any part Of the
public lands of the United States in any
State or In any Of the Territories Of the Uni
ted States, without claim, color or title, or
asserted right IS above specified as to inclos-
ure, Is likewise declared unlawful, and here
by prohibited.
SEC. 2. That 1t shall be the duty OF the
District Attorney Of the United States for
the proper district, on affidavit filed with him
by any citizen Of the United States that sec
ton one Of this act Is being violated, showing
. description of the land Enclosed with res-
sonable certainty, not necessarily by metes
and bounds nor by government sub. divis-
ions Of surveyed lands, but only SO that the
inclosurs may be identified, and the persons
guilty Of the violation as nearly as may be,
and by description, II the name cannot on
reasonably inquiry be sscertained, to inst-
tute civil suit In the proper United States
District or Circuit Court, or Territorial dis
trict court, in the name Of the United States
and against the parties named or described,
who shall be in charge OF or controlling the
Enclosure complained of, as defendants; and
jurisdiction 10 also hereby conferred on any
United States District or Circuit Court, or
Territorial District Court having Jurisdiction
over the locality where the land Enclosed, or
any part thereof, shall be situated, to hear
and determine proceedings in equity, by writ
of injunction, to restrain violations Of the
provisions of this act; and II shall be suffi-
cient to give the court jurisdiction If the ser
vice Of the original process be had in any
civil proceeding on any agent or employee
having charge or control of the Enclosure; and
any suit brought under the provisions Of
this section shall have precedence for hear
ing and trial over other cases on the civil
determined at the earliest practicable day.
In any case, II the Enclosure shall be found
to be unlawful, the court shall mako the
proper order, judgment, or decree for the
destruction of the Enclosure, In q summary
way, anless the Enclosure shall be removed
by defendant within five days after the order
of the court. =.
Sec. 8. That no person, by threats, in
timIdstion, or by any fencing or inclosing,
or any other unlawful means, shall prevent
or obstruct, any person from psaceably en-
tering upon or establishing = settlement or
residence on any tract of public land subject
to settlement or entry under the public land
laws Of the United States, or shall prevent or
obstruct free passage or transit over or
through the public lands: Provided, This
section shall not be held to affect the right
Or title Of persons, who have gone upon, i'm.
proved 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 IS owner, part
owner, agent, or who shall aiG, abet, coun-
sci, advise, or assist In any violation hereof,
shall be deemed guilty of q misdemeanor,
and fined In sum not exceeding one thou,-
aud dollars and be imprisoned not exceeding
one year for each offense.
SEC. 8. That the President 10 hereby au-
to take such measures IS shall be
necessary to remove and destroy any unlaw-
full Enclosure Of any of said lands, and to en-
ploy civil or military force as may be neces-
sary for that purpose.
SEC. 9. That whore the alleged unlawful
Enclosure includes less than one hundred
md sixty acrss Of land, no suit shall be
brought under the provisions Of this act
without authority from the Secretary of the
Interior.
SEC. 7. That nothing herein shall affect
my pending suits to work their discoutin.
lance, but As to them hereafter they shall
70 prosecuted and determined under the
of this act.
Approved, February 25, 1883.