, 1885-05-05

q uSbio ihhdn ~ ptfSouh 10 hHOm tue SET
rotary Of the interior and the COMM,
ioner had decided to be entitled tn tn
patent.
OCCUPANCY or PUBLIC LANDS
We have once before furnished on
readers with a synopsis of the act passe,
by congress in February last, in regard I,
the unlawful occupancy of the public lands
and at general request we publish the full
text Of the law as follows
Be 1t enacted. that all enclosures Of AM
public lands in any state or territory o
the United States, heretofore or hereafter
made, erected or constructed, by any per
son, party, association or corporation, t.
any of which land included within the in.
closure the person. party, ASSOCIATION, OF
corporation making or controlling the in
closure had no claim or color Of the title
made and acquired in good 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
NAS h@hNAaA laWo vi NlG 0nlltu Dldtt- III
the time any such Enclosure was or shall
be made, are hereby declared to be un-
lawful, and the maintenance, erection.
construction or control of any such inclos-
ure is hereby forbidden and prohibited;
and the assertion of a right to the exclu-
sive use and occupancy Of any part of the
public lands Of the United States in any
state or territories of United States, with
out claim, color of title, or inserted right as
above specified as to Enclosure, is likewise
declared unlawful and prohibited.
See .. That it 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 section one of this act is being
violated, showing a description Of theland
inclosed with reasonable certainty, not
necessarily by metes or bounds nor by gov
ernmental subdivisions ofsurveyed 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 cannst on rea-
sonable inquiry be assertained, to insti-
tute a civil suit in the proper United
States district or circuit court, or territor-
ial district court in the name 0 fthe United
States, and against the parties named or
described who shall be in charge of or con.
troll the ~inclosure complained Of as defen-
dauts; and jurisdiction is also hereby con-
feIred on any United States district court
or territorial district court having jurisdic
ton over the district where the land in
closed, or any part thereofsha be situated,
to hear and decide proceedings by 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 be had in any
civil proceedings on any agent or einploye
having charge or control ofthe Enclosure;
and any suit brought under the provisions
of this section shall have precedence for
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 ;n~closure shall be found to
be unlawful, the court shall make the
proper order, judgement or decree for the
destruction of the Enclosure in a
way, unless the Enclosure shall be removed
by the defendant within five days after the
order of the court.
Sec. 3. That no person. by force. threats
intimidation, or by any fencing or in
closing, or other unlawful means, shall
prevent OF obstruct, or shall combine and
confederate with others to prevent or
obstruct any person from peaceably enter
ing upon or establishing a settlement or
residence upon any tract of public land
subject to settlement or entry under the
public land laws of the United States. OF
shall prevent or obstruct free transit OF
passage oveI orthrough the public lands.
Prorided. 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 tn,
United States, claiming title thereto il
mood ea;,b
c. w..
Ccc. =. lHhJ any ptInOu NlOidllnB any
oil provisions hereof, whether as owner
part owner, agent, or who shall aid, abet,
council. advise or assist in any violation
beraof shall he deemed r,;I,y Of a mic
p,