Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-08-11
AN ACT
To prevent Unlawful occupancy
of the Public Lands.

Re ii enacted by the Senate and Rouse %
I2a,,s.ssenfof;res of the United States OF Am
erica an Congress Assembled, Ihat an III
closures of any public lands i'll any state OF
Territory of the United States, heretofore o5
to be hereafter made, erected, or coilstr
by any person, party, assoclatlon' VI T.
,,0ration. to any of which land 1ncIudeu
within the Enclosure the person, party, as
sociation. OF corporation making or controilc
80, +ba Enclosure had no claim or color OF
+;f1o made or acquired in good faith, or an
+ asserted right thereto by or under claI1l,
made in good faith with view TO entry
thereof at the proper land ONCE uii Iu lne
general laws of the united oGaUeH "I oNU 80
any such Enclosure was or snala De I9a .i1
are hereby declared to be unlawful, ana tne
maintenance, erection, construction, OF con
troll of any such incloSure is nereDy 1orDt't
| den and prohibited and the assertion Vi
right to the exclusive use and occupancy VI
| any part of the Public lands OF the Onltee
States, in any State, or any OF tne ie!Ii
tories of the United States, without Cit1r 1,o
color of title, or asserted right as above
specified as to inclosure, is likewise declared
! unlawful. and hereby prohibited.
SEC. 2 That it shall be the duty OF the
district attorney of the United States tof
the proper district, on affidavit hIed WIN
him by any citizen of the United STATES
| that section one of this act is being violated
l
with reasonable certainty, not necessarily by
metes and bounds nor by governmental sub
divisions of SURVEYED lands but only so that
the enclosure may be identified, and the per-
sons guilty of the violation as near as may
be, and by description, If the name cannon
on reasonable inquiry be aScerta1ned, TO IN
stitute a civil suit in the proper united
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 con-
| trolling the Enclosure complained OF as de-
| fendants; and jurisdiction Is also hereby
| conferred on any United States district OF
| 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 proceed
| inps in equity, by writ of injunction, to
/ restrain violations of the provisions or TINS
! act; and it shall be sufficient to give the
/ Court jurisdiction if service of original pro-
| cess be had in any civil proceeding on any
| agent or employee having charge or control
| of the Enclosure; and any suit brought I'M
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 Enclosure
shall be found to be unlawful, the Court
| shall make the proper order, judgment or
| decree for the destructisn of the Enclosure,
| in a summary way, unless the Enclosure shall
be removed by the defendant within five
| days after the order of the Court.
| SEC. 8. 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 confeder-
! ate with others to prevent and obstruct any
person from peaceably entering upon or es-
! tablishing a settlement or residence on any
| tract of public land subject to settlement or
entry under the public land laws of the Uni
! ted States, or shall prevent or obstruct free
passage or transit over or through the pub
lie lands: Provided, This section shall not
be held to affect the ri ht 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 T. 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 INSIDE
meanor, and fined IN a sum not exceeding
one thousand dollars and be imprisoned not
| exceeding one year for each offense.
Sec 5. That the President is hereby au-
| thorized to take such measures as shall be
necessary to remove and destroy any unlaw-
full Enclosure of any of said lands, and to
employ civil or military force as may be
necessary for that purpose.
SEC. 6. That where the alleged unlawful
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 Secretary of the Interior
Sec. 7. That nothing herein shall affect
any pending suits to work their discontinue
ance, but as to them hereafter they shall be
| prosecuted and determined under the pro-
| visions of this act.
Approved, February 25th, 1885.