The Florida agriculturist., 1885-04-22
THE FLORIDA AGRICULTUR1sT.

any part of the public lands of the Unit
ed States in any State or in any of the
Territories of tie United States without
claim, color, or title, or asserted right as
above specified as to inclosure, is like
wise declared unlawful, and is hereby
prohibited.
SEC. 2. 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 Sec. ] of this act is being violated,
showing description of the land inclosed
with reasonable certainty, not necessar-
lily by metes and bounds, nor by Govern
ment subdivisions of surveyed lands, but
only so that the inclosure may be- identi-
fed, and the person guilty OF the viola
ton as nearly as may be, and by descrip-
ton, if the name cannot on reasonable
be ascertained, to institute a civil suit in
the proper United States district or cir
cult 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
the inclosure complained of, as defend
ents; and jurisdiction is also hereby con-
ferred on any United States district or
circuit court, or Territorial district court,
having jurisdiction over the locality
where the land inclosed, or an part there
of, shall be situated, to hear and deter
mine proceedings i'll equity, by writ of
Injunction, to restrain violations CT 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 proceeding on any agent or employe
having charge or control of the inclos-
ure; and any suit brought under the pro-
visions of this section shall have preced-
ence for learning and trial over other
cases on the civil docket of the court and
shall be tried and determined at the ear
liest practicable day. In any case, if the
inclosure shall be found to be unlawful,
the court shall make the proper order,
judgement or decree, for the destruction
of the inclosure, i'll a summary way, un-
less the inclosure shall be removed by
the defendant within five days after the
order of the court.
Sec. 3. That no person, by force or
threats, or intimidation, or by any fenc-
ing or inclosing, or any other unlawful
means, shall prevent OF obstruct, or
shall confereate with others to prevent
and obstruct any person from peaceably
entering upon, or establishing a settle
ment or residence on any tract of public
land subject to settlement or entry under
the public landlaw 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 OF title OF per-
sons, who have gone upon, improved or
occupied the said lands under the laws
of the United States, claiming title there
to in good faith.
SEC. i. That any person violating any
OF the provisions hereof, whether as own
er, or part owner, OF agent, or who shall
aid abet, counsel, advise, or assist in
any violation hereof, shall be deemed
guilty of misdemeanor, and fined
sum not exceeding 81 900, and be impris-
oned not to exceed one year, for each Of
fence.
Sec. ). That the President is hereby
authorized to take such measures as shall
be necessary to remove and destroy any
unlawful inclosure of any of said lands,
and to employ such civil or military force
as may be necessary for that purpose.
Sec. 6. That where the alleged unlaw-
ful inclosure include less than 100 acres
OF land, no suit shall be brought under
the provisions of this act without author
ity from the Secretary of the Interior.
SEC. Z. That nothing herein shall af-
feet any pending suits to work their dis
continuance, but as to them hereafter
they shall be prosecuted and determined
under the provisions of This act.
Approved February is, 1885.
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