Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1885-04-11
THE NEW LAND Law.
An Act to Prevent the Unlawfnl
occupancy or Public Lnads.

/ VCC0 V480Oy Va - sAASAA A>ss--~->''
| Col. H. G. DeAhna, the Special
Land Agent of the General Land
Office, has handing the APPEAL
the following for publication, to-
gether with letter from the
Washington authorities requesting
that the law be given the widest
publication in the daily papers.
It is a law of considerable i'm
| portance nd will effect several
land grabbers in the State.
Be it enacted by the Senate and
House Of Representatives Of the
United States of America in Con-
gress assembled, That all in
closures of any public lands in any
State or Territory of the United
States, heretofore or hereafter
made, erected or constructed by
any person, party, association, or
corporation, to any Of which land
included within the enclosure the
person. party, association or cor
poration. making or controlling
the enclosure had no claim or
color of title made or 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 ofice
under the general laws of the
United States at the time any
such enclosure was or shall be
made, are hereby declared to be
unlawful, and the maintenance,
erection, construction or control
of any such Enclosure is hereby
forbidden and prohibited; and the
assertion to the right to the ex-
elusive use and occupancy of any
part of the public lands of the
United States, IN any State or
any of the Territories of United
States without claim, color of
title, or asserted right as above
specified as to enclosure, is like
| wise declared unlawful, and hereby
prohibited.
Sec. 2. That it shall be the
| duty Of the District Attorney of
| the United States for the proper
| district, on affidavit fled with him
by any citizen of the United States
that section one Of this act il be-
ing violated showing q description
Of the land inclosed with reason
| able certainty, not necessarily BY
metes and bounds nor by Govern
| mental sub divisions of surveyed
lands, but only so that the enclos-
ure may be identified, and the
persons guilty Of the violation as
nearly as may be, and by descrip-
ten, if the name cannot on reason
inquiry be ascertained, to institute
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 des-
| cribe1 whs shall be in charge Of or
controlling the inclosure COM
planned of as defendants; and
Jurisdiction is also hereby confer
red on any United States District
or Circuit Court or Territorial Dis
trict Court having jurisdiction
over the locality where the land
inclosed, or any part thereof, shall
be situated, to hear and determine
proceedings in equity, by writ Of
injunction, to retain 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 proceed
ing on any agent or employee hav-
ing charge or control of the in
closure; and any suit brought 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 Enclosure shall be
found to be unlawful, the Court
shall make the proper order, judg-
ment or decree for the destruction
| Of the Enclosure, in a summary way
unless the Enclosure 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 enclosing, or any