The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-04-09
THE PUBLIC LANDS.
They May Not be Stolen or Occupied
Improperly.

An act to prevent unlawful occupancy
of the public lands.
Be It enacted by the Senate and House
Of Representatives of the United States Of
AMERICA in Congress assembled, That all
Enclosures of any public lands
in any State or Territory of
the United States, heretofore or
to be hereafter made, erected or con-
structed by any person, party, associ-
alton or corporation, to any of which
land included within the inclosure the
person, party, association or corpora
ton 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 a view to entry
thereof at the proper land office 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 contYol of any
suchlnclosure is hereby forbidden and
prohibited; and the assertion of a right
TO the exclusive 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, .er asserted rig hit as
above specified as to Enclosure, is
likewise declared unlawful, and hereby
prohibited.
SEC. 2. That it shall be the dEty of
the district attorney of the United
States Tor the proper district. on aft
davIt Sled with him by any citizen of
Che United States that section enc of
this act is being violated showing a des-
cription of the land inclosed with rea-
sonable certainty, not necessarily by
metes and bounds norby governmental
of surveyed lands, but
only SO that the inclosure may be iden-
tilted, and the persons guilty of the vio-
latlon as nearly as may, and by descrip-
ton, II the name cannot on reasonable
inquiry be ascertained, to institute a
civil suit in the proper United States
district ar 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 ser controlling the Enclosure
of as defendants; and iur1s- /
fiction is also hereby conferred on any
United States district or ciresit court or |
territorial district court having iuris- |
fiction over Che locality where the land |
or any part thereof, shall be
to hear and deternaine pro-
'eedingS in equity, by writ of in |
unction, to nestrain violations of the
provisions of this act: and it shall be
to give the court jurisdiction
service of original process be had in
my civil proceeding on any agent or
Employee having charge or control of
he Enclosure; and any suit brought
lnder the provisions of this section shall
lave precedence fer hearing and trial
yer other cases on the civil docket of
he court, and shall be tried and deter
mined st the earliest practicable day. In
ny case if the incfosnre shall be found
o be unlawful, the court shall make the
roper order, judgment, or decree for
he destruction of the Enclosure, in a
way, unless the Enclosure
hall be removed by the defendant
Tithin five days after the order of the
curt.
SEC. 8. That no person. by force,
treats, intimidation, or by any fencing
r inclosfng, or any other unlawful
leans, shall prevent or obstruct, or
1all combine and confederate with !
Tiers to prevent or Obstruct, any per-
IN from peaceably entering upon or
settlement or resi- !
ence on any tract of public
nd subject to settlement or
TRY under the public land laws of the
nited States, or shall prevent or OBJ :
ruct free passage or transit over or
trough the public lands: ProUided,
his section shall not be held to affect
e right or title of persons, who have
'ne upon, improved or occupied said S
nds under the land laws of the United 2
ates, claiming title thereto, in good
it'll. :
SEC. 4. That any person violating any a
the provisions hereof, whether as A
Vner, part owner, agent, or who shall v
d, abet, counsel, advise, or assist in i
" violation hereof, shall be deemed II
lilty of a miSdemeanor. and fined in a n
m not exceeding $1,000 and be i'm
isoned not exceeding one year for
oh offense. 7,
SEC. 5. That the President is hereby l
thorized to take such measures as n
all be necessary to remove and de-
roy any unlawful inclosure of any of
Id lands, and to employ civil or mill :
ry force as may be necessary for that
Lrpose.
SEC. 9. That where the alleged uii-
Yful inclosure includes less than 100
res of land, no suit shall be brought y
der the provisions of this act without :
thority from the Secretary OF the In
rior.
SEC. Z. That nothing herein shall &
ect any pending suits to work their
but as to them hereafter NJ
sy shall be prosecuted and deter
med under the provisions of this
t.
Approved, February 18th. 1885.
Spring and Summer Goods,
Wholesale and retail BUYERS are re-