Page:United States Statutes at Large Volume 44 Part 1.djvu/1419

 1405 cuzuw 4:.--rz _ Section 1961. Inelomre of or assertion of right to- pnbkc l lush  title.—Al1 lneloenree ot any public lends ln any State or Territory oi the United »B§tes,o_heretotore or to be hereafter ,&l{}£,,€1j€<.¢$ or constructed by any person, party, amciatioa, or eorperadon, to any ot which land lnelnded within the inclesure the perwn, party, awociation, or corporatien  0i' controlling the inclmure had no claim or color et title made, or acquired in good faith, or an neeerted right thereto by or  claim, made in good faith with a vievr to entry th%f at the preper land o®ce under the general laws ot the United Staten at the time any-snch lneloenre was oxzshail he made, are hereby deelared to be unlawful, and the maintenance, erection, construction, or control ot any euch incleenre is hereby forbidden end prohibited; and the e._.·seertionf oi e right to the exclusive uw ‘and—‘0ecnpeney of wan? part of The puhlie lands of the United States in any Statelor any of the Territories ot the United States, without claim, color of title, or asserted right on ebove` speclded as to lnclosure, is likewiw declared unlawful, end prohibitedx (Feb; 25, 1885, c.1—19,,§l.%·_Stat.&1.)". _.  _'  IMZ. Suits for viohmm of ·lnw.—It shall be the duty ot the district nttornej of `the United States for the proper district, · on e$davlt died with him by any citizenot the United States that section 1 ot   chapter is being violated showing a desdiption of the land inclosed with reasonable certainty, not_ necemrfly by metes and menus nor. by. governmental Sube divtnons of surveyed lands, but onli so that the inclosure may` be identEed, and the persons guilty of the violation as nwrly re my he, ind by descrlption,_it the name eau not on Tennbie inquiry he ascertained, to lnetitnte a· civil suit the l proper United States district court, or territorial district court, in thefname ot the United States, and against the partiesb named or &xrihed who shall be in charge of or controlling the ineleenre complained jot as defendants; and jurisdiction le eleo eonterredon any United States district .eonrt or territorinldiurlct eonrthaving jurisdiction over the locality where the land ineloeed, or any part thereof, ehall be situated, to` hear am gtermine ings in equity, by writ of injunction, to neon; violations of the provisions of this chapter;. and it shall be su¤clent to glve the court jurisdiction it eervice of orlginal  had in anycivil proceedlm qnmsy, agent or employee having charge or control ot the lnclosure; and any isnit brought under the provisions of this `section shall Mve  for h&ring and trial over other eases en the dvil docket ot the eonrt, and shall be tried and deterwnined at the edrlim practicable day. In any  if the lnclosnre shall he fennel to be innlawful, the court shall make the l¥l'0§€i’ order, JQGSUGDI. or decree for the destruction ot the inelowre, in a summers; way, · unless the lncloeure shall be ‘ removed by the defendant within ave. days nite? the order of the eonrt. (Feb. 5, 1885, c. 149,- 8 2, % Stat. 321.) 1®§& Obsrndion of settlement on or transit over public lwpds.-——No pexmn, by force, threats, intimidation, or by any fencing or lncloelng, or any other unlawful means, shell preivent or obstruct, or shall combine and eontedernte with othere to prevent or obstruct, any " pereonj éom peaceably entering upon or mablwing a settlement or*‘T&ldenee 6n— any tract or public land subject to settlement or entrj under the public land law; ot the United State!. or shall prevent ¤:1¤o¤u·u¤¢ tree passage or transit over or through the public lands: Pro~ vided, This section ashall not.  held to ndect the rijht or title et persons, who have gone 'upon, lxnproved'. or occupied said la@ nnder the land jews ot the Unltw States, claiming title thereto, in good faith. (Feb. 25. 1885,·e.·149, I 3, H . 1054. Violations of chapter; punishment.--Any person riolating nun of the provisions of this chapter, whether ns owner,
 * Stnt._322.) ~ V _ l `_ ·

YBLIG LAND8  ]72 part owner, or agent, or who ehall aid, abet, counsel, ndvlwr or assist in any violation hereof, shall be deemed guilty pot -a misdemeanor and fined in a sum not exceeding $1,600, or be inzprieoned not exceeding one year, or both, for each or- _fenSe. (Feb. 25,-1885, c. 149,} 4, 23,Stat. 322; Mar. 10, 19Q8, c. 75, 35 Stat; . 2 · · he _ ’ 5 · 1065. Summary removal · of - incloenrm.-—The Prwident is authorized to take such measures ae shall be necesearv to remove and destroy any unlavvtal incloaure ot any ot the pnblic lands mentioned in this chapter, and to employ civil or military force aa -rnay_ be necessary for that pnrpm. (Feb. 25, -1885, c. 149, 5 5, 23 Stat. A o 1066.- Permission of Secretary to sue.-·»-Where the alleged ’nn1awful· inclosure `includesilces than one hundred and sixty teams of land, no, salt shall be brought under the provisions of this chapter without authority frorn the Secretary oi the Interior. (Feb. 25, 1885, ct 1-L9, § 6, 23 Stat. 322.) Chapter f2_6.$-5-ABANDONED MIL1TARY RESERVATIONS. Sec. ‘ I Z' — - · ‘ 1071. Designation for dlaposition. , . . l1072._ Survey or subdivision; 'appraisal, advertisement, and sale; rights -¤_ otnettlers. . .· _ · . ·· _ - · .1_<_[IN3.‘ Appraisal and sale ot iznprovementwor other property on reser- -_ _ vations. ·‘ . · 1074. Disposition on mineral lands. · __ _ ‘ _ _10Z 5. Homestead and desert land laws applicable to reservations in Nei a wade. . · . ‘ · . 1077. Lando opénedto settlement ;‘ preference right of entry. 1078; Effect ot precedlngsection -limited.__. _ E p _1079. Condrrnation of selections by States in lieu ot. schoolracctions; dispoaal of sections. ‘ 1080; Application bt sections. ‘g _ Section, 1071. Designation for disposition.-e\Yhenever,,_ln the _ opinionof the President of the United States, the lands, or any cporuonl or meal, mcmaeo wuxlm are limits or any mmm-; reservation. shall become useless for military purpom, he shall cause the same or so much thereof as he may designate, S to beplaced under the control _·o! the Secretary of the Interior a for disposition as hereinafter provided, and 'ehall cause to be W died with the Secretary ot the lnterlor a_ notice thereof. '(Inly ,§,1884,c.214,$1,`23_Stat.103.)  _ _   a T v  2. Snrvoy or mbdivwon; a.a.pprnis;I,` advertisement, and in his opinion the public interests so, require, cause the lands referred to in section 1071 of this title, or- any wrt thereof, in such reservations, `to be regularly; surveyed, or to be anodi- vided into - tracts or lose than forty acres each, and into town lots,_or either, or both. He shall cause the _ mid lands so sur- veyed and subdivided, and each tract thereof, to be appraised by three competent and disinterested men to be · appointed by {_ him, and who shall, after having each been nrst duly axvorn to a appraise the said lands, `subdiviaions; and. tracts, and __ each ot then: and report their proceeding to the Secretary ot the Interior for his action thereon.` It auch appraleenmentjbe dis· approved, the Secretary of the Interior shall again cause the dsaid laude to beappraised an before provided; and when the fappraieement han been approved he shall cause the said lands, , subdivisions, and lots to be sold at public eale, to the highest bidder for cash, at not less than the appraised value thereoti a nor less than $1.25 per acre, dret having given not less than l sixty daya’ public notice oi the time, place, and terms of sale, llmraediateljr prior to such sale, by publication in at least two newspapers having a general circulation in the county or sec- tion of country where the lands to be sold are sitnate ;. and any ‘ i lands, subdivisionador lots_ remaining unsold may lm reofferc¢l a for sale at any subsequent time in the same manner, at the· discretion of the Secretary of the Interior; and if notsold at
 * 076."G§ranta to municipalities. - ·
 * sale; fights of iettlcraeb-'l`he_ Secretary of the Interior may, it
 * ixnpartially and inithfully execute the trust reposed in them,