250 THE USE BOOK. 



FENCE LAW. 



ACT OF FEB. 25, 1885 (23 STAT., 321), AS AMENDED BY ACT OF 

 MARCH 10, 1908 (Public, 45.) 



[321] SEC. 1. That all inclosures of any public lands in any 



State or Territory of the United States, here- 



Inelosure of public tofore or to be hereafter made, erected, or 



forbidden. * constructed by any person, party, association, 



or corporation, to any of which land included 

 within the inclosure the person, party, association, or corpora- 

 tion making or controlling the inclosure 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 inclosure was or shall 

 be made, are hereby declared to be unlawful, and the mainte- 

 nance, erection, construction, or control of any such inclosure 



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 the 

 United States, without claim, 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 for the proper district, on 

 Tit ly a*ny citizen, affidavit filed with him by any citizen of the 



United States that section one of this act is 

 being violated, showing a description of the land inclosed with 

 reasonable certainty, not necessarily by metes and bounds nor 

 by governmental subdivisions of surveyed lands, but only so 

 that the inclosure may be identified, and the persons guilty 

 of the violation, as nearly as may be, and by description, if 

 the name can not on reasonable inquiry be ascertained, to in- 

 stitute a civil suit in the proper United States district or cir- 

 cuit 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 defendants; and jurisdiction is also hereby conferred on 

 any United States district or circuit court, or Territorial district 

 court, having jurisdiction over the locality where the land in- 

 closed, or any part thereof, shall be situated, to hear and deter- 

 mine proceedings in equity, by writ of injunction, to restrain 

 Injunction. violations of the provisions of this act; and 



it shall be sufficient to give the court juris- 

 diction if service of original process be had in any civil proceed- 



