THE USE BOOK. 251 



ing on any agent or employee having charge or control of the 

 inclosure ; and any suit brought under 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. 



Summary destrnc- j n any case, if the inclosure shall be found to 



tlon * be unlawful, the court shall make the proper 



order, judgment, or decree for the destruction of the inclosure, 



in a summary way, unless the inclosure shall be removed by 



the defendant within five days after the order of the court. 



[322] SEC. 3. That no person, by force, threats, intimidation, 



or by any fencing or inclosing, or any other 



Obstruction of en- unlawful means, shall prevent or obstruct, 



passage forTiddon. 01 " or sna11 combine and confederate with others 



to prevent or obstruct, any person from peace- 

 ably entering upon or establishing a settlement or residence 

 on any tract of public land subject to settlement or entry 

 under the public lands laws of the United States, or shall pre- 

 vent or obstruct free passage or transit over or through the 

 public lands: I'mridcil, This section shall not be held to af- 

 fect the right or title of persons who have gone upon, improved, 

 or occupied said lands under the land laws of the United States, 

 claiming title thereto, in good faith. 



SEC. 4. a That any person violating any of the provisions hereof, 



whether as owner, part owner, agent, or who 

 IvnaVt 1 ; 1 . slm11 aid abet > counsel, advise, or assist in 



any violation hereof, shall be deemed guilty 

 of a misdemeanor, and fined in a sum not exceeding one thou- 

 sand dollars or be imprisoned not exceeding one year, or both, 

 for each offense. 



SEC. 5. That the President is hereby authorized to take such 



measures as shall be necessary to remove and 

 movffliie" i a fon <l*troy any unlawful inclosure of any of said 



lands, and to employ civil or military force as 

 may be necessary for that purpose. 



SEC. 6. That where the alleged unlawful inclosure includes 



less than one hundred and sixty acres of land. 

 than i6o e acrcL * no Sllit slia11 ^ e Brought under the provisions 



of this act without authority from /the Sec- 

 retary of the Interior. 



a Sec. 4 is here given as amended by act March 10, 1908 (Public, 45), 

 which substituted fine or imprisonment for fine and imprisonment. 



