I 



FOREST SERVICE. 107 



Breaking fences, driving cattle, etc., on inclosed public lands; punishment for; 

 unreserved public lands excepted. 



Sec. 5C. Whoever shall knowiiif^ly and unlawfully break, open, 

 or destroy any gate, fence, hedp;e, or wall inclosing any lands of the 

 United States which, in pursuance of any law. have been reserved or 

 purchased by the United States for any public use; or whoever shall 

 drive any cattle, horses, hogs, or other live stock upon any such lands 

 for the purpose of destroying the grass or trees on said lands, or 

 where they may destroy the said grass or trees; or whoever shall 

 knowingly permit his cattle, horses, hogs, or other live stock to enter 

 through any such inclosure upon any such lands of the United States, 

 where such cattle, horses, hogs or other live stock may or can destroy 

 the grass or trees or other property of the United States on the said 

 lands, shall be fined not more than five hundred dollars, or imprisoned 

 not more than one year, or both : Provided. That nothing in this 

 section shall be construed to apply to unreserved public lands. 



Act March 4, 1009. c. 321, s. 56, 35 Stat. 1099. 



This is a section of "An act to codify, revise, and amend the penal 

 laws of the United States," cited above, incorporating therein the pro- 

 visions of act March .S. 1S75, c. 151. ss. 2, 3. 18 Stat. 481, which sections 

 are expressly repealed by section 341 of this act. 



Injuring or removing survey marks; punishment for. 



Sec. 57. Whoever shall willfully destroy, deface, change, or re- 

 move to another place any section corner, quarter-section comer, 

 or meander post, on any Government line of survey, or shall will- 

 fully cut down any witness tree or any tree blazed to mark the line 

 of a Government survey, or shall willfully deface, change, or remove 

 any monument or bench mark of any Government survey, shall be 

 fined not more than two hundred and fifty dollars, or imprisoned 

 not more than six months, or both. 



Act March 4, 1009, c. 321. s. 57, 35 Stat. 1099. 



This is a section of "An act to codify, revise, and amend the penal 

 laws of the T'nited States," cited above, incorporating therein provisions 

 of act June 10, 1896, c. 398, s. 1, 20 Stat. 343, which provisions are ex- 

 pressly repealed by section 341 of this act. 



ACT rEBRUARY 25. 1885, c. 149. An act to prevent unlawful occupancy of the 

 public lands. (23 Stat. 321.) 



Inclosure of or assertion of right to public lands without title prohibited. 



That all inclosures of any public lands in any State or Territory 

 of the United States, heretofore or to be hereafter made, erected, 

 or constructed bj^ any person, party, association, or corporation, to 

 any of which land included within the inclosure the person, party, 

 association, or corporation making or controlling the inclosure had 

 no claim or color of title made or acquired in good faith, or an as- 

 serted 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 maintenance, erec- 

 tion, construction, or control of any such inclosure is hereby forbid- 

 den and prohibited; and the assertion of a right to the exclusive use 

 and occupancy of anv part of the public lands of the United States 

 in any State or any of the Territories of the United States, without 



