108 LAWS APPLICABLE TO DEPARTMENT OF AGBICULTUEE. 



claim, color of title, or asserted right as above specified as to in- 

 closure, is likewise declared unlawful, and hereby prohibited. 



Act February 25, 1SS5, c. 149, s. 1, 23 Stat. 321. 

 Suits for violations of preceding section. 



Sec. 2. That it shall be the duty of the district attorney of the 

 United States for the proper district, on 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 

 sub-divisions of surveyed lands, but only so that the inclosure may be 

 identified, and the persons guilty of the violation as nearlj'^ as may 

 be, and by descrijDtion, if the name cannot on reasonable inquiry be 

 ascertained, to institute a civil suit in the proper United States dis- 

 trict or 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 or controlling the inclosure complained of as defend- 

 ants; and jurisdiction is also hereby conferred on any United States 

 district or circuit court or territorial district court having jurisdic- 

 tion over the locality where the land inclosed, or any part thereof, 

 shall be situated, to hear and determine proceedings in equity, by 

 writ of injunction, to restrain violations of the provisions of this act; 

 and it shall be sufficient to give the court jurisdiction if sendee of 

 original process be had in any civil proceeding on any agent or em- 

 ployee 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. 

 In any case if the inclosure shall be found to 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 re- 

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



Act February 25, 1885, c. 149, s. 2, 23 Stat. 321. 

 Obstruction of settlement on or transit over public lands prohibited. 



Sec. 3. That no person, by force, threats, intimidation, or by any 

 fencing or inclosing, or any other unlawful means, shall prevent or 

 obstruct, or shall combine and confederate with others to prevent or 

 obstruct, an)^ person from peaceably entering upon or establishing a 

 settlement or residence on any tract of public land subject to settle- 

 ment or entry under the public land laws of the United States, or 

 shall prevent or obstruct free passage or transit over or through the 

 public lands: Provided^ This section shall not be held to affect 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. 



Act February 25, 1SS5. c. 149, s. 3, 23 Stat. 322. 

 Violations of act; punishment. 



Sec. 4. That any person violating any of the provisions hereof, 

 whether as owner, part owner, or agent, or who shall aid, abet, coun- 

 sel, advise, or assist in any violation hereof, shall be deemed guilty of 

 a misdemeanor and lined in a sum not exceeding one thousand dollars 

 or be imprisoned not exceeding one year, or both, for each offense. 



Act Februarv 25, 1885, c. 149, s. 4, 23 Stat. 322, as amended by act 

 March 10. 1908, c. 75, 35 Stat. 40. 



