TEESPASSES MISCELLANEOUS. 107 



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. 



Obstruction forbidden. 



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, any 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. 



Criminal action. 



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

 whether as owner, part owner, agent, or who shall 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 thousand dollars 

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

 (As amended by act Mar. 10, 1908, 35 Stat., 40.) 



Removal by force. 



Sec. 5. That the President is hereby authorized to take such meas- 

 ures as shall be necessary to remove and destroy any unlawful in- 

 closure of any of said lands, and to employ civil or military force as 

 may be necessary for that purpose. 



Inclosures of less than 160 acres. 



Sec. 6. That where the alleged unlawful inclosure includes less 

 than one hundred and sixty acres of land, no suit shall be brought 

 under the provisions of this act without authority from the Secretary 

 of the Interior. 



Pending suits. 



Sec. 7. That nothing herein shall affect any pending suits to work 

 their discontinuance, but as to them hereafter they shall be prose- 

 cuted and determined under the provisions of this act. 



Criminal Code of March 4, 1909 (36 Stat., 1088). 

 Destruction of Government telephone line or property. 



Sec. 60. Whoever shall willfully or maliciously injure or destroy 

 any of the works, property, or material of any telegraph, telephone, 

 or cable line, or system, operated or controlled by the United States, 

 whether constructed or in process of construction, or shall willfully 

 or maliciously interfere in any way with the working or use of any 

 such line, or system, or shall willfully or maliciously obstruct, hinder, 

 or delay the transmission of any communication over any such line, 

 or system, shall be fined not more than one thousand dollars, or im- 

 prisoned not more than three years, or both. 



