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gress of May twenty-seventh, nineteen hundred and two, shall be disposed of under the general provisions of the homestead and town-site laws of the United States, and Homestead and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof; and no person shall be permitted to settle upon, occupy, or enter any of said lands, except as prescribed in said proclamation, until after the expiration of sixty days from the time when the same are thereby opened to settlement and entry.
An Act To authorize the sale and disposition of surplus or unallotted
lands of the diminished Colville Indian Reservation, in the State of Washington, and for other purposes.
Sec. 11. That nothing contained in this Act shall prohibit the Secretary of the Interior from reserving from said lands, whether surveyed or unsurveyed, such tracts
Lands reserved for town-site purposes, as in his opinion may be required for town sites. for the future public interests, and he may cause any such reservation, or parts thereof, to be surveyed into blocks and lots of suitable size, and to be appraised and disposed of under such regulations as he may prescribe, and the net proceeds derived from the sale of such lands shall be paid to said Indians, as provided in section six of this Act:
Approved, March 22, 1906 (34 Stat. 80).
An Act To authorize the Secretary of the Interior to sell and dispose
of the surplus unallotted agricultural lands of the Spokane Indian Reservation, Washington, and for other purposes.
SEC. 4. That the Secretary of the Interior is further authorized and directed to reserve and set aside such tracts as he may deem necessary or convenient for town-site purposes, and he may cause any such res- Town sites. ervations to be surveyed into lots and blocks of suitable size and to be appraised and disposed of under such regulations as he may prescribe, and the net proceeds derived from the sale of such lands shall be deposited Deposit of proin the Treasury of the United States to the credit of ceeds. the Indians of the Spokane Reservation.
Approved, May 29, 1908 (35 Stat. 458).
An Act To ratify and amend an agreement with the Indians residing
on the Shoshone or Wind River Indian Reservation in the State of Wyoming and to make appropriations for carrying the same into effect.
UNLAWFUL OCCUPANY OF PUBLIC LANDS.
Act of February 25, 1885-Inclosure of public lands, without title, is un
lawful--Procedure against-PenaltyAct of March 10, 1908-Penalty
An Act To prevent unlawful occupancy of the public lands.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all inclosures of any public lands in any State Inclosure of or Territory of the United States, heretofore or to be out title declared hereafter made, erected, or constructed by any person, unlawful. 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 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 main- Maintenance of tenance, erection, construction, or control of any such in-den. closure 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, righter without and hereby prohibited.
title prohibited. Sec. 2. That it shall be the duty of the District Attor
district attorneys ney of the United States for the proper district, on affi- to institute civil davit filed with him by any citizen of the United States that section one of this Act is being violated, showing 1 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 nearly as may be, and by description, if the name can not on reasonable inquiry be ascertained, to institute a civil suit in the proper United States district 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 defendants; and jurisdiction is also hereby conferred on any United States district or circuit court or territorial district court having jurisdic. Jurisdiction of 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
Settlement and transit not to be
o, the provisions of this Act; and it shall be sufficient to give the court jurisdiction if service of original process be had in any cívil proceeding on any agent or employé having charge or control of the inclosure; and any suit
brought under the provisions of this section shall have
to precedence for hearing and trial over other cases on the have precedence. civil docket of the court, and shall be tried and deter
mined 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 deSummary judg- struction 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.
Sec. 3. That no person by force, threats, intimidation, obstructed. 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 settlement 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.
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, Fine and im- shall be deemed guilty of a misdemeanor, and fined in a prisonment.
sum not exceeding one thousand dollars and be impris
oned not exceeding one year for each offense. Inclosures to be Sec. 5. That the President is hereby authorized to take removed.
such measures as shall be necessary to remove and destroy any unlawful inclosure of any of said lands, and to employ civil or military force as may be necessary for that
purpose. Inclosure of less
SEC. 6. That where the alleged unlawful inclosure inthan 160 acres. cludes 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 not affected.
suits to work their discontinuance, but as to them here-
Approved, February 25, 1885 (23 Stat. 321).
unlawful occupancy of the public lands," approved February
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress asUnlawful occu- sembled, That section four of an Act entitled “An Act to pancy.
* Amended by the act of Mar, 10, 1008.
prevent unlawful occupancy of the public lands," approved February twenty-fifth, eighteen hundred and eighty-five, be, and the same is hereby, amended so as to read as follows:
“ Sec. 4. That any person violating any of the provi- Alternative sions hereof, whether as owner, part owner, or 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."
Approved, March 10, 1908 (35 Stat. 40).