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school, park, and other public purposes to the munici

pality legally charged with the care and custody of Payment. lands donated for such purposes. The purchase price

of all town lots sold in town-sites, as hereinafter provided, shall be paid at such time and in such instaliments as the Secretary of the Interior may direct, and he shall cause not more than twenty per centum of the net proceeds arising from such sales to be set apart and expended under his direction in aiding the construction of schoolhouses or other public buildings or in improve

ments within the town-sites in which such lots are Use ol net pro- located. The net proceeds derived from the sale of

such lots and lands within the town-sites as aforesaid, less the amount set aside to aid in the construction of schoolhouses or other public buildings or improvements, shall be credited to the Indians as hereinafter provided.

ceeds.

Approved, May 27, 1910 (36 Stat., 441).

UTAH.

Extract from the Indian appropriation act, approved March 3, 1905 (33

Stat., 1069) --Uintah Indian lands. That the said unallotted lands, excepting such tracts as may have been set aside as national forest reserve, and such minerallands as were disposed of by the act of Congress of May twenty-seventh, nineteen hundred and two, shall

be disposed of under the general provisions of the hometown-site laws.na stead and town-site laws of the United States, 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.

WASHINGTON.

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.

Lands reserved for townsites.

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 for town-site purposes, as in his opinion may be required 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., 82).

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 reserva- Town sites. tions 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 in the Treasury of the United States to the credit of the Indians of coedsos

dit of the Indiana nf Deposit of pro. the Spokane Reservation.

Approved, May 29, 1908 (35 Stat , 459).

WYOMING.

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.

*

lands to entry.

SEC, 2. That the lands ceded to the United States under the said agreement shall be disposed of under the provisions of the homestead, town-site, coal and mineral land laws of the United States and shall be opened to settle-Opening of ment and entry by proclamation of the President of the United States on June fifteenth, nineteen hundred and six, 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, and enter said lands except as prescribed in said proclamation until after the expiration of sixty days from the time when the same are opened to settlement and entry, * * *. .

Lands entered under the town-site, coal, and mineral- Town-site, coal, land laws shall be paid for in amount and manner as pro- tries. vided by said laws.

Approved, March 3, 1905 (33 Stat., 1021),

UNLAWFUL OCCUPANCY OF PUBLIC LANDS.

Page.

389

unlawful.

Act of February 25, 1885 (23 Stat., 321) Inclosure of public

lands, without title, is unlawful-Procedure against-Penalty. 388 Act of March 10, 1908' (35 Stat., 40)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, Inclosure of That all inclosures of any public lands in any State or public lands without title declared Territory of the United States, heretofore or to be here

after made, erected, or constructed by 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 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 Maintenance of declared to be unlawful, and the maintenance, erection, inclosure forbid

construction, or control of any such inclosure 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 Assertion of title, or asserted right as above specified as to inclosure, title prohibited. is likewise declared unlawful, and hereby prohibited.

United States SEC. 2. That it shall be the duty of the District Attorto institute civil ney of the United States for the proper district, on affi

davit 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 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

den,

district attorneys

suits.

courts.

inclosure complained of as defendants; and jurisdiction

is also hereby conferred on any United States district or Jurisdiction of 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

transit not to be

of the provisions of this act; and it shall be sufficient to give the court jurisdiction if service of original process be had in any civil 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 precedence for hearing and trial over other cases on the Such cases to civil docket of the court, and shall be tried and determined have precedence. 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 Summary judgshall be removed by the defendant within five days after mon the order of the court.

Sec. 3. That no person by force, threats, intimidation, Settlement and or by any fencing or inclosing, or any other unlawful tobistro 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 Misdemeanor. 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 Fine and imsum not exceeding one thousand dollars and be impris- pri oned not exceeding one year for each offense.

SEC. 5. That the President is hereby authorized to take Inclosures to be 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.

Sec. 6. That where the alleged unlawful inclosure in- Inclosure of less 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.

SEC. 7. That nothing herein shall affect any pending Pending, suits suits to work their discontinuance, but as to them here- 10 after they shall be prosecuted and determined under the provisions of this act.

Approved, February 25, 1885 (23 Stat., 321).

prisonment.

removed.

than 160 acres.

not affected.

An Act To amend section four of an act entitled "An act to prevent · unlawful occupancy of the public lands,“ approved February twenty

fifth, eighteen hundred and eighty-five.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Unlawful occusection four of an act entitled “An act to prevent unlaw-panc ful occupancy of the public lands," approved February

penalty.

twenty-fifth, eighteen hundred and eighty-five, be, and

the same is hereby, amended so as to read as follows: Alternative “SEC. 4. That any person violating any of the provi

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 nor exceeding one thousand dollars or be imprisoned not exceeding one year, or both, for each offense.”

Approved, March 10, 1908 (35 Stat., 40).

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