Page:1887 Compiled Laws of Dakota Territory.pdf/52

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ORGANIC LAW.

ticable 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 removed by the defendant within five days after the order of the court.

Obstructing settlement upon public lands.
Section 3 of an act of congress approved Feb. 25, 1885.

§ [91.] 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 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.

Penalty.
Section 4 of an act of congress approved Feb. 25, 1885.

§ [92.] 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 and be imprisoned not exceeding one year for each offense.

Authority of president to remove unlawful inclosure.
Section 5 of an act of congress approved Feb. 25, 1885.

§ [93.] The president is hereby authorized to take 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.

No suit shall be brought unless.
Section 6 of an act of congress approved Feb. 25, 1885.

§ [94.] 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.

Act not to affect pending suits.
Section 7 of an act of congress approved Feb. 25, 1885.

§ [95.] Nothing herein shall affect any pending suits to work their discontinuance, but as to them hereafter they shall be prosecuted and determined under the provisions of this act.

Exportation of timber cut on public lands prohibited.
Part of an act of congress approved April 30, 1878.

§ [96.] If any timber cut on the public lands shall be exported from the territories of the United States, it shall be liable to seizure by United States authority, wherever found.

Restrictions Upon Holding of Real Estate.

Section.

97. Unlawful for persons or certain corporations to hold real estate.

98. When corporations cannot hold real estate.

Section.

99. What corporations cannot hold more than five thousand acres.

100. Property forfeited when unlawfully held.

Unlawful for persons not citizens of the United States and certain corporations to acquire and hold real estate.
Section 1 of an act of congress approved March 3, 1887.

§ [97.] It shall be unlawful for any person or persons, not citizens of the United States, or who have not lawfully declared

their intention to become such citizens, or for any corporation not created by or under the laws of the United States, or of some

state or territory of the United States, to hereafter acquire, hold, or own real estate so hereafter acquired, or any interest therein, in any of the territories of the United States or in the District of Columbia, except such as may be acquired by inheritance or in good faith in the ordinary course of justice in the collection of debts heretofore created; provided, that prohibition of this section shall not apply to cases in which the right to hold or dispose of lands in the United States is secured by existing treaties to the citizens or subjects of foreign countries, which rights, so

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