Page:United States Statutes at Large Volume 23.djvu/349

FORTY-EIGHTH CONGRESS. Srzss. II. C11. 148, 149. 1885. 321 peuditure exceeding the sum so remaining after paying for the site of said building: Provided, That the site shall leave the building unex- Promoposed to danger from fire in adjacent buildings by an open space of not less than forty feet, including streets and alleys; and no money appro- ‘ priated for this purpose shall be available until a. valid title to the site 'I`i¢l¢· ior said building shall be vested in the United States, nor until the State of Iowa shall have ceded to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the owner thereof, for all purposes except the administration of » the criminal laws of the State and the service of the civil process therein. Approved, February 25, 1885. ‘ CHAP. 149.-An act to prevent unlawful occupancy of the public lands. February 25, 1885. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all inclosures of any pub- _ I¤¢>I0¤¤¤> <{fv¤b- lic lands in any State or Territory of the United States, heretofore or gzhlfgmfdwgf to be hereafter made, erected, or constructed by any person, party, as- mm1_ sociation, or corporation, to any of which land included within the inclosure the person, party, association, or corporation making or control- ` ling 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 maintenance, _ Maintenance of erection, construction, or control of any such inclosure is hereby forbid- :1”°I°°‘“° f°*b* d· den 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 like- d$5,°;iQ£;:,”u3§ wise declared unlawful, and hereby prohibited. - Prohibited. Sec. 2. That it shall be the duty of the district attorney of the United _United States States for the proper district, on affidavit tiled with him by any citizen d*°*¤°* °*;*°¥¤°Y¤ or me Umm states new muon one or this at is being violated shew- f,{;dg°g Pmgtggg ing a description of the land inclcsed with reasonable certainty, not civil suits. '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 cannot 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 jurisdiction over the locality where the land Jurisdiction of 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 suuicient to give the court jurisdiction if service of original process be had in any civil proceeding on any agent or employee having charge or control of the inclosure; and any suit brought under the provisions of this section shall have pre- Such cues to cedencc for hearing and trial over other cases on the civil docket of the ¥¤'¤ P¤¤¤d•¤°¤- court, and shall be tried and determined at the earliest practicable day. ln 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 ¤¤¤¤¤¤7 Wisby the defendant within live days aher the order of the court. “’°”“· KXIIX—2I