« ForrigeFortsett »
school, park, and other public purposes to the munici
pality legally charged with the care and custody of Payment.
tands 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.
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. 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.
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 pro
hibit the Secretary of the Interior from reserving from Lands reserved 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).
the Surplus unallotted agricultural lands of the Spokane Indian
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 reservations 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 Treas
Deposit of pro ury of the United States to the credit of the Indians of
ceeds. the Spokane Reservation.
Approved, May 29, 1908 (35 Stat , 459).
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.
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- landed any of
to entry. 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.
UNLAWFUL OCCUPANCY OF PUBLIC LANDS.
Page. 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.
389 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 hereunlawful.
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,
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 right without
title, or asserted right as above specified as to inclosure, title prohibited. is likewise declared unlawful, and hereby prohibited.
SEC. 2. That it shall be the duty of the District Attorto institute civii 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 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 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
United States district attorneys
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
have precedence. civil docket of the court, and shall be tried and determined 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 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 transit pot to be 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- prisonment. 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 Ponding, suits suits to work their discontinuance, but as to them hereafter they shall be prosecuted and determined under the provisions of this act.
Approved, February 25, 1885 (23 Stat., 321).
than 160 acres.
An Act To amend section four of an act entitled "An act to prevent
unlawful occupancy of the public lands,“ approved February twentyfifth, 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-Pancy. ful 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 provisions 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).