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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 title, or asserted right as above specified as to inclosure, is likewise declared unlawful, and hereby prohibited. 3174. Duty of United States district attorney to institute suit-What courts have jurisdiction-Judgment.
SEC. 2. That it shall be the duty of the district attorney of the United States for the proper district, on affidavit filed with him by any citizen of the United States that section 1 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 subdivisions 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 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 sufficient 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 precedence for hearing and trial over other cases on the 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 shall be removed by the defendant within five days after the order of the court.
By the act of March 3, 1911, the United States district court is given jurisdiction to restrain by injunction the unlawful inclosure of public lands. (36 Stat. L. 1093.)
3175. Peaceable entry on public lands not to be interfered with-Free transit over-Proviso.
SEC. 3. That 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.
3176. Penal provisions.
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 not exceeding one thousand dollars or be imprisoned not exceeding one year, or both, for each offense. As amended, March 10, 1908. [Sec. 5 authorizes the president to take such measures as shall be necessary to remove any unlawful inclosure of public lands, and to employ civil or military force as may be necessary for that purpose.]
3177. No suit without authority from secretary of the interior if less than 160 acres inclosed.
SEC. 6. That 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.
An Act to protect the locators in good faith of oil and gas lands who shall have effected an actual discovery of oil or gas on the public lands of the United States, or their successors in interest.
Approved March 2, 1911
3178. Assignee or grantee of land containing oil or gas located under mining laws, may obtain patent, when-160-acre limitation— Proviso.
In no case shall patent be denied to or for any lands heretofore located or claimed under the mining laws of the United States containing petroleum, mineral oil, or gas solely because of any transfer or assignment thereof or of any interest or interests therein by the original locator or locators, or any of them, to any qualified persons or person, or corporation, prior to discovery of oil or gas therein, but if such claim is in all other respects valid and regular, patent therefor not exceeding one hundred and sixty acres in any one claim shall issue to the holder or holders thereof, as in other cases; provided, however, that such lands were not at the time of inception of development on or under such claim withdrawn from mineral entry.
See sec. 2394.
STATUTES OF THE UNITED STATES RELATIVE TO GRANTS OF LAND BY THE UNITED STATES TO THE STATE OF NEVADA
3179. 500,000-acre grant.
3181. 90,000-acre grant.
3183. Grants of land and scrip on certain
3184. Confirmation by Congress of dedication to school purposes of the 500,000acre grant.
3185. Grant for maintenance of university. 3186. Proceeds of lands diverted from teaching agriculture and mechanic arts to that of mining.
3187. President to appoint surveyor-general for Nevada Office, compensation, duties, expenses.
An Act to appropriate the proceeds of the sale of the public lands and to grant preemption rights.
SEC. 8. There shall be granted to each state specified in the first section of this act five hundred thousand acres of land for purposes of internal improvement; provided, that to each of the said states which has already received grants for said purpose, there is hereby granted no more than a quantity of land which shall, together with the amount such state has already received as aforesaid, make five hundred thousand acres, the selections in all of the said states to be made within their limits respectively in such manner
as the legislatures thereof shall direct, and located in parcels conformably to sectional divisions and subdivisions, of not less than three hundred and twenty acres in any one location, on any public land except such as is or may be reserved from sale by any law of Congress or proclamation of the president of the United States, which said locations may be made at any time after the lands of the United States in said states respectively shall have been surveyed according to existing laws. And there shall be and hereby is granted to each new state that shall be hereafter admitted into the union, upon such admission, so much land as, including such, quantity as may have been granted to such state before its admission and while under a territorial government, for purposes of internal improvement, as aforesaid, as shall make five hundred thousand acres of land, to be selected and located as aforesaid. U. S. Statutes at Large, vol. 5, 455.
The lands granted to the state by this and other acts are pledged to school purposes by the constitution, sec. 355.
An Act to authorize settlers upon sixteenth and thirty-sixth sections, who settled before the surveys of the public lands, to preempt their settlements.
Approved February 26, 1859
3180. Land granted in lieu of preemption on 16th and 36th sections. Where settlements, with a view to preemption, have been made before the survey of the lands in the field which shall be found to have been made on sections sixteen or thirty-six, said sections shall be subject to the preemption claim of such settler; and if they, or either of them, shall have been or shall be reserved or pledged for the use of schools or colleges in the state or territory in which the lands lie, other lands of like quantity are hereby appropriated in lieu of such as may be patented by preemptors; and other lands are also hereby appropriated to compensate deficiencies for school purposes, where said sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever; provided, that the lands by this section appropriated shall be selected and appropriated in accordance with the principles of adjustment and the provisions of the act of Congress of May twentieth, eighteen hundred and twenty-six, entitled "An act to appropriate lands for the support of schools in certain townships and fractional townships not before provided for." U. S. Statutes at Large, vol. 11, 385.
An Act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts.
That there be granted to the several states, for the purposes hereinafter mentioned, an amount of public land, to be apportioned to each state a quantity equal to thirty thousand acres for each senator and representative in Congress to which the states are respectively entitled by the apportionment under the census of eighteen hundred and sixty; provided, that no mineral lands shall be selected or purchased under the provisions of this act.
See sec. 3165.
3182. Moneys from sale of lands, how invested-Colleges for agriculture and mechanic arts-Military tactics.
SEC. 4. All moneys derived from the sale of the lands aforesaid by the states to which the lands are apportioned, and from the sales of land scrip herein before provided for, shall be invested in stocks of the United States, or of the states, or some other safe stocks, yielding not less than five per
centum upon the par value of said stocks; and that the moneys so invested shall constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in section fifth of this act), and the interest of which shall be inviolably appropriated, by each state which may take and claim the benefit of this act, to the endowment, support, and maintenance of at least one college, where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the states may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life.
3183. Grants of land and scrip on certain conditions.
SEC. 5. The grant of land and land scrip hereby authorized shall be made on the following conditions, to which, as well as to the provisions hereinbefore contained, the previous assent of the several states shall be signified by legislative acts:
First-If any portion of the fund invested, as provided by the foregoing section, or any portion of the interest thereon, shall, by any action or contingency, be diminished or lost, it shall be replaced by the state to which it belongs, so that the capital of the fund shall remain forever undiminished; and the annual interest shall be regularly applied, without diminution, to the purposes mentioned in the fourth section of this act, except that a sum not exceeding ten per centum upon the amount received by any state under the provisions of this act may be expended for the purchase of lands for sites, or experimental farms, whenever authorized by the respective legislatures of said states.
Second-No portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings.
Third-Any state which may take and claim the benefit of the provisions of this act shall provide, within five years, at least not less than one college. as described in the fourth section of this act, or the grant to such state shall cease; and said state shall be bound to pay the United States the amount received of any lands previously sold, and that the title to purchasers under the state shall be valid.
Fourth-An annual report shall be made regarding the progress of each college, recording any improvements and experiments made, with their cost and results, and such other matters, including state industrial and economical statistics, as may be supposed useful; one copy of which shall be transmitted by mail free, by each, to all the other colleges which may be endowed under the provisions of this act, and also one copy to the secretary of the interior. Fifth-When lands shall be selected from those which have been raised to double the minimum price, in consequence of railroad grants, they shall be computed to the states at the maximum price, and the number of acres proportionally diminished.
Sixth-No state while in a condition of rebellion or insurrection against the government of the United States shall be entitled to the benefit of this act. Seventh-No state shall be entitled to the benefits of this act unless it shall express its acceptance thereof by its legislature within two years from the date of its approval by the president. U. S. Statutes at Large, vol. 12, 503. The time for the acceptance of the grant under this act was extended by amendatory act of Congress of April 14, 1864.
This act was accepted by act of the legislature, approved March 9, 1865, 349.
See, also, secs. 7, 8, and 9 of the enabling act, 209, 216, 217, ante, regarding the granting of lands to the state.
An Act concerning certain lands granted to the State of Nevada.
Approved July 4, 1866
3184. Confirmation by Congress of dedication to school purposes of the 500,000 acre-grant.
The appropriation by the constitution of the State of Nevada to educational purposes of the five hundred thousand acres of land granted to said state by the law of September fourth, eighteen hundred and forty-one, for purposes of internal improvement, is hereby approved and confirmed.
See sec. 3158.
3185. Grant for maintenance of university.
SEC. 2. Land equal in amount to seventy-two entire sections, for the establishment and maintenance of a university in said state, is hereby granted to the State of Nevada.
3186. Proceeds of land diverted from teaching agriculture and mechanic arts to that of mining.
SEC. 3. The grant made by law of the second day of July, eighteen hundred and sixty-two, to each state, of land equal to thirty thousand acres for each of its senators and representatives in Congress, is extended to the State of Nevada, and the diversion of the proceeds of these lands in Nevada from the teaching of agriculture and mechanic arts to that of the theory and practice of mining is allowed and authorized without causing a forfeiture of said grant.
See sec. 3160.
3187. President to appoint surveyor-general for Nevada-Office, compensation, duties, expenses.
SEC. 4. The president of the United States, by and with the advice and consent of the senate, shall be, and he is hereby, authorized to appoint a surveyor-general for Nevada, who shall locate his office at such place as the secretary of the interior shall from time to time direct, whose compensation shall be three thousand dollars per annum, and whose duties, powers, obligations, responsibilities, and allowances for clerk hire, office rent, fuel, and incidental expenses shall be the same as those of the surveyor-general of Oregon, under the direction of the secretary of the interior, and such instructions as he may from time to time deem it advisable to give him.
3188. Secretary of the interior may vary lines of subdivisions.
SEC. 5. In extending the surveys of the public lands in the State of Nevada, the secretary of the interior may, in his discretion, vary the lines of the subdivisions from a rectangular form, to suit the circumstances of the country; but in all cases lands valuable for mines of gold, silver, quicksilver, or copper shall be reserved from sale.
3189. Lands not subject to other than homestead entry until state has received full quota.
SEC. 6. Until the State of Nevada shall have received her full quota of lands named in the first, second, and third sections of this act, the public lands in that state shall not be subject to entry, sale, or location under any law of the United States, or any scrip or warrants issued in pursuance of any such law except the homestead act of May twentieth, eighteen hundred and sixty-two, and acts amendatory thereto, and the acts granting and regulating preemptions, but shall be reserved exclusively for entry by the said state for the period of two years after such survey shall have been made; provided,