43-U.S.C.-1062
§1062 – Suits For Violations of Law
Pathway
Title 43 > Chapter 25 > Section 1062
Details
- Reference: Section 1062
- Legend: §1062 – Suits For Violations of Law
- USCode Year: 2013
Provision Content
It shall be the duty of the United States attorney for the proper district, on affidavit filed with him by any citizen of the United States that section 1061 of this title 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 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 conferred on any United States district 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 chapter; 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. 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.
(Feb. 25, 1885, ch. 149, §2, 23 Stat. 321; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167; June 25, 1948, ch. 646, §1, 62 Stat. 909; Pub. L. 98–620, title IV, §402(43), Nov. 8, 1984, 98 Stat. 3360.)
Amendments
1984—Pub. L. 98–620 struck out provision that any suit brought under this section had precedence for hearing and trial over other cases on the civil docket of the court, and had to be tried and determined at the earliest practicable day.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as a note under section 1657 of Title 28, Judiciary and Judicial Procedure.
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, substituted United States attorney for district attorney of the United States. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder.
The words district court substituted for district or circuit court in two places to conform to act Mar. 3, 1911, which abolished the circuit courts and transferred their powers and duties to the district courts.
U.S. Encyclopedia of Law Coverage
43-U.S.C.-991 in the Legal Encyclopedia: Public Lands
In this entry about 43-U.S.C.-991, find legal reference material, bibliographies and premiere content related to public lands in the American Encyclopedia of Law, presenting a comprehensive view of the United States public lands-specific issues, written by authorities in the field.
Chapter 24 – Drainage Under State Laws in the Legal Encyclopedia: Land
In this entry about Chapter 24 – Drainage Under State Laws, find legal reference material, bibliographies and premiere content related to land in the American Encyclopedia of Law, presenting a comprehensive view of the United States land-specific issues, written by authorities in the field.
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