§ 1062. — Suits for violations of law.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1062]
TITLE 43--PUBLIC LANDS
CHAPTER 25--UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING SETTLEMENT OR
TRANSIT
Sec. 1062. Suits for violations of law
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, Sec. 2, 23 Stat. 321; Mar. 3, 1911, ch. 231,
Sec. 291, 36 Stat. 1167; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909;
Pub. L. 98-620, title IV, Sec. 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.
