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Code · U.S. Code · Title 43 - PUBLIC LANDS · CHAPTER 25— UNLAWFUL INCLOSURES OR OCCUPANCY; OBSTRUCTING SETTLEMENT OR TRANSIT · § 1062

§ 1062. Suits for violations of law

475 words·~2 min read·/usc/title-43/section-1062

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.)
Connections1 cite this · traces to 3
Cited by 1 section
10 references not yet in our index
  • 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)
  • 98 Stat. 3360
  • Pub. L. 98–620
  • section 403 of Pub. L. 98–620
Citation graph
cites case law
§ 1062
Suits for violations of law
Stat.×1
U.S.C.§ 1061
U.S.C.§ 541
U.S.C.§ 1657
ActFeb. 25, 1885, ch. 149, § 2
Stat.23 Stat. 321
ActMar. 3, 1911, ch. 231, § 291
Stat.36 Stat. 1167
ActJune 25, 1948, ch. 646, § 1
Cites 13 · showing 8Cited by 1 across 1 source
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