43 U.S.C. § 1062 — Suits for violations of law
submitted 141 years ago by ch. 149 to r/title-43-PUBLIC-LANDS · 269 words · no verdicts yet
This section requires the United States attorney to bring a civil case when a citizen reports an unlawful enclosure with enough identifying information. A court may order the enclosure destroyed unless the defendant removes it within five days.
The United States attorney for the proper district must act when a United States citizen files an affidavit saying section 1061 is being violated. The affidavit must identify the enclosed land with reasonable certainty—not necessarily by boundary measurements or surveyed-land subdivisions—and identify the violators as nearly as possible. If a name cannot be found after reasonable inquiry, a description is enough. The attorney must bring a civil case in the proper United States district court or territorial district court, in the name of the United States, against the people named or described who control the enclosure.
Any United States or territorial district court that covers the place where all or part of the enclosed land lies may hear an equity proceeding and issue an injunction stopping violations of this chapter. The court has jurisdiction in a civil case if the original process is served on any agent or employee in charge of or controlling the enclosure. If the enclosure is found unlawful, the court must promptly order, enter judgment for, or decree its destruction, unless the defendant removes it within five days after the court’s order.
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.
Source credit: (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.)
- 1885Enacted · Act of Feb. 25, 1885, ch. 149 · 23 Stat. 321
- 1911Amended · Act of Mar. 3, 1911, ch. 231 · 36 Stat. 1167
- 1948Amended · Act of June 25, 1948, ch. 646 · 62 Stat. 909
- 1984Amended · Pub. L. 98-620 · 98 Stat. 3360
A history note hasn’t been published yet. The record shows enactment by ch. 149 on 1885-02-25.
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