|
U.S. Code as of:
01/19/04
Section 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.
|
|