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43 U.S.C. § 104 — Disobedience to subpoena
Federal law — U.S. Code and appendices · legal_authorities
Any person willfully neglecting or refusing obedience to such subpoena, or neglecting or refusing to appear and testify when subpoenaed, his fees having been paid if demanded, shall be deemed guilty of a misdemeanor, for which he shall be punished by indictment in the district court of the United States or in the district courts of the Territories exercising the jurisdiction of district courts of the United States. The punishment for such offense, upon conviction, shall be a fine of not more than $200, or imprisonment not to exceed ninety days, or both, at the discretion of the court: Provided, That if such witness has been prevented from obeying such subpoena without fault upon his part he shall not be punished under the provisions of this section.
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Source file: Laws/federal/codes/united-states-code/title-43/section-104-disobedience-to-subpoena--8a2275f96f.md
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Source location: Title 43, Chapter 4, § 104; chapter-004-district-land-offices.md
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Any person willfully neglecting or refusing obedience to such subpoena, or neglecting or refusing to appear and testify when subpoenaed, his fees having been paid if demanded, shall be deemed guilty of a misdemeanor, for which he shall be punished by indictment in the district court of the United States or in the district courts of the Territories exercising the jurisdiction of district courts of the United States. The punishment for such offense, upon conviction, shall be a fine of not more than $200, or imprisonment not to exceed ninety days, or both, at the discretion of the court: Provided, That if such witness has been prevented from obeying such subpoena without fault upon his part he shall not be punished under the provisions of this section.
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Federal law — U.S. Code and appendices · legal_authorities
Whenever the witness resides outside the county in which the hearing occurs any party to the proceeding may take the testimony of such witness in the county of such witness’s residence in the form of depositions by giving ten days’ written notice of the time and place of taking such depositions to the opposite party or parties. The depositions may be taken before any United States magistrate judge, notary public, judge, or clerk of a court of record. Subpoenas for witnesses before the officer taking depositions may issue from the office of the officer designated by the Secretary of the Interior or may be issued by the officer taking the depositions, and disobedience thereof, as defined in [section 104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section104&num=0&edition=prelim), shall also be punished; and the witness shall receive the same fees and mileage and be subject to the same penalties in all respects as in case of violation of a subpoena to appear before the officer designated by the Secretary of the Interior and subject to the same limitations. The fees of the officer taking the depositions shall be the same as those allowed in the State or Territorial courts, and shall be paid by the party taking the deposition, and an itemized account of the fees shall be made by the officer taking the depositions and attached to the depositions.
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Federal law — U.S. Code and appendices · legal_authorities
Page 34
TITLE 43—PUBLIC LANDS
§ 103
Editorial Notes
CODIFICATION
The original text of this section referred to both reg-
isters and receivers, but reference to the latter was
omitted in view of the abolition of such office under
acts Oct. 28, 1921, and Mar. 3, 1925, which provided for
the consolidation of the two offices under a register
only. See, also, Transfer of Functions note below.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-
tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under
section 1451 of this title.
‘‘Officers of district land offices designated by the
Secretary of the Interior’’ substituted for ‘‘Registers of
the land office, or either of them,’’ on authority of sec-
tion 403 of Reorg. Plan No. 3 of 1946. See note set out
under section 1 of this title.
§ 103. Witnesses’ fees
Witnesses shall have the right to receive their
fee for one day’s attendance and mileage in ad-
vance. The fees and mileage of witnesses shall be
the same as that provided by law in the district
courts of the United States in the district in
which such land offices are situated; and the
witness shall be entitled to receive his fee for at-
tendance in advance from day to day during the
hearing.
(Jan. 31, 1903, ch. 344, § 2, 32 Stat. 790.)
§ 104. Disobedience to subpoena
Any person willfully neglecting or refusing
obedience to such subpoena, or neglecting or re-
fusing to appear and testify when subpoenaed,
his fees having been paid if demanded, shall be
deemed guilty of a misdemeanor, for which he
shall be punished by indictment in th
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 104
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