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43 U.S.C. § 106 — Continuing taking of depositions in behalf of opposite party

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 106 — Continuing taking of depositions in behalf of opposite party

Whenever the taking of any depositions taken in pursuance of [section 105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section105&num=0&edition=prelim) is concluded the opposite party may proceed at once at his own expense to take depositions in his own behalf, at the same time and place and before the same officer: Provided, That he shall, before taking of the depositions in the first instance is entered upon, give notice to the opposing party, or any agent or attorney representing him in the taking of said depositions of his intention to do so.

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Source location: Title 43, Chapter 4, § 106; chapter-004-district-land-offices.md

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 105 — Depositions of witnesses residing outside county

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

43 U.S.C. § 106 — Continuing taking of depositions in behalf

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

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