43 U.S.C. § 102 — Attendance of witnesses

Page 33 TITLE 43—PUBLIC LANDS § 102 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes CODIFICATION This section, as originally enacted, related to receiv- ers of public moneys for land districts. The office of re- ceiver was consolidated with that of register by acts Mar. 3, 1925, and Oct. 28, 1921, under which the office of receiver was abolished. See, also, Transfer of Functions note below. Statutory Notes and Related Subsidiaries CHANGE OF NAME AND TRANSFER OF FUNCTIONS ‘‘Government Accountability Office’’ substituted in text for ‘‘General Accounting Office’’ pursuant to sec- tion 8(b) of Pub. L. 108–271, set out as a note under sec- tion 702 of Title 31, Money and Finance, which redesig- nated the General Accounting Office and any references thereto as the Government Accountability Office. Pre- viously, ‘‘General Accounting Office’’ substituted in text for ‘‘proper officer of the Treasury Department’’ pursuant to act June 10, 1921, which transferred all powers and duties of the Comptroller, six auditors, and certain other employees of the Treasury to the General Accounting Office. See section 701 et seq. of Title 31. 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. Words ‘‘officer designated by the Secretary of the In- terior’’ substituted for ‘‘register’’ on authority of sec- tion 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. § 100. Disqualification No officer shall receive evidence in, hear, or determine any cause pending in any district land office in which cause he is interested di- rectly or indirectly, or has been of counsel, or where he is related to any of the parties in inter- est by consanguinity or affinity within the fourth degree, computing by the rules adopted by the common law. (Jan. 11, 1894, ch. 10, § 1, 28 Stat. 26; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Editorial Notes CODIFICATION This section, as originally enacted, was applicable to both registers and receivers. The office of receiver was abolished by acts Oct. 28, 1921, and Mar. 3, 1925, which consolidated the two offices. 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. Word ‘‘officer’’ substituted for ‘‘register’’ on author- ity of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. § 101. Report of disqualification; designation of officer to act It shall be the duty of every officer so dis- qualified to report the fact of his disqualifica- tion to the Secretary of the Interior or such offi- cer as he may designate as soon as he shall as- certain it, and before the hearing of such cause, who thereupon, with the approval of the Sec- retary of the Interior, shall designate some other officer or special agent of the Land De- partment to act in the place of the disqualified officer, and the same authority is conferred on the officer so designated which such officer would otherwise have possessed to act in such case. (Jan. 11, 1894, ch. 10, § 2, 28 Stat. 26; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Statutory Notes and 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. Word ‘‘officer’’ substituted for ‘‘register’’ and ‘‘Sec- retary of the Interior or such officer as he may des- ignate’’ substituted for ‘‘Commissioner of the General Land Office’’ on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. Act Mar. 3, 1925, abolished office of surveyor general and transferred administration of all activities in charge of surveyors general to Field Surveying Service under jurisdiction of United States Supervisor of Sur- veys. § 102. Attendance of witnesses Officers of district land offices designated by the Secretary of the Interior in all matters re- quiring a hearing before them are authorized and empowered to issue subpoenas directing the attendance of witnesses, which subpoenas may be served by any person by delivering a true copy thereof to such witness, and when served, witnesses shall be required to attend in obedi- ence thereto: Provided, That if any subpoena be served under the provisions of this section by any person other than an officer authorized by the laws of the United States, or of the State or Territory in which the depositions are taken, the service thereof shall be proved by the affi- davit of the person serving the same: Provided further, That said subpoenas shall be served within the county in which attendance is re- quired, and at least five days before attendance is required. (Jan. 31, 1903, ch. 344, § 1, 32 Stat. 790; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) 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 the district court of the United States or in the district courts of the Territories exercising the jurisdic- tion of district courts of the United States. The punishment for such offense, upon conviction, shall be a fine of not more than $200, or impris- onment 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. (Jan. 31, 1903, ch. 344, § 3, 32 Stat. 790; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.) Editorial Notes CODIFICATION Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts. § 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 par- ties. 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 deposi- tions may issue from the office of the officer designated by the Secretary of the Interior or may be issued by the officer taking the deposi- tions, and disobedience thereof, as defined in section 104 of this title, 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 al- lowed 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. (Jan. 31, 1903, ch. 344, § 4, 32 Stat. 790; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) 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 Mar. 3, 1925, and Oct. 28, 1921, which provided for the consolidation of the two offices under a register only. See, also, Transfer of Functions note below. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted in text for ‘‘United States magistrate’’ pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘United States magistrate’’ substituted for ‘‘United States commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. 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. Words ‘‘officer designated by the Secretary of the In- terior’’ substituted for ‘‘register’’ on authority of sec- tion 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. § 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 is con- cluded 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 be-