43 U.S.C. § 101 — Report of disqualification; designation of

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 Editorial Notes CODIFICATION This section, as originally enacted, related to receiv- ers of public moneys for land districts.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.)