Chapter 344. Providing for the compulsory attendance of witnesses before registers and receivers of the land office
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CHAP. 344.— An Act Providing for the compulsory attendance of witnesses before registers and receivers of the land office. January 31, 1903.[[Public, No. 46](/us/pl/57/46).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Public lands.Compulsory attendance of witnesses before registers and receivers.Issuance and service of subpoenas.That registers and receivers of the land office, or either of them, in all matters requiring 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 *Provisos.*Service by persons other than authorized officers.when served, witnesses shall be required to attend in obedience thereto: *Provided,* That if any subpoena be served under the provisions of this Act 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 Place and time of service.proved by the affidavit of the person serving the same: *Provided further, That* said subpoenas shall be served within the county in which attendance is required, and at least five days before attendance is required.
Sec. 2. Fees.That witnesses shall have the right to receive their fee for one day’s attendance and mileage in advance. 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 attendance in advance from day to day during the hearing. Sec. 3. Penalty for refusal to appear and testify.That 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 m the district court of the United States or in the district courts of the Territories exercising the jurisdiction of circuit or district courts of the United States.
The punishment for such offense, upon conviction, shall be a fine of not more than two hundred dollars, or imprisonment not *Proviso.*Exception.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 Act. Sec. 4. Depositions of non-residents.Written notice.That 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 Persons empowered to take depositions.Subpoenas.to the opposite party or parties The depositions may be taken before any United States commissioner, 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 register or receiver, or may be issued by the officer taking the depositions, and disobedience thereof, as defined in this Act, shall also be punished; Penalty for nonappearance, etc.and the witness shall receive the same fees and mileage and be subject to the same penalties in all respects as in case 791of violation of a subpoena to appear before the register or receiver, and subject to the same limitations.
The fees of the officerFees. 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. Sec. 5. That whenever the taking of anyDepositions in behalf of opposing parties.Expense. depositions taken in pursuance of the foregoing provisions of this Act 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:*Proviso. *Notice. *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.
Approved, January 31, 1903.