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

submitted 123 years ago by ch. 344 to r/title-43-PUBLIC-LANDS · 143 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lets district land office officers issue subpoenas ordering witnesses to attend hearings. Anyone can deliver a subpoena, but if the server isn't a government officer, they must prove delivery by affidavit. Subpoenas must be served within the county where attendance is required, at least five days ahead.

This section is not split into lettered parts, but it has a main rule and two provisos. Main rule: officers of district land offices, chosen by the Secretary of the Interior, can issue subpoenas ordering witnesses to attend hearings on matters that require one. Any person can deliver ("serve") a copy of the subpoena to the witness. Once served, the witness must show up as ordered. First proviso: if someone other than an officer authorized by federal, state, or territorial law serves the subpoena, that person must prove they delivered it by swearing an affidavit. Second proviso: the subpoena must be served inside the county where the witness's attendance is required, and it must be served at least five days before the witness has to attend.
the actual law source: uscode.house.gov ↗public domain

Officers of district land offices designated by the Secretary of the Interior 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 when served, witnesses shall be required to attend in obedience 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 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1903Enacted · Act of Jan. 31, 1903, ch. 344 · 32 Stat. 790
  • 1921Amended · Act of Oct. 28, 1921, ch. 114 · 42 Stat. 208
  • 1925Amended · Act of Mar. 3, 1925, ch. 462 · 43 Stat. 1145

A history note hasn’t been published yet. The record shows enactment by ch. 344 on 1903-01-31.

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