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43 U.S.C. § 13Original papers on file as evidence

submitted 122 years ago by ch. 1398 to r/title-43-PUBLIC-LANDS · 277 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a court subpoenas the original land-patent papers held by a U.S. land office, that office's officer must tell the Secretary of the Interior. The Secretary then sends the certified original papers to be used as evidence, and they must be returned afterward.

This section explains how original land records get used as court evidence. If an officer of a U.S. land office is served with a subpoena or other legal process requiring them to produce, in a U.S. court or a state court of record, the original land-entry application, final proof of residence and cultivation, or other original papers behind a land patent, that officer must immediately tell the Secretary of the Interior, or whoever the Secretary designates, about the process, naming the specific papers required. Once notified, the Secretary, or the designated officer, must promptly send the original papers named in the notice to that land office officer, along with a certificate, sealed by that office, authenticating them as the genuine original papers the patent was based on. Courts — both federal and the various state courts — must accept those certified papers as evidence. The Secretary of the Interior must make rules to get those documents sent back to the Bureau of Land Management after they are used as evidence, at no cost to the United States.
the actual law source: uscode.house.gov ↗public domain

Whenever the officer, as the Secretary of the Interior may designate, of any United States land office shall be served with a subpoena duces tecum or other valid legal process requiring him to produce, in any United States court or in any court of record of any State, the original application for entry of public lands or the final proof of residence and cultivation or any other original papers on file in the Bureau of Land Management of the United States on which a patent to land has been issued or which furnish the basis for such patent, it shall be the duty of such officer to at once notify the Secretary of the Interior, or such officer as he may designate, of the service of such process, specifying the particular papers he is required to produce, and upon receipt of such notice from any such officer of a United States land office the Secretary or such officer designated by him shall at once transmit to the officer of such land office the original papers specified in such notice, and which such officer is required to produce, and to attach to such papers a certificate, under seal of his office, properly authenticating them as the original papers upon which patent was issued; and such papers so authenticated shall be received in evidence in all courts of the United States and in the several State courts of the States of the Union: Provided, That the Secretary of the Interior shall make rules and regulations to secure the return of such documents to the Bureau of Land Management, after use in evidence, without cost to the United States.

Source credit: (Apr. 19, 1904, ch. 1398, 33 Stat. 186; 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
  • 1904Enacted · Act of Apr. 19, 1904, ch. 1398 · 33 Stat. 186

A history note hasn’t been published yet. The record shows enactment by ch. 1398 on 1904-04-19.

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