§ 102. — Attendance of witnesses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC102]
TITLE 43--PUBLIC LANDS
CHAPTER 4--DISTRICT LAND OFFICES
Sec. 102. Attendance of witnesses
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.
(Jan. 31, 1903, ch. 344, Sec. 1, 32 Stat. 790; Oct. 28, 1921, ch. 114,
Sec. 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg.
Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
Codification
The original text of this section referred to both registers 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.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 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 section 403 of Reorg. Plan No. 3 of 1946. See
note set out under section 1 of this title.
