§ 105. — Depositions of witnesses residing outside county.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC105]
TITLE 43--PUBLIC LANDS
CHAPTER 4--DISTRICT LAND OFFICES
Sec. 105. Depositions of witnesses residing outside county
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 to the opposite party or parties. The
depositions may be taken before any United States magistrate judge,
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 officer designated by the Secretary of the Interior or may
be issued by the officer taking the depositions, and disobedience
thereof, as defined in section 104 of this title, shall also be
punished; and the witness shall receive the same fees and mileage and be
subject to the same penalties in all respects as in case of violation of
a subpoena to appear before the officer designated by the Secretary of
the Interior and subject to the same limitations. The fees of the
officer 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.
(Jan. 31, 1903, ch. 344, Sec. 4, 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;
Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118;
Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
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 Mar. 3, 1925, and Oct. 28, 1921,
which provided for the consolidation of the two offices under a register
only. See, also, Transfer of Functions note below.
Change of Name
``United States magistrate judge'' substituted in text for ``United
States magistrate'' pursuant to section 321 of Pub. L. 101-650, set out
as a note under section 631 of Title 28, Judiciary and Judicial
Procedure. Previously, ``United States magistrate'' substituted for
``United States commissioner'' pursuant to Pub. L. 90-578. See chapter
43 (Sec. 631 et seq.) of Title 28.
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.
Words ``officer designated by the Secretary of the Interior''
substituted for ``register'' on authority of section 403 of Reorg. Plan
No. 3 of 1946. See note set out under section 1 of this title.
Section Referred to in Other Sections
This section is referred to in section 106 of this title.
