Page:United States Statutes at Large Volume 32 Part 1.djvu/855

This page needs to be proofread.

790 FLFIY-SEVENTH CONGRESS. Sess. II. CHS. 343,344. 1903. hundred and eighty-nine, lying and bein in the city of WVa.shington, District of Columbia., as r plat recorded in book twenty, page ten, one of the records of th; surveyor’s oislice of the said District of Columbia; said portion of said alley being described by metes and B¤¤¤¤¤i¤- boundsas follows: Beginning at the northeast corner of said alley, and running south on the east line thereof, ten feet; thence west, on the southerly line of said alley, twenty feet; thence north ten feet, and thence east twenty feet to the lace of beginning, containing in all two hundred square feet of groundi Approved, January 31, 1903. January 81,190:1 CHAP. 844.—An Act Providing for the compulsory attendance of witnesses

 before registers and receivers of the land office.

Be it enacted by the Senate and House 0_fRepreaentat£ve.s of the United gum !¤¤¤¤-mm, States of Amer#£ea in Uongresa assembled, That registers and receivers ance ciwm be of the land office, or either of them, in all matters requiring a hearing f;,"$.°;¥“‘°” ‘“"’ ‘°‘ before them, are authorized and empowered to issue subpmnas directf1¤g¤¤<»¤¤d¤¤rvi¤¤ ing the attendance of witnesses, w ich subpoenas may be served by ° °° Pm""' any person by delivering a true copy thereof to such witness, and when served, witnesses shall be required to attend in obedience Pmvrm. thereto: Provided, That if any subpoena be served under the provicei]»`;ivi¤¤°ii.¤li sions of this Act by any person other than an officer authorized b °*“"‘“'~ 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 Place md ¤¤¤¤ ¤f aiiidavit of the person sewing the same: I*r0videdfurthe1·, That said °°m°°' subpoenas shall be served within the counay in which attendance is r uired, and at least five days before atten ance is required. Fw- 6§EC. 2. 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. ,0I;*;;Q&”{¤f;{ Sec. 3. That any person willfully neglecting or refusing obedience to such subpoena, or neglecting or refusing to appear and testify when sub naed, his fees having been paid if demanded, shall be deemed guilty, of a misdemeanor, for which he shall be punished bv indictment in the district court of the United States or in the district courts of the Territories exercisiqglthe jurisdiction of circuit or district courts of the United States. ’ e punishment for such offense, upon conviction, shall be a fine of not more than two hundred dollars, or imprisonment not to exceed ninety days, or both, at the discretion of the court: gmohm Provided, That if such witness has been prevented from obeying such ep subpoena without fault upon his part he shall not be punished under the provisions of this Act. m*}ggg;§j¤¤¤* ¤¤¤· Sec. 4. That whenever the witness resides outside the county in wi-me:} nance. which the hearing occurs any partyto 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 WYQQQQQAQW The depositions may be taken before any United States commissioner, Submw. notary public, judge or clerk of a court of record. Subpcenas for witnesses before the officer taking depositions may issue from the office of the register or receiver, or may be issued by the officer takin the depositions, and disobedience thereof, as defined in this Act, shad pe';;::;?' jg ¤¤¤·r> 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