Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-04-15
NEW LAND LAW NOW IN FORCE.
The Register and Receiver Can Com.
pei the Attendance Of Witnesses
by the New Act.

The Register and Receiver Can Com.
pei the Attendance Of Witnesses
by the New Act.
The register and receiver of the
United States land office at this place
have received circular from the
department of the interior relative
to the compulsory attendance of wit
nesses before registers and receivers.
An act covering the matter was pass,
ed at the last session of the congress.
and Is as follows:
BE il enacted ythe Senate and House
of Representatives of the United
States of America In Congress as,
sembled.
That registers and receivers of the
land Office. or either of them, in all
matters requiring a hearing before
them. are authorized and empowered
to issue subpoenas directing the at
tendance OF witnesses, which sub
poenas may be served by any person
by delivering true copy thereof to
such witnesses. and when served. wit
nesses shall be required to attend in
obedience thereto. Provided. that II
any subpoena be served under the
provisions of this act by any person
other than an officer authorized by the
laws of the United States. or of the
state or territory in which the deposi.
tions 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 at
tendance is required, and at least five
days before attendance Is required
Section 2. That witnesses shall
have the right to receive their fee foi
one days 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 situ
ated; and the witness shall be EMIT
led to receive his fee for attendance
in advance from day to day durinl
the hearing.
Section 3. That any person vii
fully neglecting or refusing obedienc,
to such subpoena. or neglecting or re
fusing to appear and testify when
subpoenaed, his fees having been paid
II demanded. shall be deemed guilty
of misdemeanor, for which he shall
be punished by indictment in the dis.
trict court of the United States or in
the district courts of the territories
exercising the Jurisdiction of circuit
or district courts of the United
States. The punishment for such Of
fense, upon conviction, shall be a fine
Of not more than two hundred dol
lars, or Imprisonment not to exceed
ninety days. or both, at the discretion
of the court Provided, that II suci
witness has been prevented from
obeying such subpoena without faul
upon his part he shall not be punish
ed under the provisions OF this act.
Section 4. That whenever the wit
ness resides outside the county II
which the hearing occurs any part,
to the proceeding may take the testi
mony of such witness in the count!
of such witnesses residence in tn,
form of dispositions by giving ten days
written notice Of the time and place
OF taking such dispositions to the op
posite party or parties. The deposi
tions may be taken before any United
States commissioner. notary public
judge or clerk OF court Of record
Subpoenas for witnesses before tn,
officer taking depositions may issu,
from the Office o. the register or re
ceiver, or may be issued by the Off
Ger taking the depositions. and dis
obedience thereof, as defined In thi!
act. shall also be punished; and th'
witness shall receive the same fee
and mileage and be subject TO tn,
same penalties In all respects as In
case OF violation of a subpoena TO ap
pear before the register or receiver
and subject to the same limitations
The fees of the officer taking the dep
ositions shall be the same as thos,
allowed In the state or territoria
courts. and shall be paid by the part.
taxing the deposition, and an itemizet
account OF the fees shall be made b!
the officer taking the dispositions AM
attached to the dispositions.
Section 5. That whenever the TAX
ing Of any dispositions taken in pur
suance Of the foregoing provisions o
this act Is concluded the opposite
party may proceed at once at his owl
expense to take dispositions in hi
own behalf. at the same time anC
place and before the same officer
Provided, that he shall, before takini
Of the depositions in the first instance
is entered upon, give notice to the op
posing party or any agent or attorne!
representing him in the taking Of sal,
| dpnnsitlnns of his intention tn do "a