§ 155. Authority of registrar in obtaining evidence

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1922

   China Trade Act, 1922

   Pub. L. 67–346 § 15 · 42 Stat. 849

   Enacted · 15 U.S.C. § 155

   Sept. 19, 1922, ch. 346, § 15, 42 Stat. 853

   Source evidence

   Code source credit
   Sept. 19, 1922, ch. 346, § 15, 42 Stat. 853

   Enacted provision · exact public law section
   Sec. 15. (a) For the efficient administration of the functions Registrar may issue subpœnas for attendance, production of evidence, etc., in China. vested in the registrar by this Act, he may require, by subpœna issued by him or under his direction, (1) the attendance of any witness and the production of any book, paper, document, or other evidence from any place in China at any designated place of hearing in China, or, if the witness is actually resident or temporarily sojourning outside of China, at any designated place of hearing within fifty miles of the actual residence or place of sojourn of such witness, and (2) Depositions. the taking of a deposition before any designated person having power to administer oaths. In the case of a deposition the testimony shall be reduced to writing by the person taking the deposition or under his direction, and shall then be subscribed by the deponent. The registrar, or any officer, employee, or agent of the United States Examinations. authorized in writing by him, may administer oaths and examine any witness. Any witness summoned or whose deposition is taken, under this section, shall be paid the same fees and mileage as are paid Witness fees. witnesses in the courts of the United States. (b) In the case of failure to comply with any subpœnas or in the case of the contumacy of any witness before the registrar, or any individual so authorized by him, the registrar or such individual may invoke the aid of any federal district court. Such court may thereupon order the witness to comply with the requirements of such subpcena and to give evidence touching the matter in question. Any failure to obey such order may be punished by such court as a contempt thereof. (c) No person shall be excused from so attending and testifying or deposing, nor from so producing any book, paper, document, or other evidence on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him Personal immunity. or subject him to a penalty or forfeiture; but no natural person shall be prosecuted or subjected to any penalty of forfeiture for or on account of any transaction, matter, or thing as to which, in obedience Perjury excepted. to a subpcena and under oath, he may so testify, except that no person shall be exempt from prosecution and punishment for perjury committed in so testifying. (d) For the efficient administration of the functions vested in the registrar by this Act, he, or any officer, employee, or agent of the United States authorized in writing by him, shall at all reasonable times for the purpose of examination have access to and the right to copy any book, account, record, paper, or correspondence relating Penalty for refusal. to the business or affairs of a China Trade Act corporation. Any person who upon demand refuses the registrar or any duly authorized officer, employee, or agent such access or opportunity to copy, or hinders, obstructs, or resists him in the exercise of such right, shall be liable to a penalty of not more than $5,000 for each such offense. Recovery. Such penalty shall be recoverable in a civil suit brought in the name of the United States.

2. 1970

   Organized Time Control Act of 1970

   Pub. L. 91–452 title II § 217 · 84 Stat. 922

   Struck · 15 U.S.C. § 155(c)

   Pub. L. 91–452 struck out subsec. (c) which granted immunity from prosecution for any natural person testifying in obedience to a subpoena

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 91–452 struck out subsec. (c) which granted immunity from prosecution for any natural person testifying in obedience to a subpoena.

   Enacted provision · exact public law section
   Sec. 217. Subsection (c) of section 15 of the China Trade Act, 1922 (42 Stat. 953; 15 U.S.C. § 155(c)), is repealed. 42 Stat. 853.

   Effective date note
   Amendment by Pub. L. 91–452 effective on sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91–452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure.

2 of 2 references resolved to an enrolled provision