§ 190m. Subpoena for taking testimony; compensation of officers and witnesses; return of depositions

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. 1879

   Pub. L. 45–40 § 2 · 20 Stat. 278

   Enacted · 2 U.S.C. § 190m

   Feb. 3, 1879, ch. 40, § 2, 20 Stat. 279

   Source evidence

   Code source credit
   Feb. 3, 1879, ch. 40, § 2, 20 Stat. 279

   Enacted provision · exact public law section
   Sec. 2. It shall be the duty of the marshal of the United States for Duty of marshal. the district in which the testimony is to be taken to serve, or cause to be served, all subpoenas issued in behalf of the United States under this act, in the same manner as if issued by the circuit court for his district; and he shall, upon being first paid his fees therefor, serve any subpoenas that may be issued at the instance of such private party or parties. And the said master may, in his discretion, appoint any other Powers, etc., of master. person to serve any subpoena. Such master shall have frill power to administer oaths to witnesses, and the same power to issue attachments to compel the attendance of witnesses anti the production of books, papers and documents, as the circuit or district court of his district would have in a case pending before it; and it shall be his duty to report the conduct of contumacious witnesses before him to the house of Congress appointing such committee. The compensation of such master in chancery, and of marshals and deputy marshals, and of any person appointed to serve papers, shall be the same as for like services in equity cases in the circuit court of the United States; and the compensation of witnesses shall be the same as for like attendance and travel of witnesses before such circuit courts; and all such fees and compensation of officers and witnesses on behalf of tire United States, and other expenses of all investigations which may be had under the provisions of this act on the part of the United States, shall be paid out of the contingent fund of the branch of Congress appointing such committee. Said master, when the examination is concluded, shall attach together all the depositions and exhibits, and attach thereto his certificate setting forth or referring to the authority by which they were taken, any notices he may have given, the names of the witnesses for whom subpoenas or attachments were issued, the names of witnesses who attended, with the time of attendance and mileage and fees of each witness on behalf of the United States, which he may require to be shown by affidavit, his own fees, the fees of the marshal, his deputies or other persons serving papers, giving the items, and such other facts in relation to the circumstances connected with the taking of the depositions as he may deem material. He shall then seal up such depositions and papers securely, direct them to the chairman of such committee at Washington, stating briefly on the outside the nature of the contents, and place the same in the post-office, paying the postage thereon; and said package shall be opened only in the presence of such committee. The chairman of any committee ordering testimony to be taken under this act shall, Notice to Attorney-General. at least ten days before the time fixed for such examination, and within two days after the adoption of such order, cause a copy thereof to be directed and delivered to the Attorney-General of the United States, or sent to him by mail at the Department of Justice, to enable him to give such instructions as he may deem best to the district attorney of the district where such testimony is to be taken, who may, and, if required by the Attorney-General, shall, though not requested by the committee, appear for the United States in person or by assistant, and take such pail in such examination as the Attorney-General shall direct.

2. 1996

   House of Representatives Administrative Reform Technical Corrections Act

   Pub. L. 104–186 title II § 206(2) · 110 Stat. 1718

   Substituted · 2 U.S.C. § 190m

   Pub. L. 104–186 substituted “contingent fund of the Senate, in the case of a committee of the Senate, or the applicable accounts of the House of Representatives, in the case of a committee of the House of Representatives.” for “contingent fund of the branch of Congress appointing such committee.”

   Source evidence

   Code amendment note
   Pub. L. 104–186 substituted “contingent fund of the Senate, in the case of a committee of the Senate, or the applicable accounts of the House of Representatives, in the case of a committee of the House of Representatives.” for “contingent fund of the branch of Congress appointing such committee.”

   Enacted provision · exact public law section
   (2) The fourth sentence of section 2 of the Act entitled “An Act to provide for taking testimony, to be used before Congress, in cases of private claims against the United States”, approved February 3, 1879 (2 U.S.C. 190m) is amended by striking out “contingent fund of the branch of Congress appointing such committee.” and inserting in lieu thereof the following: “contingent fund of the Senate, in the case of a committee of the Senate, or the applicable accounts of the House of Representatives, in the case of a committee of the House of Representatives.”.

2 of 2 references resolved to an enrolled provision