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Title 43 — Public Lands

Chapter 4 — District Land Offices

§ 104. Disobedience to subpoena

Statutory text

Any person willfully neglecting or refusing obedience to such subpoena, or neglecting or refusing to appear and testify when subpoenaed, his fees having been paid if demanded, shall be deemed guilty of a misdemeanor, for which he shall be punished by indictment in the district court of the United States or in the district courts of the Territories exercising the jurisdiction of district courts of the United States. The punishment for such offense, upon conviction, shall be a fine of not more than $200, or imprisonment not to exceed ninety days, or both, at the discretion of the court: Provided, That if such witness has been prevented from obeying such subpoena without fault upon his part he shall not be punished under the provisions of this section.

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. Pub. L. 57–344 § 3 · 32 Stat. 790

    Enacted · 43 U.S.C. § 104

    Jan. 31, 1903, ch. 344, § 3, 32 Stat. 790

    Source evidence

    Code source credit
    Jan. 31, 1903, ch. 344, § 3, 32 Stat. 790

    Enacted provision · exact public law section
    Sec. 3. Penalty for refusal to appear and testify. That any person willfully neglecting or refusing obedience to such subpoena, or neglecting or refusing to appear and testify when subpoenaed, his fees having been paid if demanded, shall be deemed guilty of a misdemeanor, for which he shall be punished by indictment m the district 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 offense, upon conviction, shall be a fine of not more than two hundred dollars, or imprisonment not Proviso. Exception. to exceed ninety days, or both, at the discretion of the court: Provided, That if such witness has been prevented from obeying such subpoena without fault upon his part he shall not be punished under the provisions of this Act.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Codification

Act , conferred the powers and duties of the former circuit courts upon the district courts.

Credits

1903–1911 · 2 acts
  1. 1903Jan. 31, 1903, ch. 344, § 3, 32 Stat. 790
  2. 1911Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.
Show as published

(Jan. 31, 1903, ch. 344, § 3, 32 Stat. 790; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.)

Parsed from the official OLRC USLM XML in data/usc_all/usc43.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t43/s104