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THE PUBLIC LANDS,
Surveyors and Deputy Surveyors.
The sums appropriated by the legislative, executive, and judicial appropriation act for the fiscal year ending June 30, 1904, Act Feb. 25, 1903, c. 755, § 1, 32 Stat. 897, for the salaries of the respective surveyors-general, are the same as the appropriations in the preceding years, as set forth in the pote under this section in Comp. St. 1901, p. 1358.
The appropriations for clerk-hire in the offices of the surveyors-gen. eral for the tiscal year ending June 30, 1904, are contained in Act Feb. 25, 1903, c. 755, § 1, 32 Stat. 897-899.
The appropriations for office-rent, etc., for the surveyors-general for the fiscal year ending June 30, 1904, are contained in Act Feb. 25, 1903, c. 755, § 1, 32 Stat. 897-899.
Registers and Receivers.
The usual commissions are allowed on all moneys paid for lands entered under Act June 17, 1902, c. 1093, which provides for the construction of irrigation works for the reclamation of arid lands, by the provision of section 5 of that act, set forth post, under chapter 11 of this Title, subc. “Irrigation in Arid Regions; Grants of Desert Lands to States for Reclamation.”
ACT JUNE 6, 1900, c. 791, § 1.
The provision of this and later acts, set forth in Comp. St. 1901, p. 1371, is repeated in the subsequent deficiency appropriation acts and sundry civil appropriation acts, Act Feb. 14, 1902, c. 17, § 1, 32 Stat. 21, Act June 28, 1902, c. 1301, § 1, 32 Stat. 452, Act March 3, 1903, c. 1006, § 1, 32 Stat, 1056, and Act March 3, 1903, c. 1007, § 1, 32 Stat. 1115.
The compulsory attendance of witnesses before registers and receivers in all matters requiring a hearing before them, and the taking of testimony and of depositions for such hearings, are provided for by Act Jan. 31, 1903, c. 344, set forth below.
ACT JAN. 31, 1903, c. 344.
before Registers and Receivers of the Land Office. (32 Stat.
790.) Subpænas for attendance of witnesses be re registers and receivers.
Be it enacted, &c., 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 subpænas directing the attendance of witnesses, which subpænas may be served by any person by delivering a true copy thereof to such witness, and when served, witnesses shall be required to attend in obedience thereto: Provided, That if any subpæna 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 depositions are taken, the service thereof shall be proved by the affidavit of the person serving the same: Provided further, That said subpænas shall be served within the county in which attendance is required, and at least five days before attendance is required.
Act Jan. 31, 1903, c. 344, § 1, 32 Stat. 790.
Subpanas for taking depositions of witnesses residing outside the
county are provided for by section 4 of this act, set forth below. Witnesses' fees.
Sec. 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.
Act Jan. 31, 1903, c. 344, § 2, 32 Stat. 790.
Witnesses' fees in the courts of the United States are prescribed by Rev. St. $ 818, and Act Aug. 3, 1892, c. 361, Comp. St. 1901, pp. 654. 655.
Disobedience to subpæna, punishable.
Sec. 3. That any person willfully neglecting or refusing obedience to such subpæna, or neglecting or refusing to appear and testify when subpænaed, 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 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 to exceed ninety days, or both, at the discretion of the court: Provided, That if such witness has been prevented from obeying such subpæna without fault upon his part he shall not be punished under the provisions of this Act.
Act Jan. 31, 1903, c. 344, § 3, 32 Stat. 790.
Witnesses under subpænas for taking depositions are subject to the same penalties, by the provisions of the next following section of this
act. Depositions of witnesses residing outside the county.
Sec. 4. That whenever the witness resides outside the county in which the hearing occurs any party to 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. The depositions may be taken before any United States commissioner, notary public, judge or clerk of a court of record. Subpænas for witnesses before the officer taking depositions may issue from the office of the register or receiver, or may be issued by the officer taking the depositions, and disobedience thereof, as defined in this Act, shall 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 of violation of a subpoena to appear before the register or receiver, and subject to the same limitations. The fees of the officer taking the depositions shall be the same as those allowed in the State or Territorial courts, and shall be paid by the party taking the deposition, and an itemized account of the fees shall be made by the officer taking the depositions and attached to the depositions.
Act Jan. 31, 1903, c. 344, § 4, 32 Stat. 790.
Pevalties in case of violation of a subpæna to appear before the register or receiver, mentioned in this section, are imposed by the preceding
section of this act. Continuing taking of depositions in behalf of opposite party.
Sec. 5. That whenever the taking of any depositions taken in pursuance of the foregoing provisions of this Act is concluded the opposite party may proceed at once at his own expense to take depositions in his own behalf, at the same time and place and before the same officer: Provided, That he shall, before taking of the depositions in the first instance is entered upon, give notice to the opposing party, or any agent or attorney representing him in the taking of said depositions, of his intention to do so.
Act Jan. 31, 1903, c. 344, § 5, 32 Stat. 791.
THE Public LANDS—Ch. 4
Land-Districts—General Provisions Respecting Certain
PROVISIONS RESPECTING PARTICULAR LOCAL LAND DISTRICTS.
Changes in the existing land districts enumerated in the note under this section in Comp. St. 1901, p. 1377, are as follows:
The number of land offices and land districts in Alaska is reduced to one, the location to be fixed by the President, by a provision of Act Feb. 14, 1902, c. 17, § 1, set forth below.
An additional land district in the state of Montana, to be called the Great Falls Land District, the land office to be located at Great Falls, is established, and the appointment of a register and receiver for the district is authorized by Act April 28, 1902, c. 595, 32 Stat. 171.
The Government of the Philippine Islands is authorized to establish land districts and to provide for the appointment of the necessary officers wherever they deem the same necessary for the public convenience, by Act July 1, 1902, c. 1369, $ 52, 32 Stat. 704.
ACT MAY 14, 1898, c. 299, 12.
Tbe number of land offices and land districts in Alaska is reduced to one, the location to be fixed by the President, by a provision of Act Feb. 14, 1902, c. 17, 8 1, set forth below.
ACT FEB. 14, 1902, c. 17, § 1.
That on and after June first, nineteen hundred and two, the number of land offices and land districts in the district of Alaska is hereby reduced to one, the location of which shall be fixed by the President.
Act Feb. 14, 1902, c. 17, § 1, 32 Stat. 20.
This is a provision of the urgent deficiency appropriation act for the fiscal year ending June 30, 1902, cited above.
Sec. 2276. [As amended 1891.]
The provisions of Act Feb. 28, 1891, c. 384, amending this section to read as set forth in Comp. St. 1901, p. 1392, are made applicable to the State of Utah, and to the grant of school lands to that State, including sections 2 and 32 as well as 16 and 36 in each township or other lands
equivalent thereto, as stated in the note under this section in Comp. St. 1901, p. 1383, by Act May 3, 1902, c. 683, set forth below.
Lands selected and appropriated in lieu of lauds granted for school purposes to the Territory and State of Washington, under the several acts relating thereto, as stated in the notes under this section in Comp. St. 1901, p. 1383, when approved by the Secretary of the Interior, are to be deemed to have been granted to the State by Act Feb. 22, 1889, c. 180, and the title of the State thereto is confirmed by Act Dec. 18, 1902, c. 5, set forth below.
Title to certain tracts of land previously selected by the State of Nebraska as indemnity for granted school lands, and certified to the State, but the certification of which was declared void, is confirmed to the State, by Act April 15, 1902, c. 506, 32 Stat. 105.
Selections by States in lieu of school sections in abandoned military reservations are confirmed, and provisions for the disposal of the lands in such school sections are made, by Act Feb. 11, 1903, c. 513, post, under chapter 11 of this title, subc. “Abandoned Military and Naval Reservations."
ACT MAY 3, 1902, c. 683.
February Twenty-Eighth, Eighteen Hundred and Ninety-One
plicable to the State of Utah. (32 Stat. 188.) Provisions for selections to supply deficiencies of school lands, made
applicable to grant of school lands to State of Utah. Be it enacted, &c., That all the provisions of an Act of Congress approved February twenty-eighth, eighteen hundred and ninety-one, which provides for the selection of lands for educational purposes in lieu of those appropriated for other purposes, be, and the same are hereby, made applicable to the State of Utah, and the grant of school lands to said State, including sections two and thirty-two in each township, and indemnity therefor, shall be administered and adjusted in accordance with the provisions of said Act, anything in the Act approved July sixteenth, eighteen hundred and ninety-four, providing for the admission of said State into the Union, to the contrary notwithstanding.
Act May 3, 1902, c. 683, § 1, 32 Stat. 188.
Act Feb. 28, 1891, c. 384, mentioned in this section, amends Rev. St. § 2270, and is incorporated in that section as set forth in Comp. St.
1901, p. 1382. Additional school sections included in provisions as applicable to State
of Utah. Sec. 2. That wherever the words “sections sixteen and thirty-six" occur in said Act, the same as applicable to the State of Utah shall read: "sections two, sixteen, thirty-two, and thirty-six," and wherever the words “sixteenth and thirty-sixth sections” occur the same shall read: "second, sixteenth, thirty-second, and thirty-sixth sections," and wherever the words “sections sixteen or thirty-six” occur the same shall read: "sections two, sixteen, thirty-two, or thirty-six," and wherever the words "two sections” occur the same shall read "four sections."
Act May 3, 1902, c. 683, & 2, 32 Stat. 189.
Sections numbered 2, 16, 32, and 36, or other lands equivalent thereto, are granted to the State of Utah for school purposes, by Act July 16,