Title 43, Public LandsRelease 119-102
§104 Disobedience to Subpoena
Title 43 › CHAPTER 4 — DISTRICT LAND OFFICES › § 104
Summary
Refusing a subpoena or not appearing after being paid fees if demanded is a misdemeanor and can be charged in U.S. or territorial courts. A convicted person may be fined up to $200, jailed up to 90 days, or both; no punishment if the witness was prevented from complying without fault.
Full Legal Text
Title 43, §104
Public Lands, Source: USLM XML via OLRC
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
Notes & Related Subsidiaries
Editorial Notes
Codification Act Mar. 3, 1911, conferred the powers and duties of the former circuit courts upon the district courts.
Reference
Citations & Metadata
Citation
43 U.S.C. § 104
Title 43, Public Lands
Last Updated
Aug 21, 2026
Release point: 119-102