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[U. S. Code Congressional Service, 1948, Volume 1, p. A3 et seq.]

Judiciary and Judicial Procedure, 1948 Act

 

The 1948 enactment of the most recent Title 28, United States Code, by the Act of June 25, 1948 (ch. 646, 62 Stat. 869) can be (also) found in the U. S. Code Congressional Service for 1948, Volume 1, starting at page A3 (page 3 of the appendix of that volume). The first section of that act contains title 28 in its entirety. Section 1 (title 28) ends on page A155 where the remainder of the act continues. A cross reference of repealed acts starts on page A165, followed on page A189 by a distribution table:

TABLES

Showing distribution in revised Title 28 of sections of the United States Code, the Canal Zone Code, the District of Columbia Code and the Judicial Code of 1911, and of Acts by popular name.


TABLE 1

UNITED STATES CODE

Sections of Title 28, United States Code, omitted from this table were omitted from revised Title 28. A few were transferred to other titles of the Code.  Sections 336, 430a, 530a, 861b and 946 of the old title were omitted but not repealed. All other omitted sections were repealed.

[Then follows the table, omitted here.]

The omitted but not repealed sections of the old title 28 are reproduced in another document.

Also in this appendix is the 1948 law enacting Title 18, ubiquitously termed "The Pamphlet", starting on page A325 with the body of Title 18 continuing to A557, with the remainder of the provisions of the law continuing to page A561.

 


 

[U. S. Code Congressional Service, 1948, Volume 1, p. A3 et seq.]

Title 28, United States Code
Judiciary and Judicial Procedure

 

 

CHAPTER 646--PUBLIC LAW 773

AN ACT
To revise, codify, and enact into law title 28 of the United States Code entitled "Judicial Code and Judiciary".

Be it enacted by the Senate and House of Representatives of the Unites States of America in Congress assembled, That:
   Title 28 of the United States Code, entitle "Judicial Code and Judiciary" is hereby revised, codified, and enacted into law, and may be cited as "Title 28, United States Code, section ---", as follows:

[Then follows the entire title 28, omitted here.]

   Sec. 2. (a)  The Chief Justices of the United States Court of Appeals for the District of Columbia, the District Court of the United States for the District of Columbia and the Court of Claims, and the presiding judge of the Court of Customs and Patent Appeals, in office on the effective date of this Act, shall be the chief judges of their respective courts.
   (b)  The provisions of title 28, Judiciary and Judicial Procedure, of the United States Code, set out in section 1 of this Act, with respect to the organization of each of the several courts therein provided for and of the Administrative Office of the United States Courts, shall be construed as continuations of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on the effective date of this Act, shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of title 28, as set out in section 1 of this Act, pursuant to his prior appointment: Provided, however, That each circuit court of appeals shall, as in said title 28 set out, hereafter be known as a United States court of appeals. No loss of rights, interruption of jurisdiction, or prejudice to matters pending in any of such courts on the effective date of this Act shall result from its enactment.
   (c)  The sum of $7,500 specified in this Act as the salary which the Assistant Director of the Administrative Office of the United States Courts shall receive, and the sum of $7,500 specified in this Act as the salary which each commissioner, whom. the Court of Claims may, appoint shall receive, shall each respectively be that basic compensation on which shall be computed and paid the additional basic compensation mentioned in section 521 of the Act of June 30, 1945 (ch. 212, 59 Stat. 301), as amended by the Act of May 24, 1946 (ch. 270, see. 6, 60 Stat. 217).
   (d)  Anything in this Act to the contrary notwithstanding, the provisions of section 14 of the Act of July 1, 1944 (ch. 358, 58 Stat. 663), are not hereby repealed.

   Sec. 3.  Section 366 of the Revised Statutes (5 U.S.C., section 315), as amended, is amended to read as follows:
   "Sec. 366.  Every attorney specially retained under authority of the Department of Justice shall be commissioned as special assistant to the Attorney General or special attorney and shall take the oath required by law.  Foreign counsel employed in special cases shall not be required to take such oath.".

   Sec. 4.  Section 5261 of the Revised Statutes (45 U. S. C., section 87) is amended to read as follows:"Sec. 5261. Any railroad company from whom payments for "freight and transportation have been withheld under the provisions of section 5260 may bring suit in the Court of Claims to recover the price of such freight and transportation.".

   Sec. 5.  Section 3 of the Act approved February 23, 1887 (chapter 210, 24 Stat. 409, 410; 21 U. S. C., section 193) is amended by striking out the present third sentence thereof, and by striking out the final sentence thereof and substituting in lieu of such final sentence the following:
   "Every package of opium or package containing opium, either in whole or in part, brought, taken, or transported, trafficked, or dealt in contrary to the provisions of this section, shall be forfeited to the United States, for the benefit of China.".

   Sec. 6.  Section 1 of the Act approved August 1, 1888 (chapter 728, 25 Stat. 357; 40 U.S.C., see. 257) is amended to read as follows:
   "That in every case in which the Secretary of the Treasury or any other officer of the Government has been, or hereafter shall be, authorized to procure real estate for the erection of a public building or for other public uses, he may acquire the same, for the United States by condemnation, under judicial process, whenever in his opinion it, is necessary or advantageous to the Government to do so, and the Attorney General of the United States, upon every application of the Secretary of the Treasury, under this Act, or such other officer, shall cause proceedings to be commenced- for condemnation within thirty days from receipt of the application at the Department of Justice.".

   Sec. 7.  Section 13 of the Act approved July 31, 1894 (chapter 1749 28'Stat. 210) is hereby amended by striking out the second paragraph thereof (5 U. S. C., section 321), and by amending the first paragraph thereof (31 U. S. C., section 84) to read as follows:
   "Sec. 13.  Before transmission to the General Accounting Office, the accounts of United States attorneys assistant attorneys, and marshals, made out and approved as required by law, and accounts relating to prisoners convicted or held for trial in any court of the United States, and all other accounts relating to the Department of Justice; shall be sent with their vouchers to the Attorney General and examined under his supervision. Before transmission to the General Accounting Office, the accounts of United States Commissioners, clerks of court and other officers of the courts of the United States, except the Supreme Court of the United States and consular courts, made out and approved as required by law, shall be sent with their vouchers to the Director of the Administrative Office of the United States Courts and examined under his supervision."

   Sec. 8.  Section 86 of the Act approved April 30, 1900 (chapter 339, 31 Stat. 158; 48 U.S.C., secs. 641, 642 643-645), as amended, is amended to read as follows:
   "Sec. 86.  The laws of the United States relating to removal of causes, appeals and other matters and proceedings as between the courts of the United States, and the courts of the several States shall govern in such matters and proceedings as between the courts of the United States and the courts of the Territory of Hawaii."

   Sec. 9.  The first paragraph of section 4 of the Act approved June 6 1900 (chapter 786, 31 Stat. 322; 48, U. S.C., section 101, first paragraph), as amended, is amended to read as follows:
   "Sec. 4.  There is hereby established a district court for the District of Alaska, with the jurisdiction of district courts of the United States and with general jurisdiction in civil, criminal, equity, and admiralty causes; and four district judges shall be appointed for the district, each at an annual salary of $15,000, who shall during their terms of office reside in the divisions of the district to which they may be respectively assigned by the President.  The court shall consist of four divisions, which shall also be recording divisions.".

   Sec. 10.  Section 7 of the Act approved June 6, 1900 (chapter 786, 31 Stat. 324; 48 U. S. C., section 106), as amended, is amended by striking out the words "Attorney General" wherever such words appear in such section, and substituting in lieu thereof the words "Director of the Administrative Office of the United States Courts"; also by striking out the seventh sentence thereof (such sentence being the third sentence after the proviso in such section) and substituting in lieu of such sentence the following: "He may appoint necessary deputies and employ other necessary clerical assistance to aid him in the expeditious discharge of the duties of. his office, with the approval of the court or judge, and, subject to the approval of the Director of the Administrative Office of the United States Courts, fix the compensation of such deputies and the compensation for such clerical assistance."

   Sec. 11.  Section 8 of the Act approved June 6, 1900 (chapter 786, 31 Stat. 324; 48 U. S. C., section 109), as amended by the Act approved March 3, 1909, ch. 269, ¤ 4, 35 Stat. 841, is amended to read as follows:
   "Sec. 8.  Four district attorneys shall be appointed for the district, one of whom shall be assigned to each division and shall reside at such place in the division as the Attorney General shall direct.  They shall each perform the duties required to be performed by United States attorneys in other districts, and such other duties as may be required by law.  The Attorney General shall fix the salaries of such district attorneys, and such attorneys shall not while in office accept retainers or engage in any other law business in the district than that pertaining to the duties of their office.  The Attorney General may, upon the recommendation of the district attorney, appoint and at pleasure remove one or more assistant district attorneys and one or more clerical assistants, who shall receive such compensation is the Attorney General shall fix, to be paid as assistant United States attorneys and clerical assistants in other districts are paid.  In the case of the death or disability of a district attorney the judge may appoint a suitable person to fill the office until his successor is appointed and qualified or until the disability is removed.".

   Sec. 12.  The first paragraph of section 9 of the Act approved June 6, 1900 (chapter 786, 31 Stat. 324; 48 U. S. C., section 110, part) is amended to read as follows:
   "Sec. 9.  Four United States marshals shall be appointed for the district, at salaries which shall be fixed by the Attorney General, one of whom shall be assigned to each division, and shall reside at such place in the division as the Attorney General shall direct.  Each marshal shall have authority and be required to appoint, subject to the approval of the Attorney General, such deputy marshals as he may deem necessary for the efficient execution of the law and the orders of the court and of the commissioners appointed as herein provided.".

   Sec. 13.  Section 10 of the Act approved June 6, 1900 (chapter 786, 31 Stat. 325; 48 U. S. C., sections 62, 63, 107, 110, 112, 113, 114) is amended to read as follows:
   "Sec. 10.  The governor, attorneys, judges, and the marshals provided for in this Act shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold their respective offices for the term of four years and until their successors are appointed and qualified, unless sooner removed by the President for cause.
   "The governor shall receive an annual salary of $10,000, payable from the Treasury of the United States.
   "The salaries of the judges, marshals, clerks, and district attorneys shall be payable from the Treasury of the United States, as like officers are paid in other districts.
   "Each clerk shall collect all money arising from the fees of his office or on any other account authorized by law to be paid to or collected by him, and shall report the same and the disposition thereof in detail, under oath, quarterly, or more frequently if required, to the court, the Director of the Administrative Office of the United States Courts, and the Secretary of the Treasury, and all public money received by him and his deputies for fees or on any other account shall be paid out by the clerk on the order of the court, duly made and signed by the judge, and any balance remaining in his hands after all payments ordered by the court shall have been made shall be by him covered into the Treasury of the United States at such times and under such rules and regulations as the Secretary of the Treasury may prescribe.  The clerk may employ, with the approval of the court, necessary clerical assistants and other employees in such number as may be approved by the Director of the Administrative Office of the United States Courts.
   "The governor shall, in addition to his salary, be paid his actual traveling and subsistence expenses when traveling in the discharge of his official duties.   The judges shall be entitled to the same travel and subsistence allowances as those of United States District Judges in other districts.  The marshals, clerks of court, and district, attorneys shall, in addition to their salaries, be paid their actual traveling and subsistence expenses in accordance with the Subsistence Expense Act of 1926 (chapter 457, 44 Stat. 688), as amended, and government travel regulations, when traveling in the discharge of their official duties.
   "Accounts for such expenses of judges, marshals, district attorneys, and clerks shall be rendered and paid as are accounts of judges, marshals, district attorneys, and clerks for like expenses in other districts.".

   Sec. 14.  The catchline to section 174 of the Act approved March 1901 (ch. 854, 31 Stat. 1218; D.C. Code, 1940 ed., section 11-401), as amended, is amended by striking out the words, "Oath; bond; deputy" and substituting in lieu thereof the word, "Deputy"; the first sentence of such section as amended, is hereby repealed, and the second sentence of such section as amended, is amended to read as follows:
   "The clerk of the United States District Court for the District of Columbia may assign any of the deputy clerks in his office to duty in the general or special terms of the court, except in the probate term.".

   Sec. 15.  Section 224 of the Act approved March 3, 1901 (chapter 854, 31 Stat. 1224, 1225; D. C. Code, 1940 ed., section 11-204), as amended by the Act approved June 30, 1902 (chapter 1329, 32 Stat. 528), is amended to read as follows:
   "Sec. 224.  Deputy clerk signing for clerk.--The deputy clerk for the United States Court of Appeals for the District of Columbia may sign the name of the clerk of such court to any official act required by law or by the practice of the court to be performed by the clerk, and may authenticate said signature by affixing the seal of the court thereto when the impress of the seal is necessary to its authentication. In such case the signature shall be--

            ____________ _____________, Clerk,
By ______________ ____________ Deputy Clerk."

   Sec. 16.  The opening paragraph of section 1108 of the Act approved March 3, 1901 (chapter 854, 31 Stat. 1363; D. C. Code 1940 ed., section 11-1501) is amended b striking out the word "commissioners" appearing therein and by also striking out the comma immediately following such word.

   Sec. 17.  Section 2 of the Act approved February 11, 1903 (chapter 544, 32 Stat. 823; 15 U. S. C., sec. 29, 49 U. S. C., sec. 45), as amended, is amended to read as follows:
   "See 2.  In every civil action brought in any district court of. the United States under any of said Acts, wherein the United States is complainant, an appeal from the final judgment of the district court will lie only to the Supreme Court.".

   Sec. 18.  The second sentence of the second paragraph of section 6 of the Act approved April 22, 1908 (chapter 149,. 35 Stat. 65, 66; 45 U. S. C., section 56), as added by the Act approved April 5, 1910 (chapter 143, section 1, 36 Stat. 291), is amended to read as follows:
   "The jurisdiction of the courts of the United States under this Act shall be concurrent with that of the courts of the several States.".

   Sec. 19.  The final sentence of section 1 of the Act approved June 19, 1912 (chapter 174, 37 Stat. 137; 40 U. S. C., section 324) is amended to read as follows:
   "Any contractor or subcontractor aggrieved by the withholding of any penalty as hereinbefore provided shall have the right within six months thereafter to appeal to the head of the department making the contract on behalf of the United States or the Territory, and in the case of a contract made by the District of Columbia to the Commissioners thereof, who shall have power to review the action imposing the penalty, and in all such appeals from such final order whereby a contractor or subcontractor may be aggrieved by the imposition of the penalty hereinbefore provided, such contractor or subcontractor may, within six months after decision by such head of a department or the Commissioners of the District of Columbia, file a claim in the Court of Claims.".

   Sec. 20.  Section 41 of the Act approved March 2, 1917 (chapter 145, 39 Stat 965; 48 U. S. C., section 863), as amended, is amended to read as follows:
   "Sec. 41.  The United States District Court for the District of Puerto Rico shall, in addition to its other jurisdiction, have jurisdiction for the naturalization of aliens and Puerto Ricans, and, for this purpose, residence in Puerto Rico shall be counted in the same manner as residence elsewhere in the United States.   Said district court shall have jurisdiction of all controversies where all of the parties on either side of the controversy are citizens or subjects of foreign State or States, or citizens of a State, Territory, or District of the United States not domiciled in Puerto Rico, wherein the matter in or value of dispute exceeds, exclusive of interest or cost, the sum or value of $3,000, and of all controversies in which there is a separable controversy are citizens or subjects of the character aforesaid.  The salaries of the judge and officials of the United States District Court for the District of Puerto Rico, together with the court expenses, shall be paid from the United States revenues in the same manner as in other United States district courts.  In case of vacancy or of the death, absence, or other legal disability on the part of the judge of the said United States District Court for the District of Puerto Rico, the President of the United States is authorized to designate one of the judges of the Supreme Court of Puerto Rico to discharge the duties of judge of said court until such absence or disability shall be removed, and thereupon such judge so designated for said service shall be fully authorized and empowered to perform the duties of said office during such absence or disability of such regular judge, and to sign all necessary papers and records as the acting judge of said court without extra compensation.".

   Sec. 21.  Section 42 of the Act approved March 2, 1917 (ch. 145, 39 Stat. 966; 48 U. S. C., section 864) is amended to read as follows:
   "See. 42.  The laws of the United States relating to appeals, certiorari, removal of causes, and other matters or proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the United States District Court for the District of Puerto Rico and the courts of Puerto Rico.
   "All pleadings and proceedings in the District Court of the United States for Puerto Rico shall be conducted in the English language.".

   Sec. 22.  Section 1 of the Act approved May 28, 1926 (chapter 411, 44 Stat. 669; 19 U. S. C., section 405a), is amended to read as follows:
   "That the Board of General Appraisers shall hereafter be known as the United States Customs Court and the members thereof shall thereafter be known as the judges of the United States Customs Court.".

   Sec. 23.  Section 2 of the Act approved January 31, 1928 (chapter 14, 45 Stat. 54), as amended, is amended to read as follows:
   "Sec. 2.  All Acts of Congress referring to writs of error shall be construed as amended to the extent necessary to substitute appeal for writ of error.".

   Sec. 24.  The first sentence of the Act approved December 20, 1928 (chapter 41, 45 Stat. 1056; D. C. Code, 1940 ed., section 11-301, first sentence) is hereby repealed, and the second and third sentences thereof (D. C. Code, 1940 ed., section 11-301, second and third sentences) are amended to read as follows:
   "The chief judge of the United States District Court for the District of Columbia shall assign from time to time, and for such period or periods as he may determine, one of the judges of the said court to hear cases involving the condemnation of land in the District of Columbia, and it shall be the primary duty of the judge so assigned to preside at the hearing of such cases, and only when not engaged in such cases shall he be subject to assignment to the other business of the court.  The chief judge may assign for service in condemnation cases any judge of said court in case of disability of the judge so serving or for any other reason."

   Sec. 25.  Subsection (a) of section 501 of the Act approved June 17, 1930 (chapter 497, Title IV, 46 Stat. 730; 19 U. S. C., section 1501 (a)), as amended, is amended by striking out the fourth sentence thereof and inserting in lieu of such sentence the following: "Every such appeal shall be transmitted with the entry and the accompanying papers by the collector to the United States Customs Court."

   Sec. 26.  Section 509 of the Act approved June 17, 1930 (chapter 497, Title IV, 46 Stat. 733; 19 U. S. C., section 1509) is amended by striking out the words, "Collectors, appraisers, and judges and divisions of the United States Customs Court" at the beginning of such section, and inserting in lieu thereof the words, "Collectors and appraisers".

   Sec. 27.  Section 3 of the Act approved May 7, 1934 (chapter 222, 48 Stat. 668; 40 U. S. C., section 13c) is amended to read as follows:
   "Sec. 3.  All other duties and work required for the operation, domestic care, and custody of the building shall be performed under the direction of the Marshal of the Supreme Court of the United States, who shall be superintendent of the United States Supreme Court Building.".

   Sec. 28.  Section 26 of the Act approved June 22, 1936 (chapter 699, section 26, 49 Stat. 1813), as amended by the Act approved August 5, 1939 (chapter 430, 53 Stat. 1203; U. S. C., 48 U. S. C., section 1405y) is amended by adding to the first paragraph thereof, the following:
   "In the case of a vacancy in the office of district attorney, the District Court of the Virgin Islands may appoint a district attorney to serve until the vacancy is filled.  The order of appointment by the court shall be filed with the clerk of court".

   Sec. 29.  Section 6 of the Act approved June 26, 1936 (chapter 831, 49 Stat. 1968; 25 U. S. C., section 505) is amended by striking out the third, fourth, and fifth sentences thereof, and substituting in lieu of such sentences the following sentence: "Within thirty days after such service or within such extended time as the trial court may permit, the Secretary of the Interior may intervene in such action or may remove such action to the United States district court."

   Sec. 30.  Section 3 of the Act approved May 24, 1940 (chapter 209, 154 Stat. 220; 28 U. S. C., 1940 edition, section 5a) is amended to read as follows:
   "Sec. 3.  The salary of the judge of the District Court of the Virgin Islands of the United States shall be at the rate of $15,000 per year.".

   See. 31.  Section 42 of Title 7 of the Canal Zone Code (48 U. S. C., section 1353) is amended by inserting at the end thereof a new subsection to read as follows:
   "e.  In case of a vacancy in the office of district attorney or marshall the district court may appoint a person to exercise the duties of the vacant office until such vacancy is filled. The order of appointment by the court shall be filed with the clerk of court."

   Sec. 32.  As used in any statute of the United States:
   "Circuit court of appeals" means a "United States court of appeals";
   "Senior circuit judge" means "chief judge of a judicial circuit";
   "Senior district judge" means "chief judge of a United States district court";
   "Chief Justice" means "chief judge" except when reference to the Chief Justice of the United States is intended;
   "Justice" means "judge" except when used with respect to a justice of the Supreme Court of the United States in his capacity as such or as circuit justice;
   "Presiding judge" means "chief judge."

   See. 33.  No inference of a legislative construction is to be drawn by reason of the chapter in Title 28, Judiciary and Judicial Procedure, as set out in section 1 of this Act, in which any any[sic] section is placed, nor by reason of the catchlines used in such title.

   See. 34.  If any part of Title 28, Judiciary and Judicial Procedure, as set out in section 1 of this Act, shall be held invalid, the remainder shall not be affected thereby.

   See. 35.  Sections 61 and 62 of Title 7 of the Canal Zone Code are hereby repealed.

   Sec. 36.  Section 1141 (a) of the Internal Revenue Code is hereby amended to read as follows:
   "The circuit courts of appeals and the United States Court of Appeals for the District of Columbia shall have exclusive jurisdiction to review the decisions of the Tax Court, except as provided in section 1254 of title 28 of the United States Code, in the same manner and to the same extent as decisions of the district courts in civil actions tried without a jury; and the judgment of any such court shall be final, except that it shall be subject to review by the Supreme Court of the United States upon certiorari, in the manner provided in section 1254 of title 28 of the United States Code."

   Sec. 37.  Section 6 of the Act approved August 7, 1946 (ch. 864, 60 Stat. 903), is amended to read as follows:
   "Sec. 6.  Whenever any claimant under this Act is dissatisfied with the action of a department or agency of the Government in either granting or denying his claim, such claimant shall have the right, within six months to file a petition with the Court of Claims or, if the claim does not exceed $10,000 in amount or suit has heretofore been brought or is brought within thirty days after the enactment of this amendatory act, with any Federal district court of competent jurisdiction, asking a determination by the court of the equities involved in such claim; and upon the filing of such a petition, the court, sitting as a court of equity, shall have jurisdiction to determine the amount, if any, to which such claimant and petitioner may (not exceeding the amount which might have been allowed by the department or agency concerned under the terms of this Act) and to enter an order directing such department or agency to settle the claim in accordance w[i]th the finding of the court; and thereafter either party may appeal from the decision if it was rendered by a district court or petition the Supreme Court for a writ of certiorari if it was rendered by the court of claims, as in other cases.  Any case heretofore brought in a district court under this section may, at the election of the petitioner to be exercised within thirty days after the enactment of this amendatory Act, be transferred to the Court of Claims for original disposition in that court."

   Sec. 38.  The provisions of this Act shall take effect on September 1, 1948.

   Sec. 39.  The sections or parts thereof of the Revised Statutes of the District of Columbia, Revised Statutes of the United States or Statutes at Large enumerated in the following schedule are hereby repealed.  Any rights or liabilities now existing under such sections or parts thereof shall not be affected by this repeal.