Online Attorney

Online Attorney

Personal-Injury-Law

Personal-Injury-Law





Online Attorney







t of the Coast Guard, by 1946 Reorganization Plan No. 3, Secs. 101-104, effective July 16, 1946 (11 F.R. 7875, 60 Stat. 1097). It substitutes, in such section 411(a), "Director of the Bureau of Land Management" for "Commissioner of the General Land Office," in view of section 403 of such plan which abolished the General Land Office and created the Bureau of Land Management, headed by a Director. It inserts as new, in such section 411(a), references to the Secretary of Defense, Secretary of the Air Force, and Judge Advocate General of the Air Force, in view of the creation of the National Military Establishment, headed by the Secretary of Defense, and the establishment of the Department of the Air Force in 1947. Subsection (b) of this section redesignates, in section 411(b) of title 28, U.S.C., the Secretary of War as "Secretary of the Army," for the reasons stated above, and corrects a typographical error in the word "court-martial". AMENDMENTS 1952 - Act July 10, 1952, amended section generally to provide for flexibility in the printing and distribution of the reports under congressional control. 1951 - Subsec. (c). Act Oct. 31, 1951, in second par., substituted "Secretary of the Army" for "Secretary of War". 1949 - Subsec. (a). Act May 24, 1949, Sec. 68(a), inserted "Secretary of Defense", "Secretary of the Air Force", and "Judge Advocate General of the Air Force" where appearing, and substituted "Secretary of the Army" for "Secretary of War", "Department of the Army" for "War Department", "Director of the Bureau of Land Management" for "Commissioner of the General Land Office", "Commissioner of Customs, Commandant of the Coast Guard" for "Chief of the Bureau of Marine Inspection", and "Chief of Forest Service, Department of Agriculture" for "Chief Forester, National Park Service, Department of the Interior". Subsec. (b). Act May 24, 1949, Sec. 68(b), substituted "Secretary of the Army" for "Secretary of War" and "Court-martial" for "courtmartial". -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 676 of this title. -End- -CITE- 28 USC Sec. 412 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS -HEAD- Sec. 412. Sale of Supreme Court reports -STATUTE- The Public Printer, or other printer designated by the Supreme Court of the United States shall print such additional bound volumes and preliminary prints of such reports as may be required for sale to the public. Such additional copies shall be sold by the Superintendent of Documents, as provided by law. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 906; July 10, 1952, ch. 632, Sec. 5, 66 Stat. 541.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 335 (Mar. 3, 1911, ch. 231, Sec. 228, 36 Stat. 1155; July 1, 1922, ch. 267, Sec. 4, 42 Stat. 818; May 29, 1926, ch. 425, Sec. 2, 44 Stat. 677). Authority for making an appropriation to carry into effect the provisions of this section is contained in section 336 of title 28, U.S.C., 1940 ed., acts July 1, 1922, ch. 267, Sec. 5, 42 Stat. 818; May 29, 1926, ch. 425, Sec. 3, 44 Stat. 678, which is omitted, but not repealed, as unnecessary in this revision. Reference to digests was omitted to conform to administrative practice. (See section 604(a)(9) of this title.) Changes were made in phraseology. AMENDMENTS 1952 - Act July 10, 1952, permitted Superintendent of Documents to sell reports under same terms as other Government publications. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 676 of this title. -End- -CITE- 28 USC Sec. 413 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS -HEAD- Sec. 413. Publications; distribution to courts -STATUTE- Distribution of publications to Federal courts in accordance with the provisions of this chapter shall not be made to any place where such court is held in a building not owned or controlled by the United States unless such publications are committed to the custody of an officer of the United States at such building. The Attorney General and the Director in the procurement of law books, books of reference or periodicals may exchange or sell similar items and apply the allowance or proceeds to payment in whole or in part of the cost of the items procured. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 906; May 24, 1949, ch. 139, Sec. 69, 63 Stat. 100; July 10, 1952, ch. 632, Sec. 6, 66 Stat. 541.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on section 1131 of title 26, U.S.C., 1940 ed., Internal Revenue Code, title 28, U.S.C., 1940 ed., Secs. 337, 530 (Mar. 3, 1911, ch. 231, Sec. 229, 36 Stat. 1155; Mar. 2, 1929, ch. 488, Sec. 1, 45 Stat. 1475; May 10, 1934, ch. 277, Sec. 512, 48 Stat. 758; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Feb. 10, 1939, ch. 2, Sec. 1131, 53 Stat. 163; May 14, 1940, ch. 189, title IV, 54 Stat. 210; July 2, 1942, ch. 472, title IV, 56 Stat. 504; June 28, 1943, ch. 173, title II, Sec. 201, 57 Stat. 243; June 26, 1944, ch. 277, Sec. 203, 58 Stat. 358; May 21, 1945, ch. 129, title IV, 59 Stat. 200; July 5, 1946, ch. 541, title IV, 60 Stat. 480.) Section consolidates provisions of section 1131 of title 26, U.S.C., 1940 ed., relating to expenditures for "lawbooks" for the Tax Court of the United States, with sections 337 and 530 of title 28, U.S.C., 1940 ed., relating to purchase and distribution of reporter and digest volumes. Other provisions of section 1131 of title 26, U.S.C., 1940 ed., are incorporated in section 604 of this title. Provisions of section 530 of title 28, U.S.C., 1940 ed., limiting the price to be paid for volumes of the Federal Reporter and other similar reports were omitted after consultation with the Administrative Office of United States Courts as more properly covered by current appropriation acts. Similar provisions relating to the Federal Digest and the United States Code Annotated were omitted as covered in current appropriation acts. (See Act June 29, 1944, ch. 286, title II, Sec. 212, 58 Stat. 361, 387.) Provisions of said section 337 of title 28, U.S.C., 1940 ed., that books are to remain United States property, so marked, and transmitted to successors in office of persons receiving them, were omitted as covered by section 414 of this title. Similar provisions in said section 530 of title 28, U.S.C., 1940 ed., are incorporated in section 414 of this title. Provision in section 337 of title 28, U.S.C., 1940 ed., for distribution to the Court of Appeals and District Court for the District of Columbia was omitted as covered by the phrase "Each place where a circuit court of appeals or district court is regularly held." The revised section is extended to include the Customs Court as well as the Court of Claims and Court of Customs and Patent Appeals. All judges receive the Supreme Court reports and digests under section 411 of this title. Presumably the Congress did not intend to deny distribution of the Federal Reporter and digests to the Customs Court while providing for all other courts under said section 337. The revised section provides for distribution of volumes to the judiciary by the Director of the Administrative Office of the United States Courts. (See reviser's note under section 411 of this title.) Similar publications are purchased by the Marshal of Supreme Court for the use of the Court. (See section 672(5) of this title.) The provisions of section 337 of title 28, U.S.C., 1940 ed., requiring annual estimates and disbursement of moneys for the volumes under this section were omitted. Such provisions are covered by appropriate sections of title 31, U.S.C., 1940 ed., Money and Finance. Provision of section 337 of title 28, U.S.C., 1940 ed., as to custody, use, and delivery to successors was omitted as obsolete on advice of the Administrative Office of the United States Courts. Numerous changes were made in phraseology and superfluous language was omitted. SENATE REVISION AMENDMENT As finally enacted, part of act July 9, 1947, ch. 211, title IV, 61 Stat. 306, which was classified to Title 28, U.S.C., 1946 ed., Sec. 530, became one of the sources of this section and was accordingly included in the schedule of repeals by Senate amendment. See 80th Congress Senate Report No. 1559. Although section 1131 of Title 26, U.S.C. (Internal Revenue Code) is one of the sources of this section, it was struck out of the schedule of repeals by Senate amendment and accordingly remains in Title 26. See 80th Congress Senate Report No. 1559. 1949 ACT Subsection (a) of this section eliminates from section 413 of title 28, U.S.C., the provision for furnishing books to the Tax Court, which procures books under section 1131 of the Internal Revenue Code (26 U.S.C., 1946 ed., Sec. 1131). Subsection (b) of this section incorporates in section 413 of title 28, U.S.C., with changes in phraseology, the provisions of act of June 3, 1948 (ch. 400, title II, Sec. 204, 62 Stat. 321), which was not incorporated in title 18 when the revision was enacted. As amended, section 413 is expanded to give like authority with respect to procurement of books to the Director of the Administrative Office of the United States Courts, as well as to the Attorney General, to prevent an obvious inconsistency. AMENDMENTS 1952 - Act July 10, 1952, amended section generally, and permitted delivery of publication to buildings controlled by the Government as well as to buildings owned by it. 1949 - Act May 24, 1949, struck out reference to the Tax Court in former provisions enumerating judges and courts to receive certain publications, and inserted provisions set out as second par. -End- -CITE- 28 USC Sec. 414 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS -HEAD- Sec. 414. Transmittal of books to successors -STATUTE- All government publications and law books furnished to justices, judges, clerks of courts, and United States attorneys of the United States and its territories and possessions, and other officers of the United States or an agency thereof shall be transmitted to their successors in office. All permanent or bound books and publications furnished under this chapter except those books furnished to the Library of Congress for international exchange shall remain the property of the United States and shall be marked plainly, "The Property of the United States". -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 906; Pub. L. 87-845, Sec. 7, Oct. 18, 1962, 76A Stat. 699.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 90 of title 5, U.S.C., 1940 ed., Executive Departments and Government Officers and Employees, section 530 of title 28, U.S.C., 1940 ed., and section 92 of title 44, U.S.C., 1940 ed., Public Printing and Documents (Aug. 7, 1882, ch. 433, Sec. 1, 22 Stat. 336; Jan. 12, 1895, ch. 23, Sec. 74, 28 Stat. 620; June 20, 1936, ch. 630, Secs. 11, 12, 49 Stat. 1552, 1553; May 14, 1940, ch. 189, title IV, 54 Stat. 210; June 28, 1941, ch. 258, title IV, 55 Stat. 301; July 2, 1942, ch. 472, title IV, 56 Stat. 504; June 28, 1943, ch. 173, title II, Sec. 201, 57 Stat. 243; June 26, 1944, ch. 277, Sec. 203, 58 Stat. 358; May 21, 1945, ch. 129, title IV, 59 Stat. 200; July 5, 1946, ch. 541, title IV, 60 Stat. 480). Section consolidates section 90 of title 5, U.S.C., 1940 ed., providing that "statutes" shall be delivered to successors of United States attorneys and clerks and provisions of section 530 of title 28, U.S.C., 1940 ed., requiring that all lawbooks for judges and others shall be marked as property of the United States and shall be transmitted to their successors, with section 92 of title 44, U.S.C., 1940 ed., relating to transmittal of "Government publications." Words "All Government publications and lawbooks" and "furnished under this chapter" were used to cover "all statutes" and "The Federal Reporter and continuations thereto." Words "justices and judges of the United States" were substituted for "United States judges" in conformity with uniform use of the phrase to describe all members of the Federal judiciary. Similar provisions in sections 334 and 377 of title 28, U.S.C., 1940 ed., were therefore omitted as covered by this revised section. Other provisions of said section 530 of title 28, U.S.C., 1940 ed., were omitted. (See reviser's note under section 413 of this title.) The words "permanent or bound" were inserted in the last sentence of the revised section to obviate the wasteful practice under existing law of marking temporary pamphlets. Changes were made in phraseology. SENATE REVISION AMENDMENT As finally enacted, part of act July 9, 1947, ch. 211, title IV, 61 Stat. 306, which was classified to Title 28, U.S.C., 1946 ed., Sec. 530, became one of the sources of this section and was accordingly included in the schedule of repeals by Senate amendment. See 80th Congress Senate Report No. 1559. AMENDMENTS 1962 - Pub. L. 87-845 substituted "furnished to justices, judges, clerks of courts, and United States attorneys of the United States and its territories and possessions, and other officers of the United States or an agency thereof" for "furnished to justices and judges of the United States and of the Territorial Courts, United States attorneys, clerks of courts, and other officers of the United States". EFFECTIVE DATE OF 1962 AMENDMENT Section 25 of Pub. L. 87-845 provided that: "This Act [enacting section 4210 of Title 18, Crimes and Criminal Procedure, and section 858 of Title 50, War and National Defense, and amending this section, sections 547, 1404, and 1406 of this title, section 14 of Title 18, section 1934 of Title 22, Foreign Relations and Intercourse, section 196 of Title 24, Hospitals and Asylums, and sections 191a and 191b of Title 50] takes effect January 2, 1963. Laws enacted after January 9, 1962, that are inconsistent with this Act, supersede it to the extent of the inconsistency." -End- -CITE- 28 USC Sec. 415 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 19 - DISTRIBUTION OF REPORTS AND DIGESTS -HEAD- [Sec. 415. Repealed. Pub. L. 97-164, title I, Sec. 113, Apr. 2, 1982, 96 Stat. 29] -MISC1- Section, acts June 25, 1948, ch. 646, 62 Stat. 906; May 24, 1949, ch. 139, Sec. 70, 63 Stat. 100, provided for distribution of copies of decisions of Court of Claims. See section 174(b) of this title. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as an Effective Date of 1982 Amendment note under section 171 of this title. -End- -CITE- 28 USC CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES -HEAD- CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES -MISC1- Sec. 451. Definitions. 452. Courts always open; power unrestricted by expiration of sessions.(!1) 453. Oath of justices and judges.(!1) 454. Practice of law by justices and judges. 455. Disqualification of justice, judge, or magistrate judge. 456. Traveling expenses of justices and judges; official duty stations. 457. Records; obsolete papers. 458. Relative of justice or judge ineligible to appointment. 459. Administration of oaths and acknowledgments. 460. Application to other courts. 461. Adjustments in certain salaries. 462. Court accommodations. 463. Expenses of litigation. AMENDMENTS 1982 - Pub. L. 97-164, title I, Secs. 115(a)(2), (b)(2), (c)(2), 116(b), Apr. 2, 1982, 96 Stat. 31, 32, inserted "; official duty stations" in item 456, substituted "other courts" for "Canal Zone, Guam and Virgin Islands" in item 460, and added items 462 and 463. 1978 - Pub. L. 95-598, title II, Secs. 214(c), 217(b), Nov. 6, 1978, 92 Stat. 2661, struck out "Alaska," after "Application to" in item 460 and struck out reference to referees in bankruptcy in item 455. 1975 - Pub. L. 94-82, title II, Sec. 205(a)(2), Aug. 9, 1975, 89 Stat. 422, added item 461. 1974 - Pub. L. 93-512, Sec. 2, Dec. 5, 1974, 88 Stat. 1610, substituted "Disqualification of justice, judge, magistrate, or referee in bankruptcy" for "Interest of justice or judge" in item 455. 1963 - Pub. L. 88-139, Sec. 3(b), Oct. 16, 1963, 77 Stat. 248, substituted "power unrestricted by expiration of sessions" for "powers unrestricted by terms" in item 452. 1951 - Act Oct. 31, 1951, ch. 655, Sec. 42, 65 Stat. 725, inserted ", Guam" in item 460. -CHANGE- CHANGE OF NAME Words "magistrate judge" substituted for "magistrate" in item 455 pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of this title. -FOOTNOTE- (!1) So in original. Does not conform to section catchline. -End- -CITE- 28 USC Sec. 451 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 21 - GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES -HEAD- Sec. 451. Definitions -STATUTE- As used in this title: The term "court of the United States" includes the Supreme Court of the United States, courts of appeals, district courts constituted by chapter 5 of this title, including the Court of International Trade and any court created by Act of Congress the judges of which are entitled to hold office during good behavior. The terms "district court" and "district court of the United States" mean the courts constituted by chapter 5 of this title. The term "judge of the United States" includes judges of the courts of appeals, district courts, Court of International Trade and any court created by Act of Congress, the judges of which are entitled to hold office during good behavior. The term "justice of the United States" includes the Chief Justice of the United States and the associate justices of the Supreme Court. The terms "district" and "judicial district" means the districts enumerated in Chapter 5 of this title. The term "department" means one of the executive departments enumerated in section 1 of Title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government. The term "agency" includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 86-3, Sec. 10, Mar. 18, 1959, 73 Stat. 9; Pub. L. 89-571, Sec. 3, Sept. 12, 1966, 80 Stat. 764; Pub. L. 95-598, title II, Sec. 213, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 96-417, title V, Sec. 501(10), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97-164, title I, Sec. 114, Apr. 2, 1982, 96 Stat. 29.) -MISC1- HISTORICAL AND REVISIONS NOTES This section was inserted to make possible a greater simplification in consolidation of the provisions incorporated in this title. The definitions of agency and department conform with such definitions in section 6 of revised title 18, U.S.C. (H.R. 3190, 80th Cong.). SENATE REVISION AMENDMENT Those provisions of this section which related to the Tax Court were eliminated by Senate amendment. See 80th Congress Senate Report No. 1559. -REFTEXT- REFERENCES IN TEXT Section 1 of Title 5, referred to in text, is section 1 of former Title 5, Executive Departments and Government Officers and Employees, the provisions of which are covered by section 101 of Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1982 - Pub. L. 97-164 struck out references to the Court of Claims and to the Court of Customs and Patent Appeals in the definitions of "court of the United States" and "judge of the United States". 1980 - Pub. L. 96-417 redesignated the Customs Court as the Court of International Trade. 1978 - Pub. L. 95-598 directed the amendment of section by inserting references to bankruptcy courts and bankruptcy judges, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95-598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 1966 - Pub. L. 89-571 removed the United States District Court for the District of Puerto Rico from the definition of "court of the United States". 1959 - Pub. L. 86-3 substituted "including the United States District for the District of Puerto Rico" for "including the district courts of the United States for the districts of Hawaii and Puerto Rico" in provisions defining "court of the United States". EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as a note under section 251 of this title. EFFECTIVE DATE OF 1959 AMENDMENT Section 10 of Pub. L. 86-3 provided that the amendment made by section 10 of Pub. L. 86-3 shall be effective on admission of the State of Hawaii into the Union. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding 491 of Title 48, Territories and Insular Possessions. "CIRCUIT COURT OF APPEALS;" "SENIOR CIRCUIT JUDGE," ETC. DEFINED Section 32 of act June 25, 1948, as amended by act May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107, provided that: "(a) All laws of the United States in force on September 1, 1948, in which reference is made to a 'circuit court of appeals'; 'senior circuit judge'; 'senior district judge'; 'presiding judge'; 'chief justice', except when reference to the Chief Justice of the United States is intended; or 'justice', except when used with respect to a justice of the Supreme Court of the United States in his ca

Online Attorney




Read this important disclaimer

If you experience unusual problems with this site please email the webmaster.

Copyright: David Matheny, 2006-2008.