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TABLE 6.-OMITTED LAWS-Continued

Showing laws omitted from revised Title 28, U. S .C., and included in the schedule of repeals Continued'

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Reasons for omission and repeal

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Mar. 3, 1899 ch. 425, § 18 Impliedly repealed by section 345 of Title 28 U. S. C., 1940 (part), 30 Stat. 1154.

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Apr. 30, 1900, ch. 339, § 86
(part), 31 Stat. 158; Mar.
3, 1909, ch. 269, § 1 (part),
35 Stat. 838; July 9, 1921,
ch. 42, § 313 (part), 42
Stat. 119. (These provi-
sions repealed by omit-
ting them from a pro-
posed amendment to the
basic Act).

Apr. 30, 1900, ch. 339, § 86a,
as added June 19, 1939,
ch. 211, 53 Stat. 841.
Mar. 2, 1917, ch. 145, § 46,
39 Stat. 966.

Feb. 12, 1940, ch. 25, § 1,
54 Stat. 22.

Mar. 2, 1917, ch. 145, § 55,
39 Stat. 968.

Jan. 7, 1913, ch. 6, 37 Stat.
648.

ed. See sections 1252 and 1253 of this revision and reviser's notes relating thereto. See, also, U. S. v. Belt, 1943, 63 S. Ct. 1278, 319 U. S. 521, 87 L. Ed. 1559. Covered by sections 2 and 140 of this revision.

A separate section in the bill to enact this revision amends the first paragraph of section 9 of Act June 6, 1900, ch. 786, 31 Stat. 324, to incorporate these provisions requiring the appointment of four marshals in Alaska, and their resi dence in the divisions to which they have been assigned. Superseded by sections of this revision incorporating the district court of the United States for the District of Hawaii in the revision. See for example,, sections 91, 132 et seq., 451, 501, 504, 541, 631, 751, 753, and 1295 of this revision.

Covered by section 2072 of this revision.

Superseded by the Administrative Act of 1939. See section 604 of this revision.

Covered by section 2072 of this revision.

Section was repealed as executed.

Superseded by section 863 of Title 48 U. S. C., as last
amended by Act, Mar. 26, 1938, ch. 51, § 2, 52 Stat. 118,
parts of which are incorporated in sections 119, 134, 501,
504, 541, 631, 751 of this revision, and remainder of which
is retained in said Title 48. See also, sections 604 and
610 of this revision.

May 29, 1928, ch. 904, § 1, Superseded by section 5a of Title 28 U. S. C., 1940 ed. (Act,
45 Stat. 997.
May 24, 1940, ch. 209 § 3, 54 Stat. 220) which, as amended
by a separate section in the bill to enact this revision, is
to be transferred to Title 48 U. S. C.

TABLE 7.-DISTRICT OF COLUMBIA CODE OMITTED LAWS Showing laws heretofore contained in the District of Columbia Code, 1940 edition, but repealed in the course of the revision of title 28, U. S. C.

The citation in the first column gives the section number in the D. C. Code, 1940 ed. The citation in the second column indicates the corresponding Statutes at Large, or parts thereof. The reasons for omission and repeal are given in the third column.

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Revised Statutes or
Statutes at Large

Mar. 3, 1901, ch. 854, § 560,
31 Stat. 1279.

Mar. 3, 1901, ch. 854, § 61,
31 Stat. 1199.
Mar. 3, 1901, ch. 854, § 62,
31 Stat. 1199; June 30,
1902, ch. 1329, 32 Stat. 522.
Mar. 3, 1901, ch. 854, § 67;
Apr. 19, 1920, ch. 153, 41
Stat. 556.

Mar. 3, 1901, ch. 854, § 174,
first sentence, 31 Stat.
1218.

Mar. 3, 1901, ch. 854, § 187,
31 Stat. 1220.

Mar. 3, 1901, ch. 854, § 1113,
31 Stat. 1366.

Mar. 3, 1901, ch. 854, § 1062,
31 Stat. 1357; June 30,
1902, ch. 1329, 32 Stat. 540.

Reasons for omission and repeal

Covered by rule 28 of the Federal Rules of Civil Procedure, and sections 92 and 92a of title 5, U. S. C., 1940 ed. Covered by sections 132 et seq. of this revision.

No longer necessary as the District Court for the District of Columbia is made a district court of the United States by sections 88 and 132 of this revision.

Provisions are unnecessary. Such administrative matters are more suitable for regulation by rule of court than by statute.

Covered by sections 951 and 952 of this revision.

Covered by sections 551 and 1921 of this revision.

Section was almost identical with 28 U. S. C,, 1940 ed., § 597, which is incorporated in section 633 of this revision. Such section 633 is sufficient.

Covered by rule 45 of the Federal Rules of Civil Procedure, and rule 17 of the Federal Rules of Criminal Procedure.

TABLE 8.-TRANSFERRED SECTIONS

Showing sections in title 28, U. S. C., 1940 edition, which have been transferred or recommended for transfer, to titles other than revised title 28, or to the District of Columbia Code, 1940 edition.

The first column indicates the sections in title 28, U. S. C., 1940 edition. The second column indicates the tille in the United States Code to which each section in the first column has been transferred or recommended for transfer. When title 18 is indicated in the second column such reference is to revised title 18, U. S. C., incorporated in H. R. 3190, 80th Congress, 1st Session.

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Not included in the revision of title 18, U. S. C., but omitted and repealed in the course of that revision. See, omitted laws table in Report No. 304, to accompany H. R. 3190, 80th Congress, 1st Session.

TABLE 9.-OMITTED SECTIONS NOT TO BE REPEALED Sections of title 28 U. S. C., 1940 ed., omitted from this revision but not to be repealed

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336

530a.

861b.

946..

This section merely provides the authority for an appropriation to carry into effect
the provisions of secs. 332-335 of title 28 U. S. C., 1940 ed. (secs. 411, 412, 673 of this
revision), and is unnecessary in the revision.

Provisions relate to a subject mo e properly regulated by individual appropriation
Acts, and, in any event, are not necessary in a Code.

This section is amen el in a separate section of the bill to enact this revision, but it is
omitted from the revision of title 28 as it is general in nature. It provides the au-
thority to substitute "appeal" for "writ of errot" wherever the latter words appear
in various titles of the Cole. The writ of error was abolished by the same act.
This section preserved the existing authority of Federal agencies to settle tort claims
not cognizable under section 2672 of this revision. Certain enumerate laws grant-
ing such authority were specifically repealed by section 424 (a) of the Federal Tort
Claims Act (Aug. 2, 1946, ch. 753, title IV, § 401 et. seq.) which section was also
omitted from this revision. These provisions were not included in this revision as
they are not properly a part of a code of general and permanent law.

TABLE 10.-CROSS. REFERENCES FOR TITLE 28

Showing under specified sections and chapters of revised title 28, related subject matter in other sections and chapters of this title and other titles of the United States Code, 1940 edition.

PART I. ORGANIZATION OF COURTS

District of Columbia, organization of courts, see title 11 of District of Columbia Code, 1940 ed.

CHAPTER 1. SUPREME COURT

Allotment of Supreme Court Justices to circuits, see section 42 of this title. Circuit justices competent to sit as judges of the courts of appeals, see section 43 of this title.

Jurisdiction of Supreme Court, see sections 1251 et seq. of this title.

Section 1

Appointment of Supreme Court Justices, see U. S. Const., Art. 2, § 2, cl. 2.
Creation of Supreme Court, see U. S. Const., Art. 3, § 1.

Justices to hold office during good behavior, see U. S. Const., Art. 3, § 1.
Oath of Justice, see section 453 of this title.

Official station of Supreme Court Justices, see section 456 of this title.
Section 2

Courts always open, see section 452 of this title.

Official station of Supreme Court Justices, see section 456 of this title. Section 5

Compensation not to be diminished during continuance in office, see U. S. Const. Art. 3, § 1.

Payment of salaries by Marshal of Supreme Court, see section 672 of this title. Retirement of Justices, see sections 371 et seq. of this title.

Traveling and subsistence expenses of Justices, payment of, see section 456 of this title.

CHAPTER 3. COURTS OF APPEALS

Jurisdiction of courts of appeals, see sections 1291 et seq. of this title. Section 43

Assignment of circuit judges to other circuits or courts, see sections 291 et seq. of this title.

Authority to create courts inferior to Supreme Court, see U. S. Const., Art. 3, § 1.

Section 44

Assignment of circuit judges to other circuits or courts, see sections 291 et seq. of this title.

Compensation not to be diminished during continuance in office, see U. S. Const. Art. 3, § 1.

Judges to hold office during good behavior, see U. S. Const., Art. 3, § 1.

Oath of judge, see section 453 of this title.

Official station of circuit judges, see section 456 of this title.

Payment of salaries by United States marshal, see section 550 of this title.
Retirement of judges, see sections 371 et seq. of this title.

Section 48

Courts always open, see section 452 of this title.

CHAPTER 5. DISTRICT COURTS

Alaska, Canal Zone, and Virgin Islands district courts, see sections 101, 1344, 1405x, and 1405z of title 48.

Jurisdiction and venue of district courts, see sections 1331 et seq. and 1391 et seq. of this title.

Temporary judicial districts in newly acquired territories, see section 1453a of title 48.

Three-judge courts, composition, see section 2284 of this title.

Section 132

Alaska, Canal Zone, and Virgin Islands district courts, see sections 101, 1344, and 1405x of title 48.

Assignment of district judges to other districts or courts, see sections 292 et seq. of this title.

Authority to create courts inferior to Supreme Court, see U. S. Const., Art. 3, § 1.

Jurisdiction and venue of district courts, see sections 1331 et seq. and 1391 et seq. of this title.

Three-judge courts, composition and procedure, see section 2284 of this title. Section 133

Alaska, Canal Zone, and Virgin Islands, appointment and number of district judges, see sections 101, 112, 1344, 1350, 1353, and 1405y of title 48.

Assignment of district judges to other districts or courts, see sections 292 et seq. of this title.

Judges to hold office during good behavior, see section 134 of this title and U. S. Const., Art. 3, § 1.

Oath of judge, see section 453 of this title.

Section 134

Alaska and Canal Zone district judges, tenure and residence, see sections 101, 112, and 1353 of title 48.

Judges to hold office during good behavior, see U. S. Const., Art. 3, § 1.

Official station of district judges, see section 456 of this title.

Virgin Islands district judge, tenure, see section 1405y of title 48.

Section 135

Alaska district judges, salaries, see section 101 of title 48.

Canal Zone district judge, salary, see section 1348 of title 48.

Compensation not to be diminished during continuance in office, see U. S.

Const. Art. 3, § 1.

Payment of salaries by marshal, see section 550 of this title.

Retirement of judges, see sections 371 et seq. of this title.

Virgin Islands district judge, salary, see section 1392a of title 48.

Section 138

Alaska, Canal Zone and Virgin Islands district courts, times for holding terms, see sections 102, 1344 and 1405z of title 48.

Courts always open, see section 452 of this title.

Section 141

Alaska, Canal Zone and Virgin Islands district courts, times for holding terms, see sections 102, 1344 and 1405z of title 48.

CHAPTER 7. COURT OF CLAIMS

Jurisdiction of Court of Claims, see sections 1491 et seq. of this title. Section 171

Oath of judge, see section 453 of this title.

Official station of Court of Claims judges, see section 456 of this title. Section 173

Retirement of judges, see sections 371 et seq. of this title.

Section 174

Courts always open, see section 452 of this title.

Official station of Court of Claims judges, see section 456 of this title.

CHAPTER 9. COURT OF CUSTOMS AND PATENT APPEALS

Jurisdiction of Court of Customs and Patent Appeals, see sections 1541, et seq.

of this title.

Section 211

Oath of judge, see section 453 of this title.

Official station of judges of the Court of Customs and Patent Appeals, see sec

tion 456 of this title.

Section 213

Retirement of judges, see sections 371 et seq. of this title.

Section 214

Courts always open, see section 452 of this title.

Section 216

Distribution of reports and digests, see sections 411 et seq. of this title.

CHAPTER 11. CUSTOMS COURT

Jurisdiction of Customs Court, see sections 1581 et seq. of this title.

Section 251

Oath of judge, see section 453 of this title.

Official station of Customs Court judges, see section 456 of this title.

Section 252

Payment of salaries by United States marshal, see section 550 of this title.
Retirement of judges, see sections 371 et seq. of this title.

Section 254

Courts always open, see section 452 of this title.

CHAPTER 13. TAX COURT

Jurisdiction of Tax Court, see section 1621 of this title.

Section 271

Oath of judge, see section 453 of this title.

Official station of Tax Court judges, see section 456 of this title. Section 275

Official station of Tax Court judges, see section 456 of this title. Section 276

Courts always open, see section 452 of this title.

Section 371

CHAPTER 19. RESIGNATION AND RETIREMENT OF JUDGES

Justices and judges appointed to hold office during good behavior-
Court of Claims, see section 173 of this title.

Court of Customs and Patent Appeals, see section 213 of this title.
Courts of Appeals, see U. S. Const., Art. 3, § 1.

Customs Court, see section 252 of this title.

District Courts,, see U. S. Const., Art. 3, § 1.
Supreme Court,, see U. S. Const., Art. 3, § 1.

Section 372

Justices and judges appointed to hold office during good behavior—
Court of Claims, see section 173 of this title.

Court of Customs and Patent Appeals, see section 213 of this title.
Courts of Appeals, see U. S. Const., Art. 3, § 1.

Customs Court, see section 252 of this title.

District Courts, see U. S. Const., Art. 3, § 1.
Supreme Court, see U. S. Const., Art. 3, § 1.

Section 411

CHAPTER 21. DISTRIBUTION OF REPORTS AND DIGESTS

Printing and binding for Supreme Court, see section 676 of this title. Section 412

Prices for bound volumes of its decisions to be fixed by Supreme Court or Chief Justice, see section 676 of this title.

CHAPTER 23. GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES Section 452

District courts always open, see rule 77 (a) of the Federal Rules of Civil Procedure set out following section 2072 of this title.

Section 455

Disqualification of trial judge to hear appeal, see section 47 of this title.

60852-47-17

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