Aliens and Nationality, provided a different method of accounting and an exception expressly referring to such section was inserted in this section.

Changes were made in phraseology.

SECTION 752-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 5b and 128 (Mar. 3, 1911, ch. 231, § 118b, as added Feb. 17, 1936, ch. 75, 49 Stat. 1140; 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).

This section consolidates provisions of sections 5b and 128 of title 28, U. S. C., 1940 ed., relating to appointment of law clerks for district judges.

Words in section 128 of title 28, U. S. C., 1940 ed., "but there shall not be appointed more than thirty-five of such law clerks during the first fiscal year of the enactment of this section" were omitted as executed and obsolete. Words "Thereafter such number in excess of thirty-five per year shall be limited by necessity of each case as hereinabove provided" were also deleted as superseded by section 5b of said title and obsolete. The Director of the Administrative Office has expressed such views. Chief judge of the circuit was substituted for senior circuit judge to conform to section 44 of this title.

Provisions of section 128 of title 28, U. S. C., 1940 ed., relating to salary or compensation of such clerks are incorporated in section 604 of this title. (See reviser's note under that section.)

The provisions in section 5b of title 28, U. S. C., 1940 ed., that district judges shall not appoint more than three law clerks in any one circuit was not repeated in the Judiciary Appropriation Acts, 1944, 1945 and 1946, 57 Stat. 242, 58 Stat. 357, 59 Stat. 196, ch. 129. The Director of the Administrative Office for United States Courts advises that as a matter of fact, more than three law clerks are serving district judges in several of the circuits at the present time. Consequently the limitation is omitted from this section.

The provision for appointment of secretaries is new. Existing law fixes compensation of secretaries but makes no provision for their appointment. (See section 604 of this title and reviser's note thereunder.) Minor changes were made in phraseology.

SECTION 753-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 9a (a) (b) (c) (d), and section 644 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions Apr. 30, 1900, ch. 339, § 86, 31, Stat. 158; Mar. 3, 1909, ch. 269, §1, 35 Stat. 838; Mar. 3, 1911, ch. 231, § 5a, as added Jan. 20, 1944, ch. 3, § 1 (a) (b) (c) (d), 58 Stat. 5, 6, 7; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; July 9, 1921, ch. 42, § 313, 42 Stat. 119; June 1, 1922, ch. 204, title II, 42 Stat. 614, 616; Jan. 3, 1923, ch. 21, title II, 52 Stat. 1084; Feb. 12, 1925, ch. 220, 43 Stat. 890).

Section consolidates section 9a (a) (b) (c) (d) of title 28, U. S. C., 1940 ed., and part of section 644 of title 48, U. S. C., 1940 ed., relating to reporters.

The provisions of section 644 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions, relating to clerks and deputy clerks,

were incorporated in section 751 of this title. The provision of said section 644 fixing the salary of the reporter at $1,200 per annum was omitted as inconsistent with this section. Certain other provisions of said section 644 were also omitted. (See reviser's note under section 751 of this title.)

Words "including the District Court of the United States for the District of Columbia, and the district courts in the territories and insular possessions" were omitted as covered by "Each district court in the United States, the District Court for the Territory of Alaska, the United States District Court for the District of the Canal Zone, and the District Court of the Virgin Islands." (See reviser's note under section 88 of this.title. The courts in Hawaii and Puerto Rico are district courts of the United States under definitive section 451 of this title.

Words "for the performance of the duties combined" were substituted for "therefor, as provided by subsection (c) hereof, any provision of law to the contrary notwithstanding".

Subsections (e) and (f) of this section incorporate part of the provisions of subsection 9a (c) of title 28, U. S. C., 1940 ed. The other provisions of said subsection are incorporated in sections 550 and 1915 of this title.

The last paragraph of subsection (b) of this section was revised to conform with the language of section 556 of title 28, U. S. C., 1940 ed., providing for inspection of books in the offices of clerks of district courts. Such section 556 will be omitted, however, as more properly coverable by rule of court.

SECTION 754-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 117 (Mar. 3, 1911, ch. 231, § 56, 36 Stat. 1102).

Word "action" was substituted for "suit", in view of Rule 2 of the Federal Rules of Civil Procedure.

Section 117 of title 28, U. S. C., 1940 ed., applied to land or other property of a fixed character lying in different States within the same circuit. Words "property, real, personal or mixed, situated in different districts", were inserted to broaden the scope of this section to cover all property in different districts without respect to situs "within different states within same judicial circuit".

The revised section permits the receiver appointed by any district court to control all property of the defendant in whatever district the property is situated. The provisions of section 117 of title 28 U. S. C., 1940 ed., for divesting the receiver's jurisdiction and control of property in other districts upon disapproval by the circuit court of appeals or a judge thereof of the circuit embracing the district of appointment was omitted as unnecessary in view of sections 1292 and 2107 of this title. Said section 1292 provides for review of the order of appointment and the directions of the reviewing court will control the receiver.

Provisions of section 117 of title 28, U. S. C., 1940 ed., relating to process are the basis of section 1692 of this title.

Under section 117 of title 28 U. S. C., 1940 ed., failure to file copies of the complaint and order of appointment in any district where part of the property was located divested the receiver of jurisdiction over

all the property except that part located in the State where the suit was brought. This has been changed by limiting the exception to the district where the copies are not filed. Obviously the election. of the receiver not to take control of property in one district ought not to preclude his control in those districts in which he did file such copies.

Changes were made in phraseology.

SECTION 755-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 9, 595, 596 (R. S. § 715; Mar. 3, 1905, ch. 1487, 33 Stat. 1259; Mar. 3, 1911, ch. 231, § 5, 36 Stat. 1088; June 1, 1922, ch. 204, title II, 42 Stat. 617; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1084; May 28, 1924, ch. 204, title II, 43 Stat. 221; May 14, 1940, ch. 189, title III, 54 Stat. 204; June 28, 1941, ch. 258, title III, 55 Stat. 295; July 2, 1942, ch. 472, title III, 56 Stat. 486; July 1, 1943, ch. 182, title II, 57 Stat. 286; June 28, 1944, ch. 294, title II, 58 Stat. 410; Dec. 7, 1944, ch. 522, §§ 1, 2, 58 Stat. 796; May 21, 1945, ch. 129, Title II, 59 Stat. 184).

Section consolidates parts of sections 9, 595, and 596 of title 28, U. S. C., 1940 ed. The other provisions of such sections appear in section 604 of this title.

Compensation of criers and other court attendants, except bailiffs under section 604 of this title, will be fixed by the Director of the Administrative Office of the United States Courts.

SECTION 756-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 375 (Mar. 3, 1911, ch. 231, § 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, § 6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; May 11, 1944, ch. 192, §§ 1, 3, 58 Stat. 218, 219).

Only part of section 375 of title 28, U. S. C., 1940 ed., appears in this section. The remainder is incorporated in sections 136, 294 and 371 of this title.

The term "chief judge" was substituted for "senior district judge". (See reviser's note under section 136 of this title.)

Minor changes in phraseology were made.

CHAPTER 51. COURT OF CLAIMS

Sec.

791. Clerk.

792. Commissioners.

793. Reporter-commissioners; stenographers.

794. Stenographers and clerical employees.

795. Bailiff and messenger.

SECTION 791-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 244, 248, 283a and 289 (Mar. 3, 1911, ch. 231, §§ 139, 143, 183, 36 Stat. 1136, 1142; June 10, 1921, ch. 18, §§ 301, 302, 310, 42 Stat. 23, 25, Mar. 3, 1933, ch. 212, title II, § 19, 47 Stat. 1519; May 10, 1934, ch. 277, § 512 (b), 48 Stat. 759).

This section consolidates a part of sections 244 and 248 with sections 283a and 289, all of title 28, U. S. C., 1940 ed.

Provisions in section 248 of title 28, U. S. C., 1940 ed., for distribution by the clerk of copies of the court's decisions is incorporated in section 415 of this title.

Certain provisions of section 244 of title 28 U. S. C., 1940 ed., relating to the bailiff and the chief messenger of the Court of Claims, and powers and duties of the clerk, his deputies and assistants, are incorporated in sections 795 and 956 of this title.

A provision in section 244 of title 28, U. S. C., 1940 ed., relating to the oath of the clerk of such court was omitted as covered by section 951 of this title.

Word "clerk" was substituted for "chief clerk" to harmonize with such designation of clerks of all other courts.

Provision that such officers shall be under the direction of the court in the performance of their duties was omitted as superfluous.

Provision in section 244 of title 28, U. S. C., 1940 ed., that the clerk and assistant shall be subject to removal by the Court was substituted for the grounds of misconduct or incapacity. This change is in harmony with like provisions as to the clerks of other courts.

Section 289 of title 28, U. S. C., 1940 ed., required the Attorney General to duplicate the reporting to Congress of judgments which are furnished by the clerk. The revised section eliminates such duplication by requiring the clerk to transmit the information to Congress.

Words "Director of the Administrative Office of the United States Courts" were substituted for "Attorney General," in view of the Act of August 7, 1939, ch. 501, § 6, 53 Stat. 1226, 28 U. S. C., 1940 ed., following § 446.

As revised, this section is consistent with similar provisions as to clerks of district courts and the courts of appeals in chapters 47 and 49 of this title.

Changes in phraseology were made.

SECTION 792-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 263, 269, 270 (Mar. 3, 1911, ch. 231, § 157, 36 Stat. 1139; Feb. 24, 1925, ch. 301, §§ 1, 2, 43 Stat. 964, 965; May 29, 1928, ch. 852, § 711, 45 Stat. 882; June 23, 1930, ch. 573, §§ 1, 2, 46 Stat. 799; Oct. 16, 1941, ch. 443, 55 Stat. 741).

This section consolidates section 269 with parts of sections 263 and 270, all of title 28, U. S. C., 1940 ed.

Other provisions of section 263 of title 28, U. S. C., 1940 ed., are incorporated in section 2071 of this title.

Provisions of section 270 of title 28, U. S. C., 1940 ed., relating to judges' and stenographers' expenses are the basis of section 456 of this title. Other provisions of said section 270 are incorporated in section 794 of this title. (See, also, section 604 of this title.)

A provision for payment of salaries in monthly installments was deleted, since time of payment is a matter of administrative convenience. (See 20 Comp. Gen. 834.)

The appointment of not more than 20 commissioners, in addition to those authorized by section 269 of title 28, U. S. C., 1940 ed., is provided by section 114 of title 41 U. S. C., 1940 ed., Public Contracts. Changes were made in phraseology.

SECTION 793-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 268a, 278a (R. S. §§ 1075, 1085; Mar. 3, 1911, ch. 231, §§ 163, 171, 36 Stat. 1141).

This section consolidates section 278a of title 28, U. S. C., 1940 ed., with a part of section 268a of such title. The remainder of such sections is incorporated in section 604 of this title.

Word "reporter" was inserted before "commissioners" to conform to designation of such persons by the rules of the Court of Claims distinguishing them from Commissioners of that court.

The provision of section 268a of title 28, U. S. C., 1940 ed., for taking testimony "at the instance of the claimant or of the United States" was omitted as surplusage.

The last paragraph was added since existing law does not provide for employment of stenographers to reporter-commissioners. Court of Claims Rule 66 (a) authorizes a reporter-commissioner who is not a stenographer to employ one to take and transcribe the testimony of witnesses.

Changes were made in phraseology.

SECTION 794-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 270 (Feb. 24, 1925, ch. 301, 82, 43 Stat. 965; May 29, 1928, ch. 852, § 711, 45 Stat. 882; June 23, 1930, ch. 573, § 1, 46 Stat. 799; Oct. 16, 1941, ch. 443, 55 Stat. 741).

The first sentence of the revised section makes express provision for appointment of stenographers and necessary clerical employees. Other provisions of section 270 of title 28, U. S. C., 1940 ed., are incorporated in sections 456 and 792 of this title.

Specific provision for $5 per diem for stenographers is omitted as unnecessary and inconsistent with section 962 of this title. Travel and subsistence allowances of Government employees are governed by sections 822-833 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees.

Changes were made in phraseology.

SECTION 795-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 244 (Mar. 3, 1911, ch. 231, $139, 36 Stat. 1136).

The provision in section 244 of title 28, U. S. C., 1940 ed., that the bailiff should serve 4 years unless sooner removed by the court for cause, was changed by omitting the 4-year tenure and removal "for cause" requirement. As revised this section conforms with sections relating to the similar court officers.

Term "chief messenger" in section 244 of title 28, U. S. C., 1940 ed., was changed to "messenger" as the court has but one messenger. A provision of section 244 of title 28, U. S. C., 1940 ed., providing for appointment of a clerk and assistant is incorporated in section 791 of this title, and a provision thereof, relating to powers and duties of the clerk, his deputies and assistants, is incorporated in section 956 of this title.

The second paragraph was added to conform with sections 713, 755, and 834 of this title.

Changes were made in phraseology.