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business of the court, who shall be subject to removal by the court. (As amended Sept. 9, 1959, Pub. L. 86-243, § 1, 73 Stat. 474.)

AMENDMENTS

1959-Pub. L. 86-243 included chief deputy clerk and assistant clerk in the catchline, transferred the appointing authority from the chief judge to the Customs Court, provided for appointment of a chief deputy clerk, an assistant clerk and deputy clerks and for power of removal and deleted reference to the civil service laws with respect to appointments.

SAVINGS CLAUSE

Section 4 of Pub. L. 86-243 provided that: "Nothing contained in the amendments made by this Act [enacting section 873 and amending sections 253, 550, 871 and 872 of this title] shall be construed to deprive any person serving on the date of enactment of this Act [Sept. 9, 1959] as an officer or employee of the Customs Court of any rights, privileges, or civil service status, if any, to which such person is entitled under the laws of the United States or regulations thereunder."

§ 872. Marshal and deputy marshals.

The Customs Court may appoint a marshal and deputy marshals, who shall be subject to removal by the court.

The marshal and his deputies shall attend court at its sessions, serve and execute all process and orders issued by it, and exercise the powers and perform the duties concerning all matters within such court's jurisdiction assigned to them by the court. Under regulations prescribed by the Director of the Administrative Office of the United States Courts, the marshal shall pay the salaries, office expenses, and travel and subsistence allowances of the judges, officers, and employees of the court, and shall disburse funds appropriated for all expenses of the court.

On all disbursements made by the marshal of the Customs Court for official salaries or expenses, the certificate of the payee shall be sufficient without verification on oath. (As amended Sept. 9, 1959. Pub. L. 86-243, § 1, 73 Stat. 474.)

AMENDMENTS

1959-Pub. L. 86-243 substituted "Marshal and deputy marshals" for "Marshal; appointment" in the catchline, transferred the appointing authority from the chief judge to the Customs Court, deleted references to appointment of assistants and to the civil service laws, provided for power of removal and added the provisions for making disbursements under prescribed regulations and without the requirement of payee's verification under oath.

SAVINGS CLAUSE

Amendment of section by Pub. L. 86-243 not to deprive Customs Court officers or employees of any rights, privileges, or civil service status, see section 4 of Pub. L. 86-243, set out as a note under section 871 of this title.

§ 873. Criers, bailiffs, and messengers.

The Customs Court may appoint such criers as it may require for said court, which criers shall also perform the duties of bailiffs and messengers and such other duties as the court directs and shall be subject to removal by the court. (Added Pub. L. 86-243, § 1, Sept. 9, 1959, 73 Stat. 474.)

SAVINGS CLAUSE

Enactment of section by Pub. L. 86-243 not to deprive Customs Court officers or employees of any rights, privileges, or civil service status, see section 4 of Pub. L. 86-243, set out as a note under section 871 of this title.

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Controversies involving pollution of waters, jurisdiction of actions by States, see section 466-1 of Title 33, Navigation and Navigable Waters.

§ 1252. Direct appeals from decisions invalidating acts of Congress.

Any party may appeal to the Supreme Court from an interlocutory or final judgment, decree or order of any court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam and the District Court of the Virgin Islands and any court of record of Puerto Rico, holding an Act of Congress unconstitutional in any civil action, suit, or proceeding to which the United States or any of its agencies, or any officer or employee thereof, as such officer or employee, is a party.

A party who has received notice of appeal under this section shall take any subsequent appeal or cross appeal to the Supreme Court. All appeals or cross appeals taken to other courts prior to such notice shall be treated as taken directly to the Supreme Court. (As amended Mar. 18, 1959, Pub. L. 86-3, § 14(a), 73 Stat. 10.)

AMENDMENTS

1959-Pub. L. 86-3 eliminated a reference to courts of record of Hawaii. See section 91 of this title and notes thereunder.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 14 of Pub. L. 86-3 provided in part that the amendments of this section and sections 91, 373, 1293, and 1294 of this title, sections 3771 and 3772 of Title 18, Crimes and Criminal Procedure, and section 644a of Title 48, Territories and Insular Possessions, the repeal of sections 536, 539, 634, 634a and 645 of Title 48, and notes set out under sections 371 and 373 of this title, shall be effective upon the admission of the State of Hawaii into the Union. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 25, 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 section 491 of Title 48, Territories and Insular Possessions.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-508 effective Jan. 3, 1959 upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.

§ 1254. Courts of appeals; certiorari; appeal; certified questions.

CROSS REFERENCES

Review of appeals of orders of Secretary of Health, Education, and Welfare respecting approval of construction projects for State mental retardation facilities and community mental health centers, see section 2694 of Title 42, The Public Health and Welfare.

§ 1258. Supreme Court of Puerto Rico; appeal; certiorari.

Final judgments or decrees rendered by the Supreme Court of the Commonwealth of Puerto Rico may be reviewed by the Supreme Court as follows:

(1) By appeal, where is drawn in question the validity of a treaty or statute of the United States and the decision is against its validity.

(2) By appeal, where is drawn in question the validity of a statute of the Commonwealth of Puerto Rico on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of its validity.

(3) By writ of certiorari, where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of the Commonwealth of Puerto Rico is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution, treaties, or statutes of, or commission held or authority exercised under, the United States. (Added Pub. L. 87-189, § 1, Aug. 30, 1961, 75 Stat. 417.)

Sec.

Chapter 83.-COURTS OF APPEALS

1291. Final decisions of district courts.

1292. Interlocutory decisions.

1294. Circuits in which decisions reviewable.

AMENDMENTS

1961-Pub. L. 87-189, § 4, Aug. 30, 1961, 75 Stat. 417, eliminated item 1293.

§ 1291. Final decisions of district courts.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-508 effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.

CROSS REFERENCES

Antitrust Civil Process Act judicial proceedings subject to appeal pursuant to this section, see section 1314 of Title 15, Commerce and Trade

§ 1292. Interlocutory decisions.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-508 effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.

§ 1293. Repealed. Pub. L. 87-189, §3, Aug. 30, 1961, 75 Stat. 417.

Section, acts June 25, 1948, ch. 646, 62 Stat. 929: Mar. 18, 1959, Pub. L. 86-3, § 14(b), 73 Stat. 10, provided for appeal from the supreme court of Puerto Rico to the court of appeals for the First Circuit. See section 1258 of this title.

SAVINGS CLAUSE

Section 3 of Pub. L. 87-189 provided in part: "That such repeal of this section] shall not deprive the Court of Appeals for the First Circuit of jurisdiction to hear and determine appeals taken to that court from the Supreme Court of Puerto Rico before the effective date of this Act (Aug. 30, 1961]."

§ 1294. Circuits in which decisions reviewable. Appeals from reviewable decisions of the district and territorial courts shall be taken to the courts of appeals as follows:

(1) From a district court of the United States to the court of appeals for the circuit embracing the district;

(2) From the United States District Court for the District of the Canal Zone, to the Court of Appeals for the Fifth Circuit;

(3) From the District Court of the Virgin Islands, to the Court of Appeals for the Third Circuit;

(4) From the District Court of Guam, to the Court of Appeals for the Ninth Circuit. (As amended Mar. 18, 1959, Pub. L. 86-3, § 14(c), 73 Stat. 10; Aug. 30, 1961, Pub. L. 87-189, § 5, 75 Stat. 417.)

AMENDMENTS

1961-Subsec. (4). Pub. L. 87-189 redesignated former subsec. (5) as (4) and repealed former subsec. (4), which provided that appeals from the Supreme Court of Puerto Rico should be taken to the Court of Appeals for the First Circuit. See section 1258 of this title.

1959-Subsec. (4). Pub. L. 86-3 redesignated former subsec. (5) as (4), and repealed former subsec. (4), which provided that appeals from the Supreme Court of Hawaii should be taken to the Court of Appeals for the Ninth Circuit. See section 91 of this title and notes thereunder.

Subsec. (5). Pub. L. 86-3 redesignated former subsec. (6) as (5).

EFFECTIVE Date of 1959 AMENDMENT Amendment of section by Pub. L. 86-3 effective upon the admission of the State of Hawaii into the Union, see note set out under section 1252 of this title. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 25, 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 section 491 of Title 48, Territories and Insular Possessions.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section by Pub. L. 85-508 effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.

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§ 1345. United States as plaintiff.

CROSS REFERENCES

Third party tort liability for hospital and medical care, see section 2651 et seq. of Title 42, The Public Health and Welfare.

§ 1346. United States as defendant.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment of section by Pub. L. 85-508 effective Jan. 3, 1959, upon admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.

CROSS REFERENCE

Remedy under this section for damages caused by operation of motor vehicles by Government employees to be exclusive of any other civil action or proceeding, see section 2679 (b) of this title.

§ 1360. State civil jurisdiction in actions to which Indians are parties.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

§ 1361. Action to compel an officer of the United States to perform his duty.

The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff. (Added Pub. L. 87-748, § 1(a), Oct. 5, 1962, 76 Stat. 744.)

Chapter 87.-DISTRICT COURTS; VENUE § 1391. Venue generally.

(e) A civil action in which each defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority, or an agency of the United States, may, except as otherwise provided by law, be brought in any judicial district in which: (1) a defendant in the action resides, or (2) the cause of action arose, or (3) any real property involved in the action is situated, or (4) the plaintiff resides if no real property is involved in the action.

The summons and complaint in such an action shall be served as provided by the Federal Rules of Civil Procedure except that the delivery of the summons and complaint to the officer or agency as required by the rules may be inade by certified mail beyond the territorial limits of the district in which the action is brought.

(f) A civil action on a tort claim arising out of the manufacture, assembly, repair, ownership, maintenance, use, or operation of an automobile may be brought in the judicial district wherein the act or omission complained of occurred. (As amended Oct. 5, 1962, Pub. L. 87-748, § 2, 76 Stat. 744; Dec. 23, 1963, Pub. L. 88-234, 77 Stat. 473.)

AMENDMENTS

1963-Subsec. (f). Pub. L. 88-234 added subsec. (f). 1962 Subsec. (e). Pub. L. 87-748 added subsec. (e). § 1404. Change of venue.

(d) As used in this section, "district court" inIcludes the United States District Court for the District of the Canal Zone; and "district" includes the territorial jurisdiction of that court. (As amended Oct. 18, 1962, Pub. L. 87-845, § 9, 76A Stat. 699.)

AMENDMENTS

1962 Subsec. (d). Pub. L. 87-845 added subsec. (d). EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-845 effective Jan. 2, 1963, see note set out under section 14 of Title 18, Crimes and Criminal Procedure.

§ 1406. Cure or waiver of defects.

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(c) If a case within the exclusive jurisdiction of the Court of Claims is filed in a district court, the district court shall, if it be in the interest of justice, transfer such case to the Court of Claims, where the case shall proceed as if it had been filed in the Court of Claims on the date it was filed in the district court.

(d) As used in this section, "district court" inIcludes the United States District Court for the District of the Canal Zone; and "district" includes the territorial jurisdiction of that court. (As amended Sept. 13, 1960, Pub. L. 86–770, § 1, 74 Stat. 912; Oct. 18, 1962, Pub. L. 87-845, § 10, 76A Stat. 699.) AMENDMENTS

1962 Subsec. (d). 1960 Subsec. (c).

Pub. L. 87-845 added subsec. (d). Pub. L. 86-770 added subsec. (c). EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-845 effective Jan. 2, 1963, see note set out under section 14 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 4 of Pub. L. 86–770 provided in part that: "The amendments made by sections 1 and 2 of this Act [adding subsec. (c) of this section and section 1506 of this title] shall apply to any case or proceeding pending on, or brought after, the date of enactment of this Act [Sept. 13, 1960] in the district courts or the Court of Claims."

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Pub. L. 86-726, § 4, Sept. 8, 1960, 74 Stat. 856, substituted "Patent and copyright cases" for "Patent cases", in item 1498.

§ 1498. Patent and copyright cases.

(a) Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the owner's remedy shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation for such use and manufacture.

For the purposes of this section, the use or manufacture of an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States.

The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in the possession of the United States prior to July 1, 1918.

A Government employee shall have the right to bring suit against the Government under this section except where he was in a position to order, influence, or induce use of the invention by the Government. This section shall not confer a right of action on any patentee or any assignee of such patentee with respect to any invention discovered or invented by a person while in the employment or service of the United States, where the invention was related to the official functions of the employee, in cases in which such functions included research and development, or in the making of which Government time, materials or facilities were used.

(b) Hereafter, whenever the copyright in any work protected under the copyright laws of the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization or consent of the Government, the exclusive remedy of the owner of such copyright shall be by action against the United States in the Court of Claims for the recovery of his reasonable and entire compensation as damages for such infringement, including the minimum statutory damages as set forth in section 101(b) of title 17, United States Code: Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use of the copyrighted work by the Government: Provided, however, That this subsection shall not confer a right of action on any copyright owner or any assignee of such owner with respect to any copyrighted work prepared by a person while in the employment or service of the United States, where the copyrighted work was prepared as a part of the official functions of the employee, or in the preparation of which Government time. material, or facilities were used: And provided fur

ther, That before such action against the United States has been instituted the appropriate corporation owned or controlled by the United States or the head of the appropriate department or agency of the Government, as the case may be, is authorized to enter into an agreement with the copyright owner in full settlement and compromise for the damages accruing to him by reason of such infringement and to settle the claim administratively out of available appropriations.

Except as otherwise provided by law, no recovery shall be had for any infringement of a copyright covered by this subsection committed more than three years prior to the filing of the complaint or counterclaim for infringement in the action, except that the period between the date of receipt of a written claim for compensation by the Department or agency of the Government or corporation owned or controlled by the United States, as the case may be, having authority to settle such claim and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as a part of the three years, unless suit is brought before the last-mentioned date.

(c) The provisions of this section shall not apply to any claim arising in a foreign country. (As amended Sept. 8, 1960, Pub. L. 86-726, §§ 1, 4, 74 Stat. 855, 856.)

ADMENDMENTS

1960-Pub. L. 86-726, § 4, substituted "Patent and copyright cases" for "Patent cases", in the catchline. Pub. L. 86-726, § 1, designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

WAIVER OF IMMUNITY FOR MEMBERS OF CONGRESS Section 2 of Pub. L. 86-726 provided that: "Nothing in this Act [amending this section and section 2386 of Title 10, Armed Forces] shall be construed to in any way waive any immunity provided for Members of Congress under article I of section 6 of the Constitution of the United States."

§ 1499. Liquidated damages withheld from contractors under Contract Work Hours Standards Act.

The Court of Claims shall have jurisdiction to render judgment upon any claim for liquidated damages withheld from a contractor or subcontractor under section 104 of the Contract Work Hours Standards Act. (As amended Aug. 13, 1962, Pub. L. 87-581, title I, § 202 (a), 76 Stat. 360.)

REFERENCES IN TEXT

Section 104 of the Contract Work Hours Standards Act, referred to in the text, is classified to section 330 of Title 40, Public Buildings, Property and Works.

AMENDMENTS

1962-Pub. L. 87-581 substituted "Liquidated damages withheld from contractors under Contract Work Hours Standards Act" for "Penalties imposed against contractors under eight hour law" in the section catchline, and "liquidated damages withheld from a contractor or subcontractor under section 104 of the Contract Work Hour Standards Act" for "a penalty withheld from a contractor or subcontractor under section 324 of Title 40", in the text.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-581 effective 60 days after Aug. 13, 1962, but shall not affect contracts existing or thereafter entered into pursuant to invitations for bids outstanding on Aug, 13, 1962, see section 204 of Pub. L. 87-581, set out as a note under section 327 of Title 40, Public Buildings, Property and Works.

CONTINUED JURISDICTION UPON CLAIMS UNDER SECTION

324 OF TITLE 40

Section 202(b) of Pub. L. 87-581 provided that: "The Court of Claims shall continue to have jurisdiction to render judgment upon any claim for a penalty withheld from a contractor or subcontractor under section 324 of title 40, United States Code, in connection with any contract subject to said section existing on the effective date of this Act [see note set out under section 327 of Title 40, Public Buildings, Property and Works], or thereafter entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act (Aug. 13, 1962]."

§ 1506. Transfer to cure defect of jurisdiction.

If a case within the exclusive jurisdiction of the district courts is filed in the Court of Claims, the Court of Claims shall, if it be in the interest of justice, transfer such case to any district court in which it could have been brought at the time such case was filed, where the case shall proceed as if it had been filed in the district court on the date it was filed in the Court of Claims. (Added Pub. L. 86-770, § 2(a), Sept. 13, 1960, 74 Stat. 912.)

EFFECTIVE DATE

Section applicable to any case or proceeding pending on, or brought after, Sept. 13, 1960, in the Court of Claims, see section 4 of Pub. L. 86-770, set out in part as a note under section 1406 of this title.

CROSS REFERENCES

Transfer of cases from district courts to Court of Claims, see section 1406 of this title.

Chapter 115. EVIDENCE: DOCUMENTARY

§ 1732. Record made in regular course of business; photographic copies.

(b) If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original. This subsection shall not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence. (As amended Aug. 30, 1961, Pub. L. 87-183, 75 Stat. 413.)

AMENDMENTS

1961-Subsec. (b). Pub. L. 87-183 deleted "unless held in a custodial or fiduciary capacity or" which followed "may be destroyed in the regular course of business."

Part V.-PROCEDURE

Chapter 121.-JURIES; TRIAL BY JURY

§ 1869. Frequency of service.

In any district court, a petit juror may be challenged on the ground that he has been summoned and attended such court as a petit juror at any session held within one year prior to the challenge. (As amended Oct. 16, 1963, Pub. L. 88-139, § 2, 77 Stat. 248.)

AMENDMENTS

1963-Pub. L. 88-139 substituted "session" for "term." § 1870. Challenges.

In civil cases, each party shall be entitled to three peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purposes of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly.

All challenges for cause or favor, whether to the array or panel or to individual jurors, shall be determined by the court. (As amended Sept. 16, 1959, Pub. L. 86-282, 73 Stat. 565.)

AMENDMENTS

1959-Pub. L. 86-282 substituted "may" for "shall" following the words "several plaintiffs", and ", or the court may allow" for ". If there is more than one defendant the court may allow the defendants".

Chapter 123.-FEES AND COSTS

§ 1913. Courts of appeals.

JUDICIAL CONFERENCE SCHEDULE OF FEES

The Judicial Conference, acting under the authority of provisions of this section, prescribed the following schedule of fees, except that no fees were to be charged for services performed on behalf of the United States:

"1. For docketing a case on appeal or review or docketing any other proceeding, $25.00.

"2. Preparing the record for the printer and supervising the printing (where required by rule or order of court), for each printed page of the record and index, $.25, Provided, That the charge for any single record and index shall not exceed $250.00.

"3. For making a copy (except a photographic reproduction) of any record or paper, and a certification thereof, 65 cents per page of 250 words or fraction thereof; for comparing with the original thereof any copy (except a photographic reproduction) of any transcript of record, entry, record or paper, when such copy is furnished by the person requesting certification, 10 cents for each page of 250 words or fraction thereof, and 50 cents for each certificate.

"For a photographic reproduction and certification of any record or paper, 50 cents per page; for comparing with the original thereof any photographic reproduction of any record or paper not made by or under the supervision of the clerk, 5 cents for each page and 50 cents for each certificate.

"4. For every search of the records of the court and certifying the result of the same, $1.00.

"No other fees for services than those above prescribed shall be charged or collected by the clerks, provided however that nothing herein shall be construed to prevent the clerk of any court of appeals, with the approval of the court, from charging and collecting a fee for each printed copy of an opinion as shall be fixed by the court.

"Fees for services of the clerks whenever performed in all cases docketed prior to January 1, 1946 shall be determined in accordance with the rates now in force." [Reports of the Judicial Conference, September Session, 1945, p. 23: March Session, 1959, pp. 8, 9; September Session, 1959, pp. 13, 14.]

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