TABLE 6.-OMITTED LAWS-Continued

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

repeals Continued'

Revised Statutes or
Statutes at Large

Mar. 3, 1911, ch. 231, §
128 (c), as added Act
Feb. 13, 1925, ch. 229, § 1,
43 Stat. 936.

Mar. 3, 1911, ch. 231, § 127, Superseded by Title 28 U. S. C., § 444 et seq., establishing
36 Stat. 1133.
the Administrative Office of the United States Courts,
with a Director thereof. The Director is charged with
the responsibility for the providing of accommodations
for the use of the courts and their officers and employees,
including the Circuit Courts of Appeals. See sections 604
and 610 of this revision.
Covered by Title 11 U. S. C., 1940 ed., Bankruptcy, and by
section 1291 of this revision.

Mar. 3, 1911, ch. 231, §
128 (e), as added Act
Feb. 13, 1925, ch. 229, § 1,
43 Stat. 936.
Mar. 3, 1911, ch. 231, §
128 (f), as added Act
May 9, 1942, ch. 295, § 2,
56 Stat. 272.

Feb. 13, 1925, ch. 229, § 4,
43 Stat. 939,

Mar. 3, 1911, ch. 231, § 132,
36 Stat. 1134.

Mar. 3, 1891, ch. 517, § 11
(part), 26 Stat. 829.
Mar. 3, 1911, ch. 231, § 135,
36 Stat. 1135.

Reasons for omission and repeal

Mar. 3, 1911, ch. 231, § 199,
36 Stat. 1146.

|

Mar. 3, 1911, ch. 231, § 231,
36 Stat. 1156.
Mar. 3, 1911, ch. 231, § 232,
36 Stat. 1156.

Covered by sections 21 and 45 of Title 15 U. S. C., 1940 ed.

Covered by section 3731 of revised Title 18 U. S. C. (H. R. 3190, 80th Cong., 1st Session).

Covered by section 1291 of this revision.

Covered by Rule 73 of the Federal Rules of Civil Procedure.
Covered by Rule 73 of the Federal Rules of Civil Procedure.
Venue is covered by section 1295 of this revision. Remain-
ing provisions relate to a subject more appropriate for
regulation by rule of court.

Section contains provisions relating to a subject more appro-
priate for rule-making power of the court.
Section is obsolete. Under the authority of the Director
of the Administrative Office of the United States Courts
to disburse money for the support of the courts, he has
appointed from time to time an appropriate member of
the staff of the Court of Claims to be "Special Disbursing
Officer" without additional compensation. This Officer
disburses all funds appropriated for the Court of Claims
including its appropriation for contingent expenses, and
his accounts are audited in regular course by the Admin-
istrative Office and the General Accounting Office.
Section was omitted as executed. Its provisions were the
result of temporary, emergency legislation.
Covered by section 2501 of this revision.

Provisions relating to arrangement of the calendar and the
calling of cases are more properly the subject of court rule.
Provisions relate to a subject more appropriate for regu-
lation by rule of court.
Provisions relate to a subject more appropriate for regu-
lation by rule of court.

TABLE 6.-OMITTED LAWS-Continued

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

Reasons for omission and repeal

Section purported to list the only provisions for direct appeals to the Supreme Court from the district courts but in fact did not. Its provisions were unnecessary and misleading, and their repeal, in view of sections 1252 and 1253 of this revision and section 3731 of revised Title 18 U. S. C. (H. R. 3190, 80th Congress, 1st Session) will remove doubt and uncertainty. See, also, reviser's notes relating to said sections 1252 and 1253 of this revision.

Section is superfluous as section 1254 of this revision, which was derived from sections 346 and 347 of Title 28 U. S. C., 1940 ed., referred to in this section, applies to any case in the circuit courts of appeals.

Section is obsolete and superseded by the Philippine Independence Act.

Covered by Supreme Court Rule 32.

Provisions relate to a subject more appropriate for regulation by rule of court.

Unnecessary as the District of Columbia is made a judicial
circuit by this revision.

Provisions are surplusage and now governed by the Federal
Rules of Civil Procedure.

Covered by Rule 65 of the Federal Rules of Civil Procedure

Covered by Rule 65 (c) of the Federal Rules of Civil Procedure.

Covered by Rule 65 (d) of the Federal Rules of Civil Procedure.

Section is obsolete in view of Rules 1 and 2 of the Federal
Rules of Civil Procedure abolishing distinctions between
actions at law and suits in equity.

First sentence is superseded by Rule 59 of the Federal Rules
of Civil Procedure, and Rule 33 of the Federal Rules of
Criminal Procedure. Part of the second sentence is
superseded by Rule 61 of said Civil Rules, and Rule 52
of said Criminal Rules. The remainder is merely ex-
pressive of the inherent appellate power to disregard
technical errors, defects, or exceptions which do not affect
the substantial rights of the parties.
Obsolete in view of Rule 2 of the Federal Rules of Civil
Procedure abolishing the distinctions between actions at
law and suits in equity.

Obsolete in view of Rule 2 of the Federal Rules of Civil Pro-
cedure abolishing the distinction between actions at law
and suits in equity.

Superseded by Rule 24 (b) of the Federal Rules of Criminal
Procedure.

Provisions are obsolete and have been executed.

Provisions are obsolete and have been executed.

Executed and not necessary in this new revision.

Section is surplusage. Sections 1-5 of Title 1 U. S. C., 1940
ed., would apply without this implementation.
Provisions are obsolete and have been executed.

Provisions are obsolete and have been executed.
Provisions are obsolete and have been executed.
Provisions are obsolete and have been executed.
Provisions are obsolete and have been executed.

Provisions are obsolete and have been executed.

Subsection (b) is covered by sections 41, 43 and 2253 of this
revision. Subsection (c) is covered by section 1254 of
this revision. Subsection (d) is unnecessary and also
covered by section 1254 of this revision.
Covered by Rules 73-75 and 81 (a) (2) of the Federal Rules
of Civil Procedure.

Unnecessary in view of section 547 of this revision.
Unnecessary in view of section 547 of this revision.

TABLE 6.-OMITTED LAWS-Continued

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

529 May 28, 1896, ch. 252, § 21,
29 Stat. 185.

548

564

570

573

575

578b

578c

581

5868

588

589

591

597 note

600d

605

Revised Statutes or
Statutes at Large

609

R. S. 797; Mar. 1, 1879,
ch. 125, § 2, 20 Stat. 327.

R. S. §798.

Feb. 22, 1875, ch. 95, §4. 18
Stat. 333.

Feb. 22, 1875, ch. 95, § 5, 18
Stat. 334.

Feb. 11, 1925, ch. 204, § 1.
43 Stat. 857.

R. S. § 828.

Apr. 26. 1922, ch. 146, 42
42 Stat. 500.

Feb. 26, 1919, ch. 49, § 6,
40 Stat. 1182.

Mar. 2, 1895, ch. 189, § 1,
28 Stat. 956.

R. S. § 832...

Aug. 18, 1894, ch. 301, §1.
28 Stat. 416.

May 28, 1896, ch. 252, § 6,
29 Stat. 179: July 19, 1919,
ch. 24, § 1, 41 Stat. 209.
Mar. 3, 1905, ch. 1483, § 1,
33 Stat. 1207.

July 19, 1919, ch. 24, § 1,
41 Stat. 209; June 1, 1922,
ch. 204, titla II (part), 42
Stat. 616; Jan. 3, 1923,
ch. 21, title II (part), 42
Stat. 1083; Apr. 2, 1924,
ch. 81, § 1, 43 Stat. 44:
May 28, 1924, ch. 204,
title II (part), 43 Stat.
220; Feb. 27, 1925, ch. 361,
title II (part), 43 Stat.
1029; Apr. 29, 1926, ch.
195, title II (part), 44
Stat. 346.

Feb. 22, 1875, ch. 95, § 1
(part). 18 Stat. 333; May
29, 1928, ch. 906 (part),
45 Stat. 998.

May 28, 1896, ch. 252, § 16,
23 Stat. 183.

May 28, 1896, ch. 252, § 17,
29 Stat. 183.

May 28, 1896, ch. 252, § 24,
29 Stat. 186.
Aug. 1, 1946, ch. 721, § 5,
60 Stat.-,

Reasons for omission and repeal

R. S. § 857.

Section is obsolete, useless and out of harmony with current administrative practice, according to advice of the Administrative Office of the United States Courts. Superseded by the Administrative Office Act of 1939, Title 28 U. S. C., 1940 ed., § 444 et seq. See sections 601 et seq., also 751, of this revision.

Superseded by the Federal Rules of Civil Procedure. See, particularly, Rule 81 (b) thereof.

Superseded and covered by section 751 of this revision which provides that the clerk shall be subject to removal by the court.

Covered by Rule 55 of the Federal Rules of Criminal Pro-
cedure.

Provisions as to fees are covered by section 1914 of this
revision. The exception as to liability of the United
States is unnecessary in view of section 2412 of this
revision. See Reviser's Note under the latter.
Provisions relate to a subject more properly regulated by
rule of court. See however, final paragraph of subsec-
tion (h) of section 753 of this revision, also Reviser's Note
under such section.
Section is obsolete in view of Administrative Office Act of
1939. See section 604 (a) (5) of this revision.
Covered by section 550 of this revision.

Section is obsolete and superseded by the Administrative

Office Act of 1939. See sections 601 et seq. of this revision. Section is obsolete. No fees have been collected by the marshal of the Supreme Court in many years. Obsolete and superseded as to marshals and clerks who are now compensated by salaries instead of fees, and no longer necessary as to commissioners whose procedure is regulated by the Federal Rules of Criminal Procedure and whose fees are audited and allowed by the Director of the Administrative Office of the United States Courts and paid from the appropriation for the Judiciary. Section is unnecessary in view of section 508 of this revision.

Obsolete in view of section 508 of this revision and current practice.

Section was limited to the appropriation Acts of which it was a part.

Covered by section 547 of this revision.

Revision of the applicable sections referred to in this sec-
tion renders unnecessary the inclusion of his section.
Provided merely for effective date of the Act Aug. 1, 1946,
and will be obsolete upon enactment of this revision.
Remainder of such Act is incorporated in section 633 of
this revision.

Apr. 26, 1926, ch. 183, § 4, Section unnecessary as sections 1821, 1825, and 1871 of this
44 Stat. 324.
revision apply to witnesses and jurors in all United States
courts and before all United States commissioners.
Section is obsolete and unworkable Attendance of foreign
witnesses can be obtained only by special arrangement
for payment of adequate compensation.

R. S. § 851.

Section is obsolete. It was intended to apply when officers retained fees, which is no longer true. They are now on a salary basis.

Section is obsolete. Government salaries are paid semimonthly as a matter of administrative convenience. Unnecessary and covered by section 1918 of this revision.

TABLE 6.-OMITTED LAWS-Continued

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

Reasons for omission and repeal

Governed by Rule 43 of the Federal Rules of Civil Procedure.

Section related only to prosecutions for certain offenses
defined in sections 511 et seq. of Title 18 U. S. C., 1940
ed., those sections, defining bigamy, polygamy and un-
lawful cohabitation committed in Territories, Districts
and Possessions, were omitted from the revision of such
Title 18 (H. R. 3190, 80th Cong., 1st Session) because local
laws now apply. Therefore, there is nothing to which
this section can apply.

Superseded by Rule 43 (a) of the Federal Rules of Civil
Procedure.

Superseded by Rules 34 and 55 of the Federal Rules of Civil
Procedure.

Covered by sections 92 and 92a of Title 5 U. S. C., 1940 ed.,
and Rule 28 of the Federal Rules of Civil Procedure.
Covered by Rules 26 et seq. of the Federal Rules of Civil
Procedure.

Incorporated in and superseded by Rules 26 et seq. of the
Federal Rules of Civil Procedure.

Covered by Rule 27 (a) (4) of the Federal Rules of Civil
Procedure.

Covered by Rules 26 et seq. of the Federal Rules of Civil
Procedure.

Superseded by Rule 17 of the Federal Rules of Criminal
Procedure, and Rule 45 of the Federal Rules of Civil
Procedure.

TABLE 6.-OMITTED LAWS-Continued

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

Revised Statutes or
Statutes at Large

764

767

768

R. S. § 949. 769 R. S. § 950

771

786 789 790

R. S. § 943.

R. S. § 944.

R. S. § 946.

R. S. § 947.

Mar. 3, 1887, ch. 359, § 6,
24 Stat. 506.

Mar. 3, 1887, ch. 359, § 7,
24 Stat. 506.

R. S. § 948.

Feb. 16, 1875, ch. 77, § 1,
18 Stat. 315.

Feb. 16, 1875, ch. 77, § 2, 18
Stat. 316.

R. S. § 649; May 29, 1930,
ch. 357, 46 Stat. 486.

R. S. § 952.

R. S. § 953; June 5, 1900,
ch. 717, § 1, 31 Stat. 270.
R. S. § 954

R. S. § 955; Nov. 23, 1921,
ch. 142, §§ 1, 2, 42 Stat.
323, 324; Dec. 22, 1921,
ch. 18, 42 Stat. 352.
R. S. § 956.

R. S. § 962.

R. S. 965..

R. S. § 750.

813 Aug. 1, 1888, ch. 729, § 2, 25
Stat. 357; Feb. 7, 1925.

815 R. S. § 968..

816

Reasons for omission and repeal

June 1, 1922, ch. 2D4, title
II (part), 42 Stat. 615;
Jan. 3, 1923, ch. 21, title
II (part), 42 Stat. 1083;
May 28, 1924, ch. 204,
title II (part), 43 Stat.
220; Feb. 27, 1925, ch. 364,
title II (part), 43 Stat.
1029; Apr. 29, 1926, ch.
195, title II (part), 44
Stat. 345.

Superseded by Rules 25 and 81 of the Federal Rules of Civil
Procedure.

Feb. 13, 1925, ch. 229, § 11, Superseded by Rules 25 and 81 of the Federal Rules of
43 Stat. 941.
Civil Procedure.
R. S.

958..

Covered by Rule 12 (a) of the Federal Rules of Civil Procedure and section 2407 of this revision.

R. S. § 959.

Provisions relate to a subject more appropriate for regulation through rule-making power.

Part is superseded by Rules 4 (d), 12 (a), and 55 (e) of the
Federal Rules of Civil Procedure. The remainder, relat-
ing to duties of the United States attorney, are covered
by section 507 of this revision.

Covered by Rules 52 and 75 of the Federal Rules of Civil
Procedure.
Covered by Rule 4 (h) of the Federal Rules of Civil Pro-
cedure.

Covered by Rule 20 of the rules of the Supreme Court.
Covered by Rule 40 of the Federal Rules of Civil Procedure.
This section, as originally enacted, related to the old circuit
courts in which jurisdiction in admiralty proceedings was
appellate only, and which were abolished by section 289
of the Judicial Code (28 U. S. C., 1940 ed., § 430). The
latter transferred all powers of the former circuit courts
to the district courts, but the majority of discussions in
the lower courts have held that, inasmuch as the ad-
miralty jurisdiction of the district courts is wholly
original, this section was superseded by such section of the
Judicial Code abolishing the circuit courts, and by the
Act of Mar. 3, 1891, ch. 517, § 6, 26 Stat. 828, creating the
circuit courts of appeal. Also, it may be regarded as
having been superseded, or covered in part, by Rule 46%
of the Admiralty Rules.

Superseded and covered by Rules 39 (c) and 48 of the
Federal Rules of Civil Procedure.

Covered by Rules 38 et seq. of the Federal Rules of Civil
Procedure.

Covered by section 2406 of this revision.

Covered by Rules 46, 63, and 75 of the Federal Rules of Civil
Procedure.

Covered by Rules 1. 15, and 61 of the Federal Rules of Civil
Procedure.

Superseded by Rules 25 and 81 of the Federal Rules of
Civil Procedure.

Section is obsolete. R. S. §§ 3037 and 3038, which authorized the issue of debenture certificates, were repealed by Act of Sept. 21, 1922, ch. 356, § 642, 42 Stat. 989, and there is no longer anything to which this section can apply. The use of such debentures was supplemented by admission of articles on bond without prepayment of duties or by drawback and refund, See Title 19 U. S. C., §§ 1313, 1520, 1558.

Superseded by section 462 of Title 31 U. S. C., 1940 ed.
Same reason as given for omitting 28 U. S. C., § 783, ante.
Superseded by Rule 75 of the Federal Rules of Civil Pro-
cedure, and Rule 49 of the Admiralty Rules.
Covered in part by Rule 79 of the Federal Rules of Civil
Procedure. See, also, reason given for omitting 28 U. S.
C., 1940 ed., § 556, ante.

Adequate provision for costs is made by Rules 41 (d), 42 (a),
54 (d) and 68 of the Federal Rules of Civil Procedure.
Provisions expired with the appropriation Acts of which
they were a part.