U.S. C., 1940 ed. 223 28 28 TABLE 6. OMITTED LAWS-Continued Showing laws omitted from revised Title 28, U. S. C., and included in the schedule of repeals Continued' Title Section 28 28 28 866 867 868 906 921 note 933 (b) 864 865 869 872 873 819 874 875 880 R. S. § 971... R. S. § 975. R. S. 976.. R. S. § 977. R. S. § 978.. R. S. § 985. R. S. § 987. R. S. § 988. Sept. 6, 1916, ch. 448, § 4, R. S. 997. R. S. § 1013.. Feb. 13, 1911, ch. 47, § 1, 36 Feb. 13, 1911, ch. 47, § 2, 36 R. S. § 998. R. S. § 999. R. S. § 1000.. R. S. § 1004; Jan. 22, 1912, R. S. § 1005. R. S. § 1007; Feb. 18, 1875, R. S. § 1012. Mar. 4, 1931, ch. 515, § 6, Aug. 2, 1946, ch. 753, title Obsolete since 1928. Ample provision for review by appeal and certiorari is made by statute and rule, and it is inconceivable that any court of the United States would entertain an application for writ of error. Same reason as given for omitting 28 U. S. C., § 861a. ante. Superseded by Rule 75 of the Federal Rules of Civil Procedure, and Rule 49 of the Admiralty Rules. Also, there has been no such appeal to the Supreme Court Superseded, as to civil and criminal cases, by Rule 75 of the Obsolete in view of the Act of Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54 (28 U. S. C., § 861a) abolishing writs of error and substituting appeals therefor. See Rules 72-76 of the Federal Rules of Civil Procedure relating to appeals. Superseded by Supreme Court rules 10 and 36. See, also, the Act of Jan. 31, ch. 14, §§ 1, 2, 45 Stat. 54 (28 U. S. C., §§ 861a, 861b), abolishing writs of error, substituting appeals therefor, and providing that statutes governing writs of error shall apply to appeals. Provisions relate to a subject more appropriate for regulation by rule of court. Superseded by Rule 73 of the Federal Rules of Civil Procedure. The Act of Jan. 31, 1928, ch. 14. § 1, 45 Stat. 54 (28 U. S. C., §861a), abolished writs of error and substituted appeals therefor. Writs of error have been abolished (28 U. S. C., 1940 ed., Covered by Rules 62 (d) and 73 (d) of the Federal Rules of TABLE 6.-OMITTED LAWS-Continued Showing laws omitted from revised Title 28, U. S .C., and included in the schedule of repeals Continued' 11-314. 1-503 11-305.. 11-309. 646 14-204.. 870 873a 875 876 D. C. Code, 1940 ed., section 642 Apr. 30, 1900, ch. 339, § 86 13928 Revised Statutes or 11-401 first sentence. 11-1102..... 11-1511 Mar. 3, 1899 ch. 425, § 18 R. S. § 4799 Mar. 3, 1909, ch. 269, § 6, Apr. 30, 1900, ch. 339, § 86a, Feb. 12, 1940, ch. 25, § 1, Mar. 2, 1917, ch. 145, § 55, Jan. 7, 1913, ch. 6, 37 Stat. 648. 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. Revised Statutes or Mar. 3, 1901, ch. 854, § 560, Mar. 3, 1901, ch. 854, § 61, Mar. 3, 1901, ch. 854, § 174, Reasons for omission and repeal May 29, 1928, ch. 904, § 1, Superseded by section 5a of Title 28 U. S. C., 1940 ed. (Act, Mar. 3, 1901, ch. 854, § 187, Mar. 3, 1901, ch. 854, § 1062, Impliedly repealed by section 345 of Title 28 U. S. C., 1940 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 residence 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. 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 Provisions are unnecessary. Such administrative matters 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. Section: 5a.. 14.. 53. 101. 102. 103. 121 first sentence.. 336 124 (part) 144 (c), final proviso. 249. 377a.. 377b 377c. 385 (part). 386. 387. 388. 389. 390. 390a 392. 393. 417a. 419. 420. 421. 422. 426. 504a 522. 531 572a 590.. 530a.. 861b. 946.. Title or Code Section 1 48 2 18 15 18 18 18 18 18 11 18 D. C. Code D. C. Code D. C. Code 18 18 18 2 18 18 18 18 18 22 218 18 2 18 2 18 2 18 2 18 18 18 18 18 18 1 Probably as section 1392a of such title 48. 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 22 18 18 8 39 39 39 39 19 19 39 This section merely provides the authority for an appropriation to carry into effect This section is amen e 1 in a separate section of the bill to enact this revision, but it is 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. Justices to hold office during good behavior, see U. S. Const., Art. 3, § 1. Official station of Supreme Court Justices, see section 456 of this title. 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. Official station of circuit judges, see section 456 of this title. Payment of salaries by United States marshal, see section 550 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 section 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. |