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Apr. 19, 1930, ch. 200, §§ 2, 3, 46 Stat.
SEC. 2. That the District Court of the United States in and for the Territory of Hawaii shall have jurisdiction of all offenses committed within the boundaries of said park.
SEC. 3. That if any offense shall be committed in the Hawaii National Park, which offense is not prohibited or the punishment for which is not specifically provided for by any law of the United States, the offender shall be subject to the same punishment as the laws of the Territory of Hawaii in force at the time of the commission of the offense may provide for a like offense in said Territory and no subsequent repeal of any such law of the Territory of Hawaii shall affect any prosecution for said offense committed within said park.
Apr. 19, 1930, ch. 200, § 6, 46 Stat. 228____
T. 28, §§ 631, 632 That upon the recommendation and approval of the Secretary of the Interior of a qualified candidate the United States District Court for the Territory of Hawaii shall appoint a commissioner who shall reside in the park and who shall have jurisdiction to hear and act upon all complaints made of any violations of law or of the rules and regulations made by the Secretary of the Interior for the government of the park and fort he protection of the animals, birds, and fish, and objects of interest therein, and for other purposes, authorized by this Act. Such commissioner shall have power, upon sworn information, to issue process in the name of the United States for the arrest of any person charged with the commission of any misdemeanor, or charged with a violation of the rules and regulations, or with a violation of any of the provisions of this Act prescribed for the government of said park and for the protection of the animals, birds, and fish in said park, and to try the person so charged, and, if found guilty, to impose punishment and to adjudge the forfeiture prescribed.
In all cases of conviction an appeal shall lie from the judgment of said commissioner to the United States District Court for the Territory of Hawaii, and the United States district court in said district shall prescribe the rules of procedure and practice for said commissioner in the trial of cases and for appeal to said United States district court.
Apr. 19, 1930, ch. 200, §§ 7, 8, 46 Stat.
SEC. 7. That such commissioner shall also have power to issue process as hereinbefore provided for the arrest of any person charged with the commission within said boundaries of any criminal offense not covered by the provisions of section 4 of this Act, to hear the evidence introduced, and if he is of opinion that probable cause is shown for holding the person so charged for trial shall cause such person to be safely conveyed to a secure place of confinement within the jurisdiction of the United States District Court for the Territory of Hawaii, and certify a transcript of the record of his proceedings and the testimony in the case to said court, which court shall have jurisdiction of the case: Provided, That the said commissioner shall grant bail in all cases bailable under the laws of the United States or of said Territory.
SEC 8. That all process issued by the commissioner shall be directed to the marshal of the United States for the district of Hawaii, but nothing herein contained shall be so construed as to prevent the arrest by any officer or employee of the Government or any person employed by the United States in the policing of said reservation within said boundaries without process of any person taken in the act of violating the law or this Act or the regulations prescribed by the said Secretary as aforesaid.
Apr. 19, 1930, ch. 200, § 9, 46 Stat. 229.
T. 28, § 634
That the commissioner provided for in this Act shall be paid an annual salary as appropriated for by Congress, payable quarterly: Provided, That the said commissioner shall reside within exterior boundaries of said Hawaii National Park at a place to be designated by the Secretary of the Interior: And provided further, That all fees, costs, and expenses collected by the commissioner shall be disposed of as provided in section 11 of this Act.
Apr. 19, 1930, ch. 200, § 10, 46 Stat. 229
That all fees, costs, and expenses arising in cases under this Act and properly chargeable to the United States shall be certified, approved, and paid as are like fees, costs, and expenses in the courts of the United States.
Apr. 19, 1930, ch. 200, § 11, 46 Stat. 229___
T. 28, § 634
That all fines and costs imposed and collected shall be deposited by said commissioner of the United States, or the marshal of the United States collecting the same, with the clerk of the United States District Court for the Territory of Hawaii.
May 28, 1930, ch. 346, § 1, 46 Stat. 431.
T. 28, §§ 133, 134
That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, an additional district judge of the District Court of the United States for the District of Minnesota, who shall reside in said district and whose compensation, duties, and powers shall be the same as now provided by law for the judges of said district. A vacancy occurring at any time
in the office of district judge created by this Act is authorized to be filled. May 29, 1930, ch. 355, 46 Stat. 485___
Omitted That section 939 of the Revised Statutes of the United States (section 752, title 28, United States Code) be, and it is hereby, amended to read as follows:
"SEC. 939. All vessels, goods, wares, or merchandise which shall be condemned by virtue of any law respecting the revenue from imports or tonnage, or the registering and recording or the enrolling and licensing of vessels, and for which bonds shall not have been given by the claimant, shall be sold by the marshal or other proper officer of the court in which condemnation shall be had, to the highest bidder, at public auction, by order of such court, and at such place as the court may appoint, giving at least fifteen days' notice (except in cases of perishable merchandise) in one or more of the public newspapers of the place where such sale shall be; or if no paper is published in such place, in one or more of the papers published in the nearest place thereto. And the amount of such sales, deducting all proper charges, shall be paid within ten days after such sale by the person selling the same to the clerk or other proper officer of the court directing such sale, to be by him, after deducting the charges allowed by the court, paid to the collector of the district in which such seizure or forfeiture has taken place, as hereinbefore directed."
May 29, 1930, ch. 356, 46 Stat. 486..
T. 28, §§ 553, 1921
That paragraph 14 of section 829 of the Revised Statutes of the United States (paragraph 14, section 574, title 28, United States Code) is hereby amended to read as follows:
"For the necessary expenses of keeping boats, vessels, or other property attached or libeled in admiralty, such amount as the court, on petition setting forth the facts under oath, may allow."
May 29, 1930, ch. 357, 46 Stat. 486..
That section 649 of the Revised Statutes, as amended (section 773, title 28, United States Code), be, and the same is hereby amended to read as follows: "SEC. 649. Issues of fact in civil cases in any district court may be tried and determined by the court, without the intervention of a jury, whenever the parties, or their attorneys of record, agree to waive a jury by a stipulation in writing filed with the clerk or by an oral stipulation made in open court and entered in the record. The finding of the court upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury."
June 3, 1930, ch. 394, 46 Stat. 495.
T. 28, § 114
That section 99 of the Act to codify, revise, and amend the laws relating to the judiciary, as amended by the Act of April 10, 1926 (section 180, title 28, United States Code), be amended to read as follows:
"SEC. 99. That the State of North Dakota shall constitute one judicial district, to be known as the district of North Dakota. The territory embraced on the 1st day of January, 1916, in the counties of Burleigh, Logan, McIntosh, Emmons, Kidder, McLean, Adams, Bowman, Dunn, Hettinger, Morton, Stark, Golden Valley, Slope, Sioux, Oliver, Mercer, and Billings shall constitute the southwestern division of said district; and the territory embraced on the date last mentioned in the counties of Cass, Richland, Barnes, Sargent, Ransom, and Steele shall constitute the southeastern division; and the territory embraced on the date last mentioned in the counties of Grand Forks, Traill, Walsh, Pembina, Cavalier, and Nelson shall constitute the northeastern division; and the territory embraced on the date last mentioned in the counties of Ramsey, Benson, Towner, Rolette,
Bottineau, Pierce, and McHenry shall constitute the northwestern division; and the territory embraced on the date last mentioned in the counties of Ward, Williams, Divide, Mountrail, Burke, Renville, and McKenzie shall constitute the western division; and the territory embraced on the date last mentioned in the counties of Griggs, Foster, Eddy, Wells, Sheridan, Stutsman, La Moure, and Dickey shall constitute the central division. The several Indian reservations and parts thereof within said State shall constitute a part of the several divisions within which they are respectively situated. Terms of the district court for the southwestern division shall be held at Bismarck on the first Tuesday in March; for the southeastern division, at Fargo, on the first Tuesday in December; for the northeastern division, at Grand Forks, on the second Tuesday in November; for the northwestern division, at Devils Lake, on the first Tuesday in October; for the western division, at Minot, on the third Tuesday in October; and for the central division, at Jamestown, on the last Tuesday in February. The clerk of the court shall maintain an office in charge of himself or a deputy at each place at which court is held in his district: Provided, That until such time as a new public building be erected at the city of Fargo, all jury cases now pending in the southeastern division, or hereafter brought there, be tried at Grand Forks." June 3, 1930, ch. 396, § § 1, 2, 46 Stat. 496...
T. 28, § 457 That upon the recommendation of the clerk of a district court of the United States, and with the approval of the senior district judge of the proper district, the Attorney General may, in his discretion, authorize the destruction of duplicate accounts of United States marshals, attorneys, clerks, and commissioners, and other miscellaneous papers or records, not in cases, which have been on file for ten years or more, and the further retention of which will serve no useful purpose. SEC. 2. That proofs of claims filed in bankruptcy proceedings in the United States district courts, pursuant to the Act entitled "An Act to establish a uniform system of bankruptcy throughout the United States," approved July 1, 1898, as amended, and which have remained on file in the offices of clerks of United States district courts, for a period of ten years after final disposition of such proceedings may be destroyed, pursuant to an order of the presiding judge of the court in which such proofs of claims have been filed, said order to be filed and entered of record in said court.
June 6, 1930, ch. 408, 46 Stat. 521-...
T. 28, § 124 That the second and third sentences of the third paragraph of section 108 of the Judicial Code, as amended to read as follows:
"Terms of the district court of the Tyler division shall be held at Tyler on the first Monday in October and the second Monday in February; for the Beaumont division, at Beaumont on the fourth Monday in October and first Monday in March; for the Sherman division, at Sherman on the fourth Monday in November and first Monday in April; for the Paris division, at Paris on the second Monday in December and third Monday in April; for the Jefferson division, at Jefferson on the first Mondays in January and May; and for the Texarkana division at Texarkana on the third Mondays in January and May. The clerk of the court for the eastern district shall maintain an office in charge of himself or a deputy at Sherman, at Beaumont, at Texarkana, and at Tyler, which shall be kept open at all times for the transaction of the business of said court."
June 6, 1930, ch. 409 (part), 46 Stat. 522-
T. 28, §§ 551, 1923
* * * and, effective July 1, 1930, all such fees and emoluments so paid to United States marshals shall be deposited by said marshals in accordance with the provisions of section, 3621 of the Revised Statutes as amended by section 5 of the said Act of May 28, 1896.
June 10, 1930, ch. 437, 46 Stat. 538_.
T. 28, § 44 That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, an additional circuit judge for the fifth judicial circuit.
June 10, 1930, ch. 438, 46 Stat. 538-
T. 28, § 44 That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, an additional circuit judge for the third judicial
June 16, 1930, ch. 494, 46 Stat. 589--
T. 28, §§ 604, 831, 833, 834, 956
That the second sentence of section 305 (Jud. C., sec. 192) of chapter 8 of title 28 of the United States Code be amended to read as follows:
"The reporter of the Court of Customs and Patent Appeals shall prepare and transmit
"(1) To the Secretary of the Treasury, once a week, in time for printing in the publication entitled "Treasury Decisions,' copies of all opinions relating to customs rendered by the court to that date;
"(2) To the Commissioner of Patents, once a week, in time for printing in the publication entitled 'Official Gazette,' copies of all opinions relating to patent and trade-mark appeals rendered to that date by said court.
"The reporter shall cause to be compiled and published, as least once a year, in such manner as the court shall direct, all of the opinions rendered by said court to that date, together with such digests and indexes as the court may deem necessary.
June 17, 1930, ch. 497, Title IV, § 501 (a) (fifth, sixth, seventh, and eighth sentences, only, of subsection (a), as so designated subsection "(a)" by Act June 25, 1938, ch. 679, § 16 (b), 52 Stat. 1084), 46 Stat. 730.
T. 28, §§ 1582, 2631-2624
Reasonable notice shall be given to the importer and to the person designated to represent the Government in such proceedings of the time and place of the hearing, at which the parties and their attorneys shall have an opportunity to introduce evidence and to hear and cross-examine the witnesses of the other party and to inspect all samples and all papers admitted or offered as evidence. In finding such value affidavits and depositions of persons whose attendance cannot reasonably be had, price lists and catalogues, reports or depositions of consuls, customs agents, collectors, appraisers, assistant appraisers, examiners, and other officers of the Government may be admitted in evidence. Copies of official documents, when certified by an official duly authorized by the Secretary of the Treasury, may be admitted in evidence with the same force and effect as original documents. The value found by the appraiser shall be presumed to be the value of the merchandise and the burden shall rest upon the party who challenges its correctness to prove otherwise.
June 17, 1930, ch. 497, Title IV, § 501 (b) (as so designated subsection "(b)" by Act June 25, 1938, ch. 679, § 16 (b), 52 Stat. 1084), 46 Stat. 730, 731.
T. 28, §§ 2635-2637
The judge shall, after argument on the part of any of the interested parties requesting to be heard, render his decision in writing together with a statement of the reasons therefor and of the facts on which the decision is based. Such decision shall be final and conclusive upon all parties unless within thirty days from the date of the filing of the decision with the collector an application for its review shall be filed with or mailed to the United States Customs Court by the collector or other person authorized by the Secretary of the Treasury, and a copy of such application mailed to the consignee, or his agent or attorney, or filed by the consignee, or his agent or attorney, with the collector, by whom the same shall be forthwith forwarded to the United States Customs Court. Every such application shall be assigned by the court to a division of three judges, who shall consider the case upon the samples of the merchandise, if there be any, and the record made before the single judge, and, after hearing argument on the part of any of the interested parties requesting to be heard, shall affirm, reverse, or modify the decision of the single judge or remand the case to the single judge for further proceedings, and shall state its action in a written decision, to be forwarded to the collector, setting forth the facts upon which the finding is based and the reasons therefor. The decision of the United States Customs Court shall be final and conclusive upon all parties unless an appeal shall be taken by either party to the Court of Customs and Patent Appeals upon a question or questions of law only within the time and in the manner provided by section 198 of the Judicial Code, as amended.
June 17, 1930, ch. 497, Title IV, § 501
(c), as added by Act June 25, 1938, ch. 679, § 16 (b), 52 Stat. 1084.
T. 28, § 2636
"(c) If upon the hearing of a protest, the United States Customs Court shall declare an appraisment of merchandise made after the effective date of the Customs Administrative Act of 1938 to have been invalid or void, it shall remand the matter to a single judge, who shall proceed to determine the proper dutiable value of such merchandise in the manner provided for by this section. In such proceeding no presumption of correctness shall attach to the invoice or entered values."
June 17, 1930, 'ch. 497, Title IV, § 516
T. 28, §§ 2602, 2638
Every proceeding arising under this subsection shall be given precedence over other cases on the dockets of the United States Customs Court and the United States Court of Customs and Patent Appeals, and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way."
June 17, 1930, ch. 497, Title IV, § 516 (c), final sentence, 46 Stat. 737.
T. 28, § 2637
The decision of the United States Customs Court upon any such appeal or protest shall be final and conclusive upon all parties unless an appeal is taken by either party to the Court of Customs and Patent Appeals, as provided in sections 501 and 515 of this Act.
June 17, 1930, ch. 497, Title IV, § 516 (d), 46 Stat. 737.
T. 28, § 2634
(d) INSPECTION OF DOCUMENTS.-In proceedings instituted under the provisions of this section an American manufacturer, producer, or wholesaler shall not have the right to inspect any documents or papers of the consignee or importer disclosing any information which the United States Customs Court or any judge or division thereof shall deem unnecessary or improper to be disclosed to him. June 17, 1930, ch. 497, title IV, § 517,
46 Stat. 737.
SEC. 517. FRIVOLOUS PROTEST OR APPEAL
T. 28, § 2641
The United States Customs Court shall, upon motion of counsel for the Government, and may, upon its own motion, decide whether any appeal for reappraisement or protest filed under the provisions of sections 501, 514, 515, or 516 of this Act is frivolous, and, if said court shall decide that such appeal or protest is frivolous, a penalty of not less than $5 nor more than $250 shall be assessed against the person filing such appeal or protest: Provided, That all appeals for reappraisement or protests filed by the same person and raising the same issue shall, if held frivolous by said court, be consolidated and deemed one proceeding for the purpose of imposing the penatly provided in this section: Provided further, That the person against whom such penalty is assessed may have a review by the Court of Customs and Patent Appeals of the decision of the United States Customs Court by filing an appeal within the time and in the manner provided by section 198 of the Judicial Code, as amended.
June 17, 1930, ch. 497, Title IV, § 518 (part), 46 Stat. 737, 738.
T. 28, §§ 251-254, 456, 871, 872,
1581, 2071, 2639, 2640, 2642.
SEC. 518. UNITED STATES CUSTOMS COURT. The United States Customs Court shall continue as now costituted, except that the chief justice and the associate justices of such court now in office and their successors shall hereafter be known as the judges of such court. All vacancies in such court shall be filled by appointment by the President, by and with the advice and consent of the Senate. Not more than five of the judges of such court shall be appointed from the same political party and each of such judges shall receive a salary of $10,000 a year. They shall not engage in any other business, vocation, or employment, and shall hold their office during good behavior. The offices of such court shall be at the port of New York. The court and each judge thereof shall have and possess all the powers of a district court of the United States for preserving order, compelling the attendance of witnesses and the production of