June 17, 1930, ch. 497, Title IV, § 501

(c), as added by Act June 25, 1938, ch. 679, § 16 (b), 52 Stat. 1084.

"(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."

T. 28, §§ 2602, 2638

June 17, 1930, 'ch. 497, Title IV, § 516

(b), final sentence, as amended by Act June 25, 1938, ch. 679, § 17 (a), 52 Stat. 1084.

T. 28, § 2636

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.”

T. 28, § 2637

June 17, 1930, ch. 497, Title IV, § 516

(c), final sentence, 46 Stat. 737.

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,

T. 28, § 2641

46 Stat. 737.

SEC. 517. FRIVOLOUS PROTEST OR APPEAL

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.

T. 28, §§ 251-254, 456, 871, 872, 1581, 2071, 2639, 2640, 2642.

June 17, 1930, ch. 497, Title IV, § 518

(part), 46 Stat. 737, 738. 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 Fereafter 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

evidence, and in punishing for contempt. The court shall have power to establish from time to time such rules of evidence, practice, and procedure, not inconsistent with law, as may be deemed necessary for the conduct of its proceedings, in securing uniformity in its decisions and in the proceedings and decisions of the judges thereof, and for the production, care, and custody of samples and of the records of such court. Under such rules as the United States Customs Court may prescribe, and in its discretion, the court may permit the amendment of a protest, appeal, or application for review. One of the judges of such court, designated for that purpose by the President of the United States, shall act as presiding judge, and in his absence the judge then present who is senior as to the date of his commission shall act as presiding judge; and until any such designation is made the chief justice of the United States Customs Court now in office shall act as presiding judge. The presiding judge, or the acting presiding judge in his absence, shall have control of the fiscal affairs and of the clerical force of the court, making all recommendations for appointment, promotions, or otherwise affecting such clerical force; he may at any time before trial, under the rules of the court, assign or reassign any case for hearing or determination, or both, and shall designate a judge or division of three judges and such clerical assistants as may be necessary to proceed to any port within the jurisdiction of the United States for the purpose of hearing or of hearing and determining cases assigned for hearing at such port, and shall cause to be prepared and promulgated dockets therefor. Judges of the court, stenographic clerks, and Government counsel shall each be allowed and paid his necessary expenses of travel and his reasonable expenses, not to exceed $10 per day in the case of the judges of the court and Government counsel, and $8 per day in the case of stenographic clerks, actually incurred for maintenance while absent from New York on official business. The judges of said court shall be divided into three divisions of three judges each for the purpose of hearing and deciding appeals for the review of reappraisements of merchandise, and of hearing and deciding protests against decisions of collectors. A division of three judges or a single judge shall have power to order an analysis of imported merchandise and reports thereon by laboratories or bureaus of the United States. The presiding judge shall assign three judges to each of said divisions and shall designate one of such three judges to preside. The presiding judge of the court shall be competent to sit as a judge of any division or to assign one or two other judges to any of such divisions in the absence or disability of any one or two judges of such division. A majority of the judges of any division shall have full power to hear and decide all cases and questions arising therein or assigned thereto. A division of the court deciding a case or a single judge deciding an appeal for a reappraisement may, upon the motion of either party made within thirty days next after such decision, grant a rehearing or retrial of such case when in the opinion of such division or single judge the ends of justice so require.

The judges of the United States Customs Court are hereby exempted from so much of section 1790 of the Revised Statutes as relates to their salaries.

When any judge of the United States Customs Court resigns his office after having held a commission as judge or justice of such court or member of the Board of General Appraisers at least ten years continuously, or otherwise, and having attained the age of seventy years, he shall, during the residue of his natural life, receive the salary which is payable to a judge of such court at the time of his resignation. Any such judge, who is qualified to resign under the foregoing provisions, may retire, upon the salary of which he is then in receipt, from regular active service as a judge of such court and upon such retirement the President may appoint successor; but such retired judge may, with his consent, be assigned by the presiding judge of such court to serve upon such court and while so serving shall have all the powers of a judge of such court.

All functions of the Secretary of the Treasury with respect to the appointment and fixing of the compensation of the clerks and other employees of the United States Customs Court, and with respect to the official records, papers, office equipment, and other property of such court, are hereby transferred to the Attorney General.

T. 28, § 255

SEC. 519. PUBLICATION OF DECISIONS OF CUSTOMS COURT.

All decisions of the United States Customs Court shall be preserved and filed and shall be open to inspection, and it shall be the duty of the court to forward a copy of each decision to the collector of customs for the district in which the merchandise affected thereby was imported and to forward an additional copy to the

June 17, 1930, ch. 497, title IV, § 519,

46 Stat. 739.

Secretary of the Treasury, who shall cause such decisions as he or the court shall deem sufficiently important to be published in full, or, if neither the Secretary of the Treasury nor the court deems a full publication thereof necessary, then the court shall cause abstracts of such decisions to be made for publication, and such decisions and abstracts thereof shall be published from time to time and at least once each week for the information of customs officers and the public.

T. 28, § 213

June 17, 1930, ch. 497, title IV, § 646,

46 Stat. 762.

SEC. 646. TENURE AND RETIREMENT OF JUDGES OF THE UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS.

The judges of the United States_Court of Customs and Patent Appeals shall hold office during good behavior. For the purposes of section 260 of the Judicial Code, as amended (relating to the resignation and retirement of judges of courts of the United States), any service heretofore rendered by any present or former judge of such court, including service rendered prior to March 2, 1929, shall be considered as having been rendered under an appointment to hold office during good behavior.

June 19, 1930, ch. 537, 46 Stat. 785---

T. 28, §§ 133, 136

That the President is authorized to appoint, by and with the advice and consent of the Senate, two additional justices of the Supreme Court of the District of Columbia, who shall have the same tenure of office, pay, and emoluments, powers, and duties as the present justices of that court.

June 19, 1930, ch. 538, 46 Stat. 785----

T. 28, § 44 That the President is authorized to appoint, by and with the advice and consent of the Senate, two additional justices of the Court of Appeals of the District of Columbia, who shall have the same tenure of office, pay and emoluments, powers, and duties as provided by law for the justices of said court.

June 23, 1930, ch. 573, § 1, 46 Stat. 799---

T. 28, §§ 456, 792, 794, 2505 That section 2 of the Act entitled "An Act to authorize the appointment of commissioners by the Court of Claims and prescribe their powers and compensation," approved February 24, 1925 (U. S. C., title 28, sec. 270), as amended by section 711 of the Revenue Act of 1928 (U. S. C., Sup. III, title 28, sec.

270), is amended

to read as follows:

"SEC. 2. Each of the said commissioners shall devote all of his time to the duties of his office and shall receive a salary of $7,500 per annum, payable monthly out of the Treasury. The Chief Justice, or any judge of the Court of Claims, may sit at any place within the United States to take evidence in any case instituted in said court. The Chief Justice, and any judge of the court, the commissioners and stenographers authorized by the court, shall also receive their necessary traveling expenses and their actual expenses incurred for subsistence while traveling on duty and away from Washington in an amount not to exceed $10 per day in the case of the Chief Justice or any judge of the court and the commissioners, and $7 a day in the case of stenographers. The expenses of travel and subsistence herein authorized shall be paid upon order of the court."

June 24, 1930, ch. 595, 46 Stat. 806.

T. 28, § 108

That the second sentence of section 94 of the Judicial Code, as amended (United States Code, title 28, section 174), is amended to read as follows: "Terms of the district court shall be held at Carson City on the first Mondays in February, May, and October, and at Las Vegas on the first Monday in March."

June 24, 1930, ch. 596, 46 Stat. 807---

T. 28, § 124

That Willacy County, in the State of Texas, is hereby detached from the Corpus Christi division of the southern judicial district of the State of Texas, and attached to and made a part of the Brownsville division of the southern judicial district of such State: Provided, That no civil or criminal cause commenced prior to the enactment of this Act shall be in any way affected by it. June 27, 1930, ch. 633, 46 Stat. 819.

T. 28, §§ 133, 134

That the President is authorized to appoint, by and with the advice and consent of the Senate, an additional district judge for the District Court of the United States for the Southern District of California. The judge so appointed shall reside in said district and his compensation 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 the district judge herein provided for is authorized to be filled

June 27, 1930, ch. 634, 46 Stat. 820.......

T. 28, § 118

That terms of the United States District Court for the Eastern Judicial District of Pennsylvania shall be held at Easton, Pennsylvania, on the first Tuesdays in June and November of each year: Provided, however, That all writs, precepts, and processes shall be returnable to the terms at Philadelphia and all court papers shall be kept in the clerk's office at Philadelphia unless otherwise specially ordered by the court, and the terms at Philadelphia shall not be terminated or affected by the terms herein provided for at Easton: Provided further, That this authority shall continue only during such time as suitable accommodations for holding court at Easton are furnished free of expense to the United States.

June 27, 1930, ch. 635, § 1, 46 Stat. 820-

T. 28, §§ 133, 134

That the President of the United States be, and he is hereby, authorized, by and with the consent of the Senate, to appoint an additional judge of the District Court of the United States for the Southern District of Florida, who shall reside in said district, and whose compensation, duties, and powers shall be the same as now provided by law for judges of said district.

June 28, 1930, ch. 714, 46 Stat. 829----.

T. 28, §§ 116, 140

That section 101 of the Judicial Code, as amended (U. S. C., Supp. III, title 28, sec. 182), be, and the same is hereby, amended to read as follows:

•

"SEC. 101. The State of Oklahoma is divided into three three judicial districts, to be known as the northern, the eastern, and the western districts of Oklahoma. The territory embraced on January 1, 1925, in the counties of Craig, Creek, Delaware, Mayes, Nowata, Osage, Ottawa, Pawnee, Rogers, Tulsa, and Washington, as they existed on said date, shall constitute the northern district of Oklahoma. Terms of the United States District Court for the Northern District of Oklahoma shall be held at Tulsa on the first Monday in January, at Vinita on the first Monday in March, at Pawhuska on the first Monday in May, at Miami on the first Monday in November, and at Bartlesville on the first Monday in June in each year: Provided, That suitable rooms and accommodations for holding court at Pawhuska, Miami, and Bartlesville are furnished free of expense to the United States.

"The eastern district of Oklahoma shall include the territory embraced on the 1st day of January, 1925, in the counties of Adair, Atoka, Bryan, Cherokee, Choctaw, Coal, Carter, Garvin, Grady, Haskell, Hughes, Johnston, Jefferson, Latimer, Le Flore, Love, McClain, Muskogee, McIntosh, McCurtain, Murray, Marshall, Okfuskee, Okmulgee, Pittsburg, Pushmataha, Pontotoc, Seminole, Stephens, Sequoyah, and Wagoner. Terms of the district court of the eastern district shall be held at Muskogee on the first Monday in January, at Ada on the first Monday in March, at Okmulgee on the first Monday in April, at Hugo on the first Monday in May, at South McAlester on the first Monday in June, at Ardmore on the first Monday in October, at Chickasha on the first Monday in November, at Poteau on the first Monday in December in each year, and annually at Pauls Valley and Durant at such times as may be fixed by the judge of the eastern district: Provided, That suitable rooms and accommodations for holding said court at Hugo, Poteau, Ada, Okmulgee, Pauls Valley, and Durant are furnished free of expense to the United States.

"The western district of Oklahoma shall include the territory embraced on the 1st day of January, 1925, in the counties of Alfalfa, Beaver, Beckham, Blaine, Caddo, Canadian, Cimarron, Cleveland, Comanche, Cotton, Custer, Dewey, Ellis, Garfield, Grant, Greer, Harmon, Harper, Jackson, Kay, Kingfisher, Kiowa, Lincoln, Logan, Major, Noble, Oklahoma, Payne, Pottawatomie, Roger, Mills, Texas, Tillman, Washita, Woods, and Woodward. The terms of the district court for the western district shall be held at Oklahoma City on the first Monday in January, at Enid on the first Monday in March, at Guthrie on the first Monday in May, at Mangum on the first Monday in September, at Lawton on the first Monday in October, at Woodward on the first Monday in November, and at Ponca City on the first Monday in December or at such time as the district judge of such district may deem advisable: Provided, That suitable rooms and accommodations for holding court at Ponca City and Mangum are furnished free of expense to the United States: And provided further, That the district judge of said district, or in his absence, a district judge or a circuit judge assigned to hold court in said district, may postpone or adjourn to a day certain any of said terms by order made in chambers at any other place designated as aforesaid for holding court in said district.

"The clerk of the district court for the northern district shall keep his office at Tulsa; the clerk of the district court for the eastern district shall keep his office at Muskogee and shall maintain an office in charge of a deputy at Ardmore; the clerk for the western district shall keep his office at Oklahoma Čity and shall maintain an office in charge of a deputy at Guthrie."

July 3, 1930, ch. 852, 46 Stat. 1006.

T. 28, §§ 133, 134

That the additional office of district judge for the eastern district of Illinois, created by the Act entitled "An Act for the appointment of an additional circuit judge for the fourth judicial circuit, for the appointment of additional district judges for certain districts, providing for an annual conference of certain judges, and for other purposes," approved September 14, 1922, shall not be subject to the provisions of the third paragraph of section 1 of such Act, prohibiting the filling of vacancies.

Feb. 29, 1931, ch. 244, 46 Stat. 1196

T. 28, §§ 133, 134

That the President of the United States be, and he is hereby, authorized and directed to appoint, by and with the advice and consent of the Senate, an additional judge of the District Court of the United States for the Southern District of Illinois.

Feb. 20, 1931, ch. 245, 46 Stat. 1197_.

T. 28, §§ 133, 134

That the President of the United States be, and he is hereby, authorized and directed to appoint, by and with the advice and consent of the Senate, an additional judge of the District Court of the United States for the Eastern District of Michigan.

Feb. 23, 1931, ch. 280, title II (part),

46 Stat. 1323.

T. 28, § 676

The printing and binding for the Supreme Court shall be done by the printer it may employ, unless it shall otherwise order.

Feb. 25, 1931, ch. 296, 46 Stat. 1417.-.

T. 28, §§ 133, 134

That the President is authorized to appoint, by and with the advice and consent of the Senate, two additional district judges for the United States district court for the northern district of Illinois. The judges so appointed shall reside in said district and their compensation 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 offices herein provided for, is authorized to be filled.

Mar. 4, 1931, ch. 515, §§ 1-5, 46 Stat.

1528, 1529.

T. 28, §§ 1444, 2410

That, upon the conditions herein prescribed for the protection of the United States, the consent of the United States be, and it is hereby given, to be named a party in any suit which is now pending or which may hereafter be brought in any United States district court, including those for the districts of Alaska, Hawaii, and Porto Rico, and the Supreme Court of the District of Columbia, and in any State court having jurisdiction of the subject matter, for the foreclosure of a mortgage or other lien upon real estate, for the purpose of securing an adjudication touching any mortgage or other lien the United States may have or claim on the premises involved.

SEC. 2. Service upon the United States shall be made by serving the process of the court with a copy of the bill of complaint upon the United States Attorney for the district or division in which the suit has been or may be brought and by sending copies of the process and bill, by registered mail, to the Attorney General of the United States at Washington, District of Columbia. The United States shall have sixty days after service as above provided, or such further time as the court may allow, within which to appear and answer, plead or demur.

SEC. 3. Any such suit brought against the United States in any State court may be removed by the United States to the United States district court for the district in which the suit may be pending. The removal shall be effected in the manner prescribed by section 29 of the Judicial Code (title 28, sec. 72, U. S. C.): Provided, That the petition for removal may be filed at any time before the expiration of thirty days after the time herein or by the court allowed to the United States to answer, and no removal bond shall be required. The court to which the cause is removed may, before judgment, remand it to the State court if it shall appear that there is no real dispute respecting the rights of the United States, or all the other parties shall concede of record the claims of the United States.