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June 11, 1932, ch. 242, 47 Stat. 300-

T. 28, § 122 That section 106 of the Act to codify, revise, and amend the laws relating to the judiciary (U. S. C., title 28, sec. 187) be amended to read as follows:

"SEC. 106. The State of South Dakota shall constitute one judicial district, to be known as the district of South Dakota. The territory embraced on the 1st day of January 1932, in the counties of Aurora, Beadle, Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas, Gregory, Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton, and in the Yankton Indian Reservation, shall constitute the southern division of said district; the territory, embraced on the date last mentioned in the counties of Brown, Campbell, Clark Codington, Corson, Day, Deuel, Edmunds, Grant, Hamlin, McPherson, Marshall, Roberts, Spink, and Walworth, and in the particular territory set apart and reserved for the use and benefit of the Sisseton and Wahpeton Bands of the Sioux Tribe of Indians, and known as the Lake Traverse Reservation, and in that portion of the Standing Rock Indian Reservation lying in South Dakota, shall constitute the northern division; the territory embraced on the date last mentioned in the counties of Armstrong, Buffalo, Dewey, Faulk, Haakon, Hand, Hughes, Hyde, Jackson, Jerauld, Jones, Lyman, Potter, Stanley, Sully, and Ziebach, and in the Cheyenne River, Lower Brule, and Crow Creek Indian Reservations, shall constitute the central division; and the territory embraced on the date last mentioned in the counties of Bennett, Butte, Custer, Fall River, Harding, Lawrence, Meade, Mellette, Pennington, Perkins, Shannon, Todd, Tripp, Washabaugh, and Washington, and in the Rosebud and Pine Ridge Indian Reservations, shall constitute the western division. Terms of the district court for the southern division shall be held at Sioux Falls on the third Tuesday in March and the third Tuesday in October; for the northern division, at Aberdeen on the third Tuesday in April and the second Tuesday in November; for the central division, at Pierre on the second Tuesday in May and the first Tuesday in October; and for the western division, at Deadwood on the first Tuesday in June and the first Tuesday in September. The clerk of the district court shall maintain an office in charge of himself or a deputy at Sioux Falls, at Pierre, at Aberdeen, and at Deadwood, which shall be kept open for the transaction of the business of the court."

June 29, 1932, ch. 305, 47 Stat. 341..

T. 28, § 114

That section 99 of the Judicial Code, as amended (U. S. C., title 28, sec. 180), be amended to read as follows:

"SEC. 99. 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, 1932, in the counties of Adams, Billings, Bowman, Burleigh, Dunn, Emmons, Golden Valley, Grant, Hettinger, Kidder, Logan, McIntosh, McLean, Mercer, Morton, Oliver, Sioux, Slope, and Stark shall constitute the southwestern division of said district; and the territory embraced on the date last mentioned in the counties of Barnes, Cass, Ransom, Richland, Sargent, and Steele shall constitute the southeastern division; and the territory embraced on the date last mentioned in the counties of Benson, Bottineau, Cavalier, Grand Forks, McHenry, Nelson, Pembina, Ramsey, Rolette, Traill, Walsh, Towner, and Pierce shall constitute the northeastern division; and the territory embraced on the date last mentioned in the counties of Burke, Divide, McKenzie, Mountrail, Renville, Ward, and Williams shall constitute the northwestern division; and that the territory embraced on the date last mentioned in the counties of Dickey, Eddy, Foster Griggs, La Moure, Sheridan, Stutsman, and Wells 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 second Tuesday in March; for the southeastern division, at Fargo on the second Tuesday in December; for the northeastern division, at Devils Lake on the second Tuesday in May and at Grand Forks on the second Tuesday in November; and for the northwestern division, at Minot on the second Tuesday in April; and for the central division at Jamestown on the second Tuesday in October. 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."

July 1, 1932, ch. 361, title II (part), 47

Stat. 490.

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. 20, 1933, ch. 107, 47 Stat. 859--

T. 28, § 113

That the proviso in the fifth paragraph of section 98 of the Judicial Code, as amended (U. S. C., title 28, sec. 179), is hereby amended to read as follows: "Provided, That the cities of Winston-Salem and Rockingham shall each provide and furnish at its own expense a suitable and convenient place for holding the district court until Federal buildings containing quarters for the court are erected at such places."

Feb. 28, 1933, ch. 133, 47 Stat. 1350..

T. 28, § 113

That the Act of May 10, 1928, entitled "An Act to provide for the times and places for holding court for the eastern district of North Carolina" (45 Stat. 495), is hereby amended to read as follows:

"That the terms of the District Court for the Eastern District of North Carolina shall be held at Durham on the first Mondays in March and September; at Raleigh a one-week civil term on the second Mondays in March and September, and a criminal term only on the second Monday after the fourth Monday in April and October; at Fayetteville on the third Mondays in March and September; at Elizabeth City on the fourth Monday in March and the first Monday in October; at Washington on the first Monday in April and the fourth Monday in September; at New Bern on the second Mondays in April and October; at Wilson on the third Mondays in April and October; and at Wilmington a two-week term on the fourth Mondays in April and October: Provided, That this Act shall take effect on July 1, 1928: And provided further, That at Wilson and Durham it shall be made incumbent upon each place to provide suitable facilities for holding the courts." Mar. 1, 1933, ch. 144, title II (part), 47

*

Stat. 1382.

T. 28, § 676

* and to be executed by such printer as the court may designate Mar. 1, 1933, ch. 144, title II (part), 47

Stat. 1383.

T. 28, § 636

Provided, That the statutory fees of United States commissioners for services rendered after June 30, 1933, shall be applicable and payable only when an account therefor is rendered by the commissioner within one year after the rendition of such services.

Mar. 3, 1933, ch. 212, title II, § 19, 47
Stat. 1519.

T. 28, §§ 791, 2520

(a) The Court of Claims of the United States is authorized and directed, under such rules as it may prescribe, to impose a fee in an amount not in excess of $10 to be fixed by the court for the filing of any petition in any case instituted after the enactment of this Act, and for the hearing of any case before the court, a judge, or a commissioner thereof, pending at the time of the enactment of this Act.

(b) The court is authorized and directed to charge and collect a fee of 10 cents a folio for preparing and certifying a transcript of the record for the purpose of a writ of certiorari sought by the plaintiff and for furnishing certified copies of judgments or other documents in cases in said court: Provided, That not less than $5 shall be charged for each certified copy of findings of fact and opinion of the court to be filed in the Supreme Court of the United States.

(c) The court is also authorized and directed to charge and collect for each certified copy of its findings of fact and opinion a fee of 25 cents for five pages or less, 35 cents for those over five and not more than ten pages, 45 cents for those over ten and not more than twenty pages, and 50 cents for those of more than twenty pages.

(d) The clerk of the Court of Claims shall account to the Attorney General for all such fees and shall deposit such fees to the credit of the Treasurer of the United States in the same manner as is provided in the case of collections by clerks of district courts as provided by section 9 of the Act entitled "An Act to fix the salaries of clerks of the United States district courts and to provide for their office expenses, and for other purposes," approved February 26, 1919, as amended (U. S. C., title 28, sec. 567).

June 15, 1933, ch. 80, 48 Stat. 148.

T. 28, § 86

That the State of Connecticut shall constitute one judicial district to be known as the "district of Connecticut." Terms of the district court shall be held at New Haven on the second Tuesday in February and the third Tuesday in September; at Hartford on the second Tuesday in May and the first Tuesday in December;

60852-47-34

at Norwalk on the third Tuesday in April; and at Columbia on the first Tuesday in September: Provided, That suitable rooms and accommodations shall be furnished for the holdings of said court and for the use of the officers of said court at Norwalk and Columbia free of expense to the Government of the United States. June 16, 1933, ch. 94, 48 Stat. 253--

T. 28, § 123

That Bedford County of the Nashville division of the middle district of the State of Tennessee is hereby detached from the Nashville division and attached to and made a part of the Winchester division of the middle district of such State. June 16, 1933, ch. 102, 48 Stat. 310____.

T. 28, § 44 That the President is authorized, by and with the advice and consent of the Senate, to appoint a circuit judge to fill the vacancy in the United States Circuit Court of Appeals for the Ninth Judicial Circuit occasioned by the death of Honorable William B. Gilbert. A vacancy occurring at any time in the office of circuit judge referred to in this section is authorized to be filled.

June 16, 1933, ch. 103, 48 Stat. 311_---

T. 28, § 2404

That no civil action to recover damages, brought by the United States or in its behalf, or in which the United States shall be directly or indirectly interested, and pending against any defendant prior to the time of his death, in any court of the United States, shall abate by reason of the death of any such defendant; but any such action shall survive and be enforceable against the estate of any such deceased defendant. This Act shall not be construed to deprive the plaintiff in any such action of any remedy which he may have against a surviving defendant. Apr. 7, 1934, ch. 104, title II (part), 48

Stat. 539.

T. 28, § 676

* * *, and to be executed by such printer as the court may designate. May 7, 1934, ch. 222, § 4, 48 Stat. 668--

1. T. 28, § 672 Appropriations for the work under the jurisdiction of the Architect of the Capitol shall be disbursed by the Marshal upon certified vouchers submitted by the Architect of the Capitol.

May 14, 1934, ch. 283, § 1, 48 Stat. 775.

T. 28, § 1342

That the first paragraph of section 24 of the Judicial Code, as amended, is amended by adding at the end thereof the following: "Notwithstanding the foregoing provisions of this paragraph, no district court shall have jurisdiction of any suit to enjoin, suspend, or restrain the enforcement, operation, or execution of any order of an administrative board or commission of a State, or any rate-making body of any political subdivision thereof, or to enjoin, suspend, or restrain any action in compliance with any such order, where jurisdiction is based solely upon the ground of diversity of citizenship, or the repugnance of such order to the Constitution of the United States, where such order (1) affects rates chargeable by a public utility, (2) does not interfere with interstate commerce, and (3) has been made after reasonable notice and hearing, and where a plain, speedy, and efficient remedy may be had at law or in equity in the courts of such State."

May 23, 1934, ch. 339, 48 Stat. 796.

T. 28, § 45

That in case the senior circuit judge of any circuit is unable because of illness or other cause to exercise any power given or to perform any duty imposed by law, such power or duty shall be exercised or performed by the other judges of that circuit in the order of the seniority of their respective commissions.

June 7, 1934, ch. 426, 48 Stat. 926

T. 28, §§ 41, 43

That the court established by the Act of February 9, 1893 (27 Stat. 434), entitled "An Act to establish a court of appeals for the District of Columbia, and for other purposes", shall hereafter be known as the United States Court of Appeals for the District of Columbia.

June 18, 1934, ch. 585, 48 Stat. 993

T. 28, § 960

That any receiver, liquidator, referee, trustee, or other officers or agents appointed by any United States court who is authorized by said court to conduct any business, or who does conduct any business, shall, from and after the enactment of this Act, be subject to all State and local taxes applicable to such business the same as if such business were conducted by an individual or corporation:

Provided, however, That nothing in this Act contained shall be construed to prohibit or prejudice the collection of any such taxes which accrued prior to the approval of this Act, in the event that the Uni ed States court ha ing nal jurisdiction of the subject matter under existing law should adjudge and decide that the imposition of such taxes was a valid exercise of the taxing power by the State or States, or by the civil subdivisions of the State or States imposing the same. June 19, 1934, ch. 651, §§ 1, 2, 48 Stat. 1064.

T. 28, § 2072

That the Supreme Court of the United States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law. Said rules shall neither abridge, enlarge, nor modify the substantive rights of any litigant. They shall take effect. six months after their promulgation, and thereafter all laws in conflict therewith shall be of no further force or effect.

SEC. 2. The court may at any time unite the general rules prescribed by it for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both: Provided, however, That in such union of rules the right of trial by jury as at common law and declared by the seventh amendment to the Constitution shall be preserved to the parties inviolate. Such united rules shall not take effect until they shall have been reported to Congress by the Attorney General at the beginning of a regular session thereof and until after the close of such session.

June 19, 1934, ch. 653, § 6 (a), 48 Stat.

1109.

T. 28, § 1733

(a) Section 882 of the Revised Statutes (U. S. C., title 28, sec. 661) is amended to read as follows:

"SEC. 882. (a) Copies of any books, records, papers, or other documents in any of the executive departments, or of any corporation all of the stock of which is beneficially owned by the United States, either directly or indirectly, shall be admitted in evidence equally with the originals thereof, when duly authenticated under the seal of such department or corporation, respectively.

"(b) Books or records of account in whatever form, and minutes (or portions thereof) of proceedings, of any such executive department or corporation, or copies of such books, records, or minutes authenticated under the seal of such department or corporation, shall be admissible as evidence of any act, transaction, occurrence, or event as a memorandum of which such books, records, or minutes were kept or made.

"(c) The seal of any such executive department or corporation shall be judicially noticed."

June 19, 1934, ch. 653, § 7, 48 Stat. 1109_

T. 28, § 2408

Section 1001 of the Revised Statutes, as amended (U. S. C., title 28, sec. 870), is amended by inserting immediately after the word "Government" the following: "or any corporation all the stock of which is beneficially owned by the United States, either directly or indirectly”.

June 19, 1934, ch. 656, § 1, 48 Stat. 1116_

Omitted

That section 938 of the Revised Statutes (U. S. C., title 28, sec. 751) is amended by adding at the end thereof the following new sentence: "Notwithstanding the provisions of this section or any other provisions of law relating to the return on bond of vessels seized for the violation of any law of the United States, the court having jurisdiction of the subject matter, may, in its discretion and upon good cause shown by United States, refuse to order such return of any such vessel to the claimant thereof."

June 19, 1934, ch. 662, 48 Stat. 1119_.

T. 28, § 2001

That section 1 of the Act of Congress approved the 3d day of March 1893, chapter 225, be amended so as to read as follows:

"All real estate or any interest in land sold under any order or decree of any United States court shall be sold at public sale, at the courthouse of the county, parish, or city in which the property, or the greater part thereof, is located, or upon the premises, as the court rendering such order or decree of sale may direct: Provided, however, That the court may, upon petition therefor and a hearing thereon after such notice to parties in interest as said court shall direct, if it find that the best interests of said estate will be conserved thereby, order and decree the sale

of such real estate or interest in land at private sale: Provided further, That the court shall appoint three disinterested persons to appraise said property, and said sale shall not be confirmed for less than two-thirds of the appraised value." June 19, 1934, ch. 664, 48 Stat. 1120__

T. 28, § 114

That section 99 of the Judicial Code, as amended (U. S. C., title 28, sec. 180), be amended to read as follows:

"SEC. 99. 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 1932, in the counties of Adams, Billings, Bowman, Burleigh, Dunn Emmons, Golden Valley, Grant, Hettinger, Kidder, Logan, McIntosh, McLean, Mercer, Morton, Oliver, Sioux, Slope, and Stark shall constitute the southwestern division of said district; and the territory embraced on the date last mentioned in the counties of Barnes, Cass, Dickey, Eddy, Foster, Griggs, La Moure, Ransom, Richland, Sargent, Sheridan, Steele, Stutsman, and Wells shall constitute the southeastern division; and the territory embraced on the date last mentioned in the counties of Benson, Bottineau, Cavalier, Grand Forks, Nelson, McHenry, Pembina, Pierce, Ramsey, Rolette, Traill, Towner, and Walsh shall constitute the northeastern division; and the territory embraced on the date last mentioned in the counties of Burke, Divide, McKenzie, Mountrail, Renville, Ward, and Williams shall constitute the northwestern 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 second Tuesday in March; for the southeastern division, at Fargo on the second Tuesday in December and at Jamestown on the second Tuesday in October; for the northeastern division, at Devils Lake on the second Tuesday in May and at Grand Forks on the second Tuesday in November; and for the northwestern division, at Minot on the second Tuesday in April. 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."

June 19, 1934, ch. 673, 48 Stat. 1177...

T. 28, § 2251

That section 766 of the Revised Statutes, as amended, be, and it is hereby further amended so as to read as follows:

"Pending the proceedings or appeal in the cases mentioned in the three preceding sections, and until final judgment therein, and after final judgment of discharge, any proceeding against the person so imprisoned and confined or restrained of his liberty, in any State court, or by or under the authority of any State, for any matter so heard and determined, or in process of being heard and determined, under such writ of habeas corpus, may be stayed by a judge of any court of the United States in which are pending any such proceedings or appeal. After the granting of such a stay any such proceeding in any State court, or by or under the authority of any State, subsequent thereto pending the final adjudication of such habeas corpus proceedings in the court of the United States shall be deemed null and void. If no such stay is granted, any such proceeding in any State court, or by or under the authority of any State, shall be as valid and of as full force and effect as if no proceedings or appeal in the cases mentioned in the three preceding sections were pending in any court of the United States. No such appeal shall be had or allowed unless taken within three months after the date of the judgment or order complained of. Any proceeding, except final judgment or execution thereof, heretofore taken in any State court, or by or under the authority of any State, for any matter heard and determined, or in process of being heard and determined, in any proceeding or appeal in the cases mentioned in the three preceding sections now pending in any court of the United States, shall be as valid and of as full force and effect as if no such proceedings or appeal had been pending in any court of the United States at the time such proceeding was taken.” Apr. 24, 1935, ch. 77, 49 Stat. 159, 160.. T. 28, § § 2001, 2002, 2004

That the Act entitled "An Act to regulate the manner in which property shall be sold under orders and decrees of any United States courts", approved March 3, 1893 (ch. 225, 27 Stat. 751, as amended; U. S. C., title 28, secs. 847, 848, and 849), be, and it is hereby amended to read as follows:

SECTION 1. All real estate or any interest in land sold under any order or decree of any United States court shall be sold at public sale at the courthouse of the county, parish, or city in which the property, or the greater part thereof, is located, or upon the premises or some parcel thereof located therein, as the court rendering

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