Based on title 28, U. S. C., 1940 ed., §§ 304 and 305 (Mar. 3, 1911, ch. 231, §§ 191, 192, 36 Stat. 1144; June 16, 1930, ch. 494, 46 Stat. 589). This section consolidates parts of sections 304 and 305 of title 28, U.S. C., 1940 ed. The remaining provisions of said sections are incorporated in sections 604, 833, 834, 956, 957 and 1926 of this title.

A provision of section 305 of title 28, U. S. C., 1940 ed., that the assistant clerk and stenographic clerks should perform the duties assigned them by the court, was omitted as unnecessary and covered by rule of court.

Words "seat of government" were substituted for "city of Washington, District of Columbia," for purposes of uniformity. Other sections of this title relating to offices now kept in Washington, D. C., have been similarly revised.

Changes in phraseology were made.

SECTION 832-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 303 (Mar. 3, 1911, ch. 231, § 190, 36 Stat. 1144).

This section relates only to provisions in section 303 of title 28, U. S. C., 1940 ed., relating to duties of the marshal. Provisions relating to salary are incorporated in section 604 of this title.

The specific language of this section is substituted for the requirement in section 303 of title 28, U. S. C., 1940 ed., that the marshal should have the same duties as the Supreme Court marshal as provided on March 3, 1911. Such duties were contained in section 331 of title 28, U. S. C., 1940 ed. Provisions for the duty of taking charge of property used by the court referred to in said section 331, as well as that in said section 303 for purchasing books and supplies and for payment thereof, are retained and the section rewritten to reflect existing administrative procedure.

Changes were made in phraseology.

SECTION 833-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 305 (Mar. 3, 1911, ch. 231, § 192, 36 Stat. 1144; June 16, 1930, ch. 494, 46 Stat. 589).

Other provisions of section 305 of title 28, Ú. S. C., 1940 ed., are incorporated in sections 604, 831, 834 and 956 of this title.

Specific reference to "Treasury Decision" and "Officer Gazette" were deleted as unnecessary.

Changes were made in phraseology.

SECTION 834-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 305 and 306 (Mar. 3, 1911, ch. 231, §§ 192, 193, 36 Stat. 1144; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; June 16, 1930, ch. 494, 46 Stat. 589).

Section consolidates parts of sections 305 and 306 of title 28, U. S. C., 1940 ed.

Other provisions of sections 305 and 306 of title 28, U. S. C., 1940 ed., are incorporated in sections 604, 831, 833, and 956 of this title.

The tenure provision of section 305 of title 28, U. S. C., 1940 ed., that all officers, including the clerk, should "hold office during the pleasure" of the court, was revised to read "who shall be subject to removal by the court." For similar tenure provision as to clerks, see pertinent sections in this chapter and chapters 47 and 49 of this title.

The second paragraph was added to conform with sections 713, 755, and 795 of this title as declaratory of existing administrative practice.

Sec.

Changes were made in phraseology.

CHAPTER 55. CUSTOMS COURT

871. Clerk, deputies, assistants and other employees. 872. Marshal.

SECTION 871-SECTION REVISED

Based on section 6 of title 19, U. S. C., 1940 ed., Customs Duties (May 4, 1923, ch. 251, § 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748; May 28, 1926, ch. 411, § 1, 44 Stat. 669; June 17, 1930, ch. 497, title IV, §§ 518, 649, 46 Stat. 737, 762).

Section is based on the last two sentences of section 6 of title 19, U. S. C., 1940 ed., which provided for appointment by the Attorney General in conformity with the civil service laws. This and other administrative powers of the Department of Justice with respect to the courts were transferred to the Administrative Office of the United States Courts by section 446 of 28 U. S. C., 1940 ed., which is section 604 of this title. The revised section vests the power of appointment in the chief judge to conform with section 253 of this title and rules 5 and 22 of the Rules of the Customs Court adopted May 29, 1936.

Changes were made in phraseology.

SECTION 872-SECTION REVISED

Based on section 6 of title 19, U. S. C., 1940 ed., Customs Duties (May 4, 1923, ch. 251, § 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748; May 28, 1926, ch. 411, § 1, 44 Stat. 669; June 17, 1930, ch. 497, title IV, §§ 518, 649, 46 Stat. 737, 762).

Section is based on the last two sentences of section 6 of title 19, U. S. C., 1940 ed., which made no express mention of a marshal but provided "The Attorney General shall likewise appoint and fix the compensation of the clerks and other employees of the United States Customs Court in conformity with the civil service laws." This and

other administrative powers of the Department of Justice with respect to the courts were transferred to the Administrative Office of the United States Courts by section 604 of this title (section 446 of title 28, U. S. C., 1940 ed.). The revised section rests the power of appointment in the chief judge in conformity with section 253 of this title and rules 5 and 22 of the Rules of the Customs Court adopted May 29, 1936.

Existing law does not prescribe the powers and duties of the marshal of the Customs Court. The revised section is similar to section 956 of this title relating to the duties of the clerks of courts and is consistent with the rules of Customs Court.

In districts other than the southern District of New York the United States marshall performs such duties. (See section 547 of this title.) Changes were made in phraseology.

CHAPTER 57. TAX COURT

Sec.

911. Clerk; employees; commissioners.

SECTION 911-SECTION REVISED

Based on sections 1114 (b) and 1130 (a) of title 26 U. S. C., 1940 ed., Internal Revenue Code (Feb. 10, 1939, ch. 2, §§ 1114 (b), 1130 (a), 53 Stat. 160, 162; Feb. 25, 1944, ch. 63, title V, § 503, 58 Stat. 72).

Section consolidates section 1114 (b) with a part of section 1130 (a) of title 26 U. S. C., 1940 ed.

Specific provision for appointment of a clerk was inserted in con-. formity with similar provisions relating to other courts.

A provision of section 1130 (a) of title 26, U. S. C., 1940 ed., as to employees' compensation is incorporated in section 604 of this title. Changes were made in phraseology.

CHAPTER 59. GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND EMPLOYEES

Sec.

951. Oath of office of clerks and deputies.

952. Bonds of clerks and deputies.

953. Administration of oaths and acknowledgments.

954. Death of clerk; duties of and remedies against deputies.

955. Practice of law by clerks restricted.

956. Powers and duties of clerks and deputies.

957. Clerks ineligible for certain offices.

958. Persons ineligible as receivers.

959. Trustees and receivers suable; management; State laws. 960. Tax liability.

961. Office expenses of clerks.

962. Traveling expenses.

963. Courts defined.

SECTION 951-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 512 (R. S., § 794; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167).

Section 512 of title 28, U. S. C., 1940 ed., applied only to the Clerk of the Supreme Court and clerks and deputies of the district courts. This section is applicable to the Supreme Court and to all courts established by Act of Congress.

The last sentence of section 512 of title 28, U. S. C., 1940 ed., reading "The words 'So help me God.' shall be omitted in all cases where an affirmation is admitted instead of an oath," was omitted as unnecessary because on affirmation such words would not be included. As revised, the section conforms with section 453 of this title providing for the form of judicial oath.

Minor changes were made in phraseology.

SECTION 952-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 246, 513-517 (R. S., §§ 795, 796; Feb. 22, 1875, ch. 95, §§ 2, 3, 18 Stat. 333; Mar. 3, 1911, ch. 231, 88 141, 291, 36 Stat. 1136, 1167; July 1, 1918, ch. 113, § 1, 40 Stat. 683). Section consolidates sections 246, 513-517, of title 28, U. S. C., 1940 ed.

As respects all clerks, except the Clerk of the Supreme Court, all functions of the Attorney General are vested in the Director of the Administrative Office of the United States Courts in accordance with the Act of August 7, 1939, ch. 501, § 6, 53 Stat. 1226, 28 U. S. C., 1940 ed., following § 446. Similarly, supervision by the Secretary of the Treasury over the bond of the clerk of the Court of Claims under said section 246 was vested in such Director. Said Act creating the Administrative Office does not apply to the Supreme Court.

The provisions of sections 513 and 514 of title 28, U. S. C., 1940 ed., that a duly certified copy of such bond shall be prima facie evidence in any United States court are incorporated in section 1737 of this title.

The provisions of sections 514, 516 of title 28, U. S. C., 1940 ed., that the office of the clerk should be deemed vacant upon his failure to furnish the required bond were omitted as unnecessary since each clerk is removable at the pleasure of the court appointing and the court, with the exception of the Supreme Court of the United States, is subject to the directions of the Judicial Conference of the United States and the respective judicial councils.

Statutory limitations as to the amounts of such bonds, $5,000 to $40,000 in the case of district court clerks in sections 514 and 515, of title 28, U. S. C., 1940 ed., were omitted. The Director of the Administrative Office of the United States Courts should have wide discretion in such administrative matters. (See hearings before Appropriations Committee, House of Representatives, 78th Cong. 2nd sess., on Judiciary Appropriation Bill for 1945, page 102.) Changes were made in phraseology.

SECTION 953-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 264, 523 and 525, section 1114 (a) of title 26, U. S. C., 1940 ed., Internal Revenue Code, and District of Columbia Code, 1940 ed., § 11-402 (R. S. § 799; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1901, ch. 854, § 178, 31 Stat. 1219; June 30, 1902, ch. 1329, 32 Stat. 527; Mar. 3, 1911, ch. 231, §§ 158, 291, 36 Stat. 1139, 1167; Feb. 10, 1939, ch. 2, § 1114 (a), 53 Stat. 160; Oct. 21, 1942, ch. 619, title V, § 504 (a) (c), 56 Stat. 957; Feb. 25, 1944, ch. 63, title V, § 503, 58 Stat. 72).

This section consolidates a part of section 525, sections 264 and of title 28, U. S. C., 1940 ed., part of section 1114 (a) of title U. S. C., 1940 ed., section 11-402 of the District of Columbia Co 1940 ed.

As respects acknowledgments, sections 264, 523 and 525 of t 28, U. S. C., 1940 ed., and section 11-402 of District of Columbia C 1940 ed., referred only to the Court of Claims and the District C for the District of Columbia. However, section 555 of said title before amendment in 1944, provided for the collection of a fe district court clerks for taking acknowledgments. The 1944 am ment provided for the fixing of fees by the Judicial Conference o United States. If notaries and other minor officials may take ack edgments there seems to be no reason why clerks of Federal court their deputies should not have such power.

Words "Except as provided in section 591 of this title," in s 525 of title 28, U. S. C., 1940 ed., were omitted. Under such s 591, the provisions of such section 525 were inapplicable to th ritory of Alaska, but a later Act of June 6, 1900, ch. 786, § 7,3 324, section 106 of title 48, U. S. C., 1940 ed., Territories and Possessions, provided that clerks of the District Court for should perform the duties required or authorized to be perfor clerks of United States courts in other districts.

Provisions of section 525 of title 28, U. S. C., 1940 ed., rel United States commissioners are incorporated in section 637 title.

Provisions of section 264 of title 28, U. S. C., 1940 ed., an 1114 (a) of title 26, U. S. C., 1940 ed., relating to administ caths and acknowledgments by judges, are incorporated in se of this title. For distribution of other provisions of suc 1114 (a) of title 26, see Distribution Table. Changes in phraseology were made.

SECTION 954-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., §§ 8, 222 and 327 (M ch. 231, §§ 4, 125, 221, 36 Stat. 1087, 1132, 1153).

Section consolidates parts of sections 8. 222 and 327 U. S. C., 1940 ed.

Sections 8, 222 and 327 of title 28, U. S. C., 1940 ed., 1 to district courts, courts of appeals and the Supreme Co tively. This section applies to all Federal courts and is in with section 548 of this title relating to death of a U marshal.

The provision for continuance of the salary of the Supreme Court until his successor is appointed and inserted to preserve existing law as declared in the unpublis of Chief Justice Taft, March 23, 1932 (filed in the De. Justice), with respect to a deceased clerk of the Supreme

Other provisions of sections 8, 222 and 327 of title 28, on ed., are incorporated in sections 671, 711, and 751 of thi