TABLE 6.-OMITTED LAWS-Continued Showing laws omitted from revised Title 28, U. S. C., and included in the schedule of repeals Continued' U. S. C., 1940 ed. Revised Statutes or Title Section Reasons for omission and repeal Mar. 3, 1911, ch. 231, § 238, Feb. 13, 1925, ch. 229, § 2, Feb. 13, 1925, ch. 229, § 7, Mar. 3, 1911, ch. 231, § 254, Mar. 3, 1911, ch. 231, § 255, 36 Stat. 1160. Mar. 3, 1911, ch. 231, § 264, Oct. 15, 1914, ch. 323, § 17, Oct. 15, 1914, ch. 323, § 18, Oct. 15, 1914, ch. 323, § 19, Mar. 3, 1911, ch. 231, § 267, Mar. 3, 1911, ch. 231, § 269, Mar. 3, 1911, ch. 231, § 274a, Mar. 3, 1911, ch. 231, § 289, 36 Stat. 1167. Mar. 3, 1911, ch. 231, § 291, Mar. 3, 1911, ch. 231, § 292, Mar. 3, 1911, ch. 231, § 293, Mar. 3, 1911, ch. 231, § 294, Mar. 3, 1911, ch. 231, § 295, Section purported to list the only provisions for direct appeals to the Supreme Court from the district courts but in fact did not. Its provisions were unnecessary and misleading, and their repeal, in view of sections 1252 and 1253 of this revision and section 3731 of revised Title 18 U. S. C. (H. R. 3190, 80th Congress, 1st Session) will remove doubt and uncertainty. See, also, reviser's notes relating to said sections 1252 and 1253 of this revision. Section is superfluous as section 1254 of this revision, which was derived from sections 346 and 347 of Title 28 U. S. C., 1940 ed., referred to in this section, applies to any case in the circuit courts of appeals. Section is obsolete and superseded by the Philippine Independence Act. Covered by Supreme Court Rule 32. Provisions relate to a subject more appropriate for regula. tion by rule of court. Unnecessary as the District of Columbia is made a judicial Provisions are surplusage and now governed by the Federal Covered by Rule 65 of the Federal Rules of Civil Procedure Covered by Rule 65 (c) of the Federal Rules of Civil Procedure. Covered by Rule 65 (d) of the Federal Rules of Civil Procedure. Section is obsolete in view of Rules 1 and 2 of the Federal Rules of Civil Procedure abolishing distinctions between actions at law and suits in equity. First sentence is superseded by Rule 59 of the Federal Rules of Civil Procedure, and Rule 33 of the Federal Rules of Criminal Procedure. Part of the second sentence is superseded by Rule 61 of said Civil Rules, and Rule 52 of said Criminal Rules. The remainder is merely expressive of the inherent appellate power to disregard technical errors, defects, or exceptions which do not affect the substantial rights of the parties. Obsolete in view of Rule 2 of the Federal Rules of Civil Procedure abolishing the distinctions between actions at law and suits in equity. Obsolete in view of Rule 2 of the Federal Rules of Civil Pro- Superseded by Rule 24 (b) of the Federal Rules of Criminal Provisions are obsolete and have been executed. Provisions are obsolete and have been executed. Executed and not necessary in this new revision. Section is surplusage. Sections 1-5 of Title 1 U. S. C., 1940 ed., would apply without this implementation. Provisions are obsolete and have been executed. Provisions are obsolete and have been executed. Provisions are obsolete and have been executed. Mar. 3, 1911, ch. 231, § 298, Provisions are obsolete and have been executed. 36 Stat. 1169. Mar. 3, 1911, ch. 231, § 299, 36 Stat. 1169. Mar. 3, 1911, ch. 231, § 300, Feb. 13, 1925, ch. 229, § 6 R. S. & 791. 510 R. S. 792.. Provisions are obsolete and have been executed. Provisions are obsolete and have been executed. Subsection (b) is covered by sections 41, 43 and 2253 of this revision. Subsection (c) is covered by section 1254 of this revision. Subsection (d) is unnecessary and also covered by section 1254 of this revision. Covered by Rules 73-75 and 81 (a) (2) of the Federal Rules of Civil Procedure. Unnecessary in view of section 547 of this revision. TABLE 6.-OMITTED LAWS-Continued Showing laws omitted from revised Title 28, U. S. C., and included in the schedule of repeals Continued' R. S. § 797; Mar. 1, 1879, Feb. 22, 1875, ch. 95, §4. 18 Feb. 22, 1875, ch. 95, § 5, 18 May 28, 1896, ch. 252, § 21, Feb. 11, 1925, ch. 204, § 1, 28 28 28 570 575 578b 578c 581 586a Apr. 26. 1922, ch. 146, 42 Feb. 26, 1919, ch. 49, § 6, Mar. 2, 1895, ch. 189, § 1, Aug. 18, 1894, ch. 301, §1, May 28, 1896, ch. 252, § 6, July 19, 1919, ch. 24, § 1, Feb. 22, 1875, ch. 95, § 1 May 28, 1896, ch. 252, § 16, May 28, 1896, ch. 252, § 17, May 28, 1896, ch. 252, § 24, Section is obsolete, useless and out of harmony with current administrative practice, according to advice of the Administrative Office of the United States Courts. Superseded by the Administrative Office Act of 1939, Title 28 U. S. C., 1940 ed., § 444 et seq. See sections 601 et seq., also 751, of this revision. Aug. 1, 1946, ch. 721, § 5, Apr. 26, 1926, ch. 183, § 4, 605 R. S. § 851. 609 R. S. §857. Superseded by the Federal Rules of Civil Procedure. See, particularly, Rule 81 (b) thereof. Superseded and covered by section 751 of this revision which provides that the clerk shall be subject to removal by the court. Covered by Rule 55 of the Federal Rules of Criminal Procedure. Provisions as to fees are covered by section 1914 of this Section is obsolete in view of Administrative Office Act of Section is obsolete and superseded by the Administrative Obsolete in view of section 508 of this revision and current practice. Section was limited to the appropriation Acts of which it was a part. Covered by section 547 of this revision. Section is obsolete. Government salaries are paid semi- Section unnecessary as sections 1821, 1825, and 1871 of this TABLE 6.-OMITTED LAWS-Continued Showing laws omitted from revised Title 28, U. S. C., and included in the schedule of repeals Continued U.S. C.,1940 ed. Revised Statutes or Title Section Reasons for omission and repeal Governed by Rule 43 of the Federal Rules of Civil Procedure. Section related only to prosecutions for certain offenses Superseded by Rule 43 (a) of the Federal Rules of Civil Superseded by Rules 34 and 55 of the Federal Rules of Civil Covered by sections 92 and 92a of Title 5 U. S. C., 1940 ed., Incorporated in and superseded by Rules 26 et seq. of the Covered by Rule 27 (a) (4) of the Federal Rules of Civil Covered by Rules 26 et seq. of the Federal Rules of Civil Superseded by Rule 17 of the Federal Rules of Criminal Superseded by Rule 17 (f) of the Federal Rules of Criminal Superseded by Rule 17 (e) of the Federal Rules of Criminal Superseded by Rule 17 of the Federal Rules of Criminal Covered by section 1733 of this revision. Section was omitted as obsolete and executed. Section was omitted as obsolete and executed. Section was omitted as obsolete and executed. Provisions are meaningless in a new revision and code. Covered by Rule 64 of the Federal Rules of Civil Procedure. Section is obsolete. Section is obsolete in civil actions. In admiralty proceedings, the Admiralty Court has power to consolidate under Rule 16 of such court. As to civil actions, superseded by the Federal Rules of Civil Procedure, and, in admiralty proceedings, provisions are unnecessary. Covered by Rule 4 of the Federal Rules of Civil Procedure, Rules 4 and 9 of the Federal Rules of Criminal Procedure, and Rule 1 of the Admiralty Rules. Covered by sections 1607 and 1610 of Title 19 U. S. C., 1940 Covered by Rule 64 of the Federal Rules of Civil Procedure. Covered by sections 1607 and 1610 of Title 19 U. S. C., 1940 TABLE 6. OMITTED LAWS-Continued Showing laws omitted from revised Title 28, U. S. C., and included in the schedule of repeals Continued' R. S. 943.. 28 757 R. S. § 944. R. S. § 946. R. S. $947. Mar. 3, 1887, ch. 359, § 6, Mar. 3, 1887, ch. 359, § 7, 24 Stat. 506. R. S. § 948. 769 R. S. § 950 771 Provisions relate to a subject more appropriate for regulation through rule-making power. Provisions relate to a subject more appropriate for regulation through rule-making power. Provisions merely outline a procedure which would be followed anyhow. Provisions relate to a subject more appropriate for regulation through rule-making power. Part is superseded by Rules 4 (d), 12 (a), and 55 (e) of the Covered by Rules 52 and 75 of the Federal Rules of Civil Covered by Rule 4 (h) of the Federal Rules of Civil Pro- Covered by Rule 20 of the rules of the Supreme Court. Feb. 16, 1875, ch. 77, § 1, This section, as originally enacted, related to the old circuit courts in which jurisdiction in admiralty proceedings was Superseded and covered by Rules 39 (c) and 48 of the Covered by Rules 38 et seq. of the Federal Rules of Civil Covered by section 2406 of this revision. Covered by Rules 46, 63, and 75 of the Federal Rules of Civil Covered by Rules 1. 15, and C1 of the Federal Rules of Civil Superseded by Rules 25 and 81 of the Federal Rules of Superseded by Rules 25 and 81 of the Federal Rules of Civil Feb. 13, 1925, ch. 229, § 11, Superseded by Rules 25 and 81 of the Federal Rules of 779 28 780 43 Stat. 941. 28 June 1, 1922, ch. 2D4, title Civil Procedure. Covered by Rule 12 (a) of the Federal Rules of Civil Procedure and section 2407 of this revision. Section is obsolete. R. S. §§ 3037 and 3038, which author- Superseded by section 462 of Title 31 U. S. C., 1940 ed. Covered in part by Rule 79 of the Federal Rules of Civil Adequate provision for costs is made by Rules 41 (d), 42 (a), TABLE 6. OMITTED LAWS-Continued Showing laws omitted from revised Title 28, U. S. C., and included in the schedule of repeals Continued ́ Reasons for omission and repeal Section is obsolete. Costs now are governed by rules prescribed by the Judicial Conference of the United States under section 1914 of this revision. Section is obsolete and unnecessary. Costs follow the Same reason as given for omitting 28 U. S. C., § 823, ante. Covered by section 1925 of this revision giving the Supreme Superseded by Rules 59 and 62 of the Federal Rules of Civil Covered by Rule 62 (f) of the Federal Rules of Civil Pro- Section is obsolete in view of Act of Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54 (28 U. S. C., 1940 ed., § 861a), abolishing writs of error. 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 (k) of the Federal Rules of Civil Superseded, as to civil and criminal cases, by Rule 75 of the Provisions are unnecessary and covered by Supreme Court rules. 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 Covered by a separate section in the bill to enact this revi- This merely provided the short title of the Act (Federal This subsection, providing that the provisions of law governing review by the Supreme Court of cases in the courts of appeals and the Court of Claims shall apply to review of tort claims cases, was omitted and repealed as covered by sections 1254 and 1255 of this title. |