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TABLE 6.-OMITTED LAWS-Continued Showing laws omitted from revised Title 28, U.S. C., and included in the schedule of

repealsContinued

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Section is obsolete. Costs now are governed by rules pre

scribed by the Judicial Conference of the United States

under section 1914 of this revision. Section is obsolete and unnecessary. Costs follow the

judgment under section 1920 of this revision,
Same reason as given for omitting 28 U. 8. C., $ 823, ante.
Unnecessary in view of Rule 42 (a) of the Federal Rules of

Civil Procedure.
Covered by section 1925 of this revision giving the Supreme

Court power to promulgate rules for costs in admiralty.
Superseded by Rule 4 (1) of the Federal Rules of Civil

Procedure.
Superseded by Rules 59 and 62 of the Federal Rules of Civil

Procedure.
Covered by Rule 62 (s) of the Federal Rules of Civil Pro.

cedure.
Section is obsolete in view of Act of Jan. 31, 1928, ch. 14, $1,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 in. conceivable that any court of the United States would

entertain an application for writ of error. Same reason as given for omitting 28 U.Sr., 8618. ante. Superseded by Rule 75 of the Federal Rules of Civil Pro

cedure, and Rule 49 of the Admiralty Rules. Also, there has been no such appeal to the Supreme Court

since 1925. Superseded by Rule 75 (k) of the Federal Rules of Civil

Procedure. Superseded, as to civil and criminal cases, by Rule 75 of the Federal Rules of Civil Procedure and Rule 39 (b) (1) of the Federal Rules of Criminal Procedure, and, as to ad. miralty proceedings, by rules of the circuit courts of ap

peals. 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 Superseded hy Supreme Court rules 10 and 36. See, also,

the Act of Jan. 31, ch. 14, $81, 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 regula

tion by rule of court. Superseded by Rule 73 of the Federal Rules of Civil Pro

cedure. The Act of Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54 (28 U, S. O., $861a), abolished writs of error and substituted appeals therefor. Writs of error have been abolished (28 U. S. C., 1940 ed.,

& 861a) and provisions of this section are obsolete and unnecessary for proceedings relating to appeal or cer. tiorari. Covered by Rules 62 (d) and 73 (d) of the Federal Rules of

Civil Procedure, and Supreme Court Rule 36. Superseded by Rules 46, 52, 73 and 75 of the Federal Rules

of Civil Procedure. Covered by a separate section in the bill to enact this revi.

sion. Such separate section amends section 2 of the Act of Jan, 31, 1928, ch. 14, 45 Stat. 54 (28 U. S, O., 1940 ed., $ 861b), to the extent necessary to substitute appeal for writ of error, the latter having been abolished by section 1

of said Act (28 U. S. O., 1940 ed., $ 861a). Covered by section 2412 of this revision. This merely provided the short title of the Act (Federal

Tort Claims Act) and is not properly a part of a code of general and permanent law. This subsection, providing that the provisions of law

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Mar. 4, 1931, ch. 515, § 6,

46 Stat. 1529.
Aug. 2, 1946, ch. 753, title

IV, S 401, 60 Stat. 842.
Aug. 2, 1946, ch. 753, title

28

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.

IV, 8412 (b), 60 Stat. 845.

933 (b)

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
Statutes at Large

Reasons for omission and repeal

Title

Section

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Mar. 3, 1899 ch. 425, § 18 Impliedly repealed by section 315 of Title 28 U. 8. C., 1940 (part), 30 Stat. 1154. ed. See sections 1252 and 1253 of this revision and re

viser's notes relating thereto. See, also, U. S. 0. Belt,

1943, 63 S. Ct. 1278. 319 U. S. 521, 87 L. Ed. 1559. R, S. 4799

Covered by sections 2 and 140 of this revision. Mar. 3, 1909, ch. 269, $ 6, A separate section in the bill to enact this revision amends 35 Stat. 841.

the first paragraph of section 9 of Act June 6, 1900, ch. 786, 31 Stat. 324, to incorporate these provisions requiring the appointment of four marshals in Alaska, and their resi.

dence in the divisions to which they have been assigned. Apr. 30, 1900, ch. 339, § 86 Superseded by sections of this revision incorporating the

(part), 31 Stat. 158; Mar. district court of the United States for the District of
3, 1909, ch. 269, $ 1 (part), Hawaii in the revision. See for example,, sections 91, 132
35 Stat. 838; July 9, 1921, et seq., 451, 501, 504, 541, 631, 751, 753, and 1295 of this
ch. 42, § 313 (part), 42 revision.
Stat. 119. (These provi-
sions repealed by omit.
ting them from a pro-
posed amendment to the

basic Act).
Apr. 30, 1900, ch. 339, 8 86a, Covered by section 2072 of this revision.

as added June 19, 1939,

ch. 211, 53 Stat. 841.
Mar. 2, 1917, ch. 145, $ 46, Superseded by the Administrative Act of 1939. See sec-
39 Stat. 966.

tion 604 of this revision.
Feb. 12, 1940, ch. 25, $ 1, Covered by section 2072 of this revision.

54 Stat. 22.
Mar. 2, 1917, ch. 145, $ 55, | Section was repealed as executed.

39 Stat. 968.
Jan. 7, 1913, ch. 6, 37 Stat. Superseded by section 863 of Title 48 U. S. C., as last
648.

amended by Act, Mar. 26, 1938, ch. 51, $ 2, 52 Stat. 118, parts of which are incorporated in sections 119, 134, 501, 504, 541, 631, 751 of this revision, and remainder of which is retained in said Title 48. See also, sections 604 and

610 of this revision. May 29, 1928, ch. 904, § 1, Superseded by section 5a of Title 28 U.S.C., 1940 ed. (Act, 45 Stat. 997.

May 24, 1940. ch. 213 $3, 54 Stat. 220) which, as arnended by a separate section in the bill to enact this revision, is to be transferred to Title 48 U. 8. C.

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TABLE 7.-DISTRICT OF COLUMBIA CODE OMITTED LAWS Showing laws heretofore contained in the District of Columbia Code, 1940 edition,

but repealed in the course of the revision of title 28, U. S. C. The citation in the first column gives the section number in the D. C. Code, 1940 ed.

The citation in the second column indicates the corresponding Statutes at Large, or parts thereof. The reasons for omission and repeal are given in the third column.

D. C. Code, 1940 ed., section

Revised Statutes or
Statutes at Large

Reasons for omission and repeal

Mar. 3, 1901, ch. 854, $ 560, Covered by rule 28 of the Federal Rules of Civil Proce. 31 Stat 1279.

1-503

11-305

11-309

11-314.

11-401 first

sentence.

dure, and sections 92 and 92a of title 5, U. S. C., 1940 ed. Mar. 3, 1901, ch. 854, $ 61, Covered by sections 132 et seq. of this revision.

31 Stat. 1199. Mar. 3, 1901, ch. 854, § 62, No longer necessary as the District Court for the District

31 Stat. 1199; June 30, of Columbia is inade a district court of the United States

1902, ch. 1329, 32 Stat. 522. by sections 88 and 132 of this revision.
Mar. 3, 1901, ch. 854, 8 67; Provisions are unnecessary. Such administrative matters

Apr. 19, 1920, ch. 153, 41 are more suitable for regulation by rule of court than by
S:at. 556.

statute.
Mar. 3, 1901, ch. 854, § 174, Covered by sections 951 and 952 of this revision.

first sentence, 31 Stat.

1218.
Mar. 3, 1901, ch. 854, $ 187, Covered by sections 551 and 1921 of this revision.

31 Stat. 1220.
Mar. 3, 1901, ch. 854, $ 1113, Section was almost identical with 28 U. S. C,, 1940 ed.,
31 Stat. 1366.

$ 597, which is incorporated in section 633 of this revision.

Such section 633 is sufficient.
Mar. 3, 1901, ch. 854, § 1062, Covered by rule 45 of the Federal Rules of Civil Proce.

31 Stat. 1357; June 30, dure, and rule 17 of the Federal Rules of Criminal
1902, ch. 1329, 32 Stat. 540. Procedure.

11-1102.

11-1511

14-204.

1 48 1 18

TARLE 8.-TRANSFERRED SECTIONS Showing sections in title 28, U. S. C., 1940 edition, which have been transferred or

recommended for transfer, to titles other than revised title 28, or to the District of

Columhia Code, 1940 edition. The first column indicates the sections in title 28, U. S. C., 1940 edition. The

second column indicates the tille in the United States Code to which each section in the first column has been transferred or recommended for transfer. When title 18 is indicated in the second column such reference is to revised title 18, U. S. C.. incorporated in H. R. 3190, 80th Congress, 1st Session. Title or

Title of D.C.

D. C. Section:

Code
Section:

Code 5a.

606 14.

607.

44 53. 15 632

18 101. 18 634.

18 102 18 656.

1 18 103. 18 657

1 18 121 first sentence. 18 658.

* 18 124 (part) 18 659

118 144 (c), final proviso. 11 660.

+ 18 249. 18 668.

18 377a. D. C. Code 669.

1 18 377b. D. C. Code 690.

30 377c. D. C. Code 695a.

18 385 (part) 18 695b

18 386. 18 695C.

18 387. 18 695d.

18 388

6950-1

22 389. 18 6951.

18 390 . 18 695g

18 390a 18 729

8 392. 18 737.

39 393. 22 738.

39 417a.

? 18
739.

39 419. 18 740.

39 420. 2 18 741.

39 421. 7 18 742.

39 422 1 18 743

39 426.

2 18
744.

39 504a.

18
745.

39 522. 18 784.

19 531. 18 787.

19 572a. 18 788.

39 590.

18 1 Probably as section 1392a of such title 48.

* Not included in the revision of title 18, U.S.C., but omitted and repealed in the course of that revision. See, omitted laws table in Report No. 304, to accompany H. R. 3190, 80th Congress, 1st Session.

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TABLE 9.-OMITTED SECTIONS NOT TO BE REPEALED Sections of title 28 U.S. C., 1940 ed., omitted from this revision but not to be repealed

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336

530a.

861b

This section merely provides the authority for an appropriation to carry into effect

the provisions of secs. 332-335 of title 28 Ù. S. C., 1940 ed. (secs, 411, 412, 673 of this
revision), and is unnecessary in the revision.
Provisions relate to a subject mo e properly regulated by individual appropriation

Acts, and, in any event, are not necessary in a Code.
This section is emen e l in a separate section of the bill to enact this revision, but it is
omitted from the revision of title 28 as it is general in nature. It provides the au.
thority to substitute “appeal" for "writ of error" wherever the latter words appear

in various titles of the Cole. The writ of error was abolished by the same act. This section preserved the existing authority of Federal agencies to settle tort claims

not cognizable under section 2672 of this revision. Certain enunciate l laws grant. ing such authority were specifically repeale i by section 424 (a) of the Federal Tort Claims Act (Aug. 2, 1946, ch. 753, title IV, § 401 et. seq.) which section was also omitted from this revision. These provisions were not included in this revision as they are not properly a part of a code of general and permanent law.

946.

TABLE 10.-CROSS. REFERENCES FOR TITLE 28 Showing under specified sections and chapters of revised title 28, related subject

matter in other sections and chapters of this title and other titles of the United States Code, 1940 edition.

PART I. ORGANIZATION OF COURTS District of Columbia, organization of courts, see title 11 of District of Columbia Code, 1940 ed.

CHAPTER 1. SUPREME COURT Allotment of Supreme Court Justices to circuits, see section 42 of this title. Circuit justices competent to sit as judges of the courts of appeals, see section 43 of this title.

Jurisdiction of Supreme Court, see sections 1251 et seq. of this title.
Section 1

Appointment of Supreme Court Justices, see U. S. Const., Art. 2, § 2, cl. 2.
Creation of Supreme Court, see U.S. Const., Art. 3, § 1.
Justices to hold office during good behavior, see U.S. Const., Art. 3, § 1.
Oath of Justice, see section 453 of this title.

Official station of Supreme Court Justices, see section 456 of this title.
Section 2

Courts always open, see section 452 of this title.

Official station of Supreme Court Justices, see section 456 of this title. Section 5

Compensation not to be diminished during continuance in office, see U. S. Const. Art. 3, § 1.

Payment of salaries by Marshal of Supreme Court, see section 672 of this title. Retirement of Justices, see sections 371 et seq. of this title.

Traveling and subsistence expenses of Justices, payment of, see section 456 of this title.

CHAPTER 3. COURTS OF APPEALS
Jurisdiction of courts of appeals, see sections 1291 et seq. of this title.
Section 43

Assignment of circuit judges to other circuits or courts, see sections 291 et seq. of this title.

Authority to create courts inferior to Supreme Court, see U. S. Const., Art. 3, 81. Section 44

Assignment of circuit judges to other circuits or courts, see sections 291 et seq. of this title.

Compensation not to be diminished during continuance in office, see U. S. Const. Art. 3, § 1.

Judges to hold office during good behavior, see U. S. Const., Art. 3, § 1.
Oath of judge, see section 453 of this title.
Official station of circuit judges, see section 456 of this title.
Payment of salaries by United States marshal, see section 550 of this title.

Retirement of judges, see sections 371 et seq. of this title.
Section 48
Courts always open, see section 452 of this title.

CHAPTER 5. DISTRICT COURTS Alaska, Canal Zone, and Virgin Islands district courts, see sections 101, 1344, 1405x, and 1405z of title 48.

Jurisdiction and venue of district courts, see sections 1331 et seq. and 1391 et seq. of this title.

Temporary judicial districts in newly acquired territories, see section 1453a of title 48.

Three-judge courts, composition, see section 2284 of this title. Section 132

Alaska, Canal Zone, and Virgin Islands district courts, see sections 101, 1344, and 1405x of title 48.

Assignment of district judges to other districts or courts, see sections 292 et seq. of this title.

Authority to create courts inferior to Supreme Court, see U.S. Const., Art. 3, § 1.

Jurisdiction and venue of district courts, see sections 1331 et seq. and 1391 et seq. of this title.

Three-judge courts, composition and procedure, see section 2284 of this title. Section 133

Alaska, Canal Zone, and Virgin Islands, appointment and number of district judges, see sections 101, 112, 1344, 1350, 1353, and 1405y of title 48.

Assignment of district judges to other districts or courts, see sections 292 et seq. of this title.

Judges to hold office during good behavior, see section 134 of this title and U. S. Const., Art. 3, § 1.

Oath of judge, see section 453 of this title. Section 134

Alaska and Canal Zone district judges, tenure and residence, see sections 101, 112, and 1353 of title 48.

Judges to hold office during good behavior, see U. S. Const., Art. 3, § 1.
Official station of district judges, see section 456 of this title.

Virgin Islands district judge, tenure, see section 1405y of title 48.
Section 135

Alaska district judges, salaries, see section 101 of title 48.
Canal Zone district judge, salary, see section 1348 of title 48.

Compensation not to be diminished during continuance in office, see U. S. Const. Art. 3, § 1.

Payment of salaries by marshal, see section 550 of this title.
Retirement of judges, see sections 371 et seq. of this title.

Virgin Islands district judge, salary, see section 1392a of title 48.
Section 138

Alaska, Canal Zone and Virgin Islands district courts, times for holding terms, see sections 102, 1344 and 14052 of title 48.

Courts always open, see section 452 of this title. Section 141

Alaska, Canal Zone and Virgin Islands district courts, times for holding terms, see sections 102, 1344 and 14052 of title 48.

CHAPTER 7. COURT OF Claims
Jurisdiction of Court of Claims, see sections 1491 et seq. of this title.
Section 171

Oath of judge, see section 453 of this title.

Official station of Court of Claims judges, see section 456 of this title. Section 173

Retirement of judges, see sections 371 et seq. of this title.
Section 174

Courts always open, see section 452 of this title.
Official station of Court of Claims judges, see section 456 of this title.

CHAPTER 9. Court OF CUSTOMS AND PATENT APPEALS
Jurisdiction of Court of Customs and Patent Appeals, see sections 1541, et seq.
of this title.
Section 211

Oath of judge, see section 453 of this title.

Official station of judges of the Court of Customs and Patent Appeals, see section 456 of this title. Section 213

Retirement of judges, see sections 371 et seq. of this title. Section 214

Courts always open, see section 452 of this title. Section 216

Distribution of reports and digests, see sections 411 et seq. of this title.

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