§ 795. Bailiff and messenger. The Court of Claims may appoint a bailiff and a messenger who shall be subject to removal by the court. The bailiff shall attend the court, preserve order, and perform such other necessary duties as the court directs. (June 25, 1948, ch. 646, 62 Stat. 924.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 244 (Mar. 3, 1911, ch. 231, § 139, 36 Stat. 1136). The provision in section 244 of title 28, U. S. C., 1940 ed., that the bailiff should serve 4 years unless sooner removed by the court for cause, was changed by omitting the 4-year tenure and removal "for cause" requirement. As revised this section conforms with sections relating to the similar court officers. Term "chief messenger" in section 244 of title 28, U. S. C., 1940 ed., was changed to "messenger" as the court has but one messenger. A provision of section 244 of title 28, U. S. C., 1940 ed., providing for appointment of a clerk and assistant is incorporated in section 791 of this title, and a provision thereof, relating to powers and duties of the clerk, his deputies and assistants, is incorporated in section 956 of this title. The second paragraph was added to conform with sections 713, 755, and 834 of this title. Changes were made in phraseology. Reviser's Note.-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. CROSS REFERENCES Compensation and expenses of clerks of court, their deputies, etc., see section 604 of this title. Oath and bond of clerks and deputies, see sections 951 and 952 of this title. § 832. Marshal. The Court of Customs and Patent Appeals may appoint a marshal who shall serve within the District of Columbia and shall be subject to removal by the court. He shall attend the court at its sessions, and shall serve and execute all process and orders issuing from it. He shall purchase books and supplies, supervise the library and perform such other duties as the court may direct. Under regulations prescribed by the Director of the Administrative Office of the United States Courts, he shall pay the salaries of judges, officers, and employees of the court and disburse funds appropriated for the expenses of the court. United States marshals for other districts where sessions of the court are held shall serve as marshals of the court. (June 25, 1948, ch. 646, 62 Stat. 924; May 24, 1949, ch. 139, § 76, 63 Stat. 101.) LEGISLATIVE HISTORY Reviser's Note.-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. AMENDMENTS 1949-Act May 24, 1949, substituted "Administrative" for "Administration". CROSS REFERENCES Compensation and expenses of court officers and employees, see section 604 of this title. § 833. Reporter. (a) The Court of Customs and Patent Appeals may appoint a reporter who shall be subject to removal by the court. (b) The reporter shall prepare and transmit: (1) To the Secretary of the Treasury, weekly, for publication, copies of all opinions relating to customs rendered by the court; (2) To the Commissioner of Patents, weekly, for publication, copies of all opinions relating to patent and trade-mark appeals rendered by the court. (c) The reporter also shall compile and publish, at least once a year, in such manner as the court directs, all opinions rendered by the court during the year, together with necessary digests and indexes as the court directs. (June 25, 1948, ch. 646, 62 Stat. 925.) LEGISLATIVE HISTORY Reviser's Note.-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, U. S. C., 1940 ed., are incorporated in sections 604, 831, 834 and 956 of this title. Specific reference to "Treasury Decision" and "Official Gazette" were deleted as unnecessary. Changes were made in phraseology. CROSS REFERENCES Compensation and expenses of court officers and employees, see section 604 of this title. § 834. Bailiffs and messengers. The Court of Customs and Patent Appeals may appoint necessary bailiffs and messengers who shall be subject to removal by the court. Each bailiff shall attend the court, preserve order, and perform such other necessary duties as the court directs. (June 25, 1948, ch. 646, 62 Stat. 925.) LEGISLATIVE HISTORY Reviser's Note.-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. Changes were made in phraseology. CROSS REFERENCES may be necessary for the effective dispatch of the business of the court, who shall be subject to removal by the court. (June 25, 1948, ch. 646, 62 Stat. 925; Sept. 9, 1959, Pub. L. 86-243, § 1, 73 Stat. 474.) LEGISLATIVE HISTORY Reviser's Note.-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 title 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. AMENDMENTS 1959-Pub. L. 86-243 included chief deputy clerk and assistant clerk in the catchline, transferred the appointing authority from the chief judge to the Customs Court, provided for appointment of a chief deputy clerk, an assistant clerk and deputy clerks and for power of removal and deleted reference to the civil service laws with respect to appointments. SAVINGS CLAUSE Section 4 of Pub. L. 86-243 provided that: "Nothing contained in the amendments made by this Act [enacting section 873 and amending sections 253, 550, 871 and 872 of this title] shall be construed to deprive any person serving on the date of enactment of this Act [Sept. 9, 1959] as an officer or employee of the Customs Court of any rights, privileges, or civil service status, if any, to which such person is entitled under the laws of the United States or regulations thereunder." CROSS REFERENCES Compensation and expenses of clerks of court, their deputies, etc., see section 604 of this title. Disbursement of salaries and expenses by marshal, see section 571 of this title. Oath and bond of clerks and deputies, see sections 951 and 952 of this title. § 872. Marshal and deputy marshals. The Customs Court may appoint a marshal and deputy marshals, who shall be subject to removal by the court. The marshal and his deputies shall attend court at its sessions, serve and execute all process and orders issued by it, and exercise the powers and perform the duties concerning all matters within such court's jurisdiction assigned to them by the court. Under regulations prescribed by the Director of the Administrative Office of the United States Courts, the marshal shall pay the salaries, office expenses, and travel and subsistence allowances of the judges, officers, and employees of the court, and shall disburse funds appropriated for all expenses of the court. On all disbursements made by the marshal of the Customs Court for official salaries or expenses, the certificate of the payee shall be sufficient without verification on oath. (June 25, 1948, ch. 646, 62 Stat. 925; May 24, 1949, ch. 139, § 78, 63 Stat. 101; Sept. 9, 1959, Pub. L. 86-243, § 1, 73 Stat. 474.) LEGISLATIVE HISTORY Reviser's Note.-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 marshal performs such duties. (See section 547 of this title.) Changes were made in phraseology. 1959-Pub. L. 86-243 substituted "Marshal and deputy marshals" for "Marshal; appointment" in the catchline, transferred the appointing authority from the chief Judge to the Customs Court, deleted references to appointment of assistants and to the civil service laws, provided for power of removal and added the provisions for making disbursements under prescribed regulations and without the requirement of payee's verification under oath. 1949-Act May 24, 1949, struck out "and tenure" from the catchline. SAVINGS CLAUSE Amendment of section by Pub. L. 86-243 not to deprive Customs Court officers or employees of any rights, privileges, or civil service status, see section 4 of Pub. L. 86-243, set out as a note under section 871 of this title. CROSS REFERENCES Compensation and expenses of court officers and employees, see section 604 of this title. Disbursement of salaries and expenses by United States marshal, see section 571 of this title. United States marshal to be marshal of Customs Court elsewhere than in Southern and Eastern Districts of New York, see section 569 of this title. § 873. Criers, bailiffs, and messengers. The Customs Court may appoint such criers as it may require for said court, which criers shall also perform the duties of bailiffs and messengers and such other duties as the court directs and shall be subject to removal by the court. (Added Pub. L. 86-243, § 1, Sept. 9, 1959, 73 Stat. 474.) SAVINGS CLAUSE Enactment of section by Pub. L. 86-243 not to deprive Customs Court officers or employees of any rights, privileges, or civil service status, see section 4 of Pub. L. 86-243, set out as a note under section 871 of this title. Chapter 57.-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 restricted. 956. Powers and duties of clerks and deputies. 957. Clerks ineligible for certain offices. 958. Persons ineligible as receivers. Reviser's Note.-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. § 952. Bonds of clerks and deputies. (a) The clerks of all courts other than the Supreme Court shall each give bond to the United States in an amount fixed by the Director of the Administrative Office of the United States Courts, and with sureties approved by the court appointing him, conditioned on the faithful and seasonable discharge of the duties of his office. Such bond shall be filed in the Administrative Office. (b) A renewed or augmented bond may be required at any time by the Director. (c) A copy of each bond so furnished shall be kept on file in the office of the clerk furnishing it. (d) In like manner and with like effect, such courts may require deputy clerks and assistants to give bond to the United States for the faithful and seasonable discharge of their duties, without affecting the liability of the clerk for the acts of his deputies or assistants. (June 25, 1948, ch. 646, 62 Stat. 926.) LEGISLATIVE HISTORY Reviser's Note.-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, §§ 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 or 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., 2d sess., on Judiciary Appropriation Bill for 1945, page 102.) Changes were made in phraseology. § 953. Administration of oaths and acknowledgments. Each clerk of court and his deputies may administer oaths and affirmations and take acknowledgments. (June 25, 1948, ch. 646, 62 Stat. 926.) LEGISLATIVE HISTORY Reviser's Note.-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 523 of title 28, U. S. C., 1940 ed., part of section 1114 (a) of title 26, U. S. C., 1940 ed., section 11-402 of the District of Columbia Code, 1940 ed. As respects acknowledgments, sections 264, 523 and 525 of title 28, U. S. C., 1940 ed., and section 11-402 of District of Columbia Code, 1940 ed., referred only to the Court of Claims and the District Court for the District of Columbia. However, section 555 of said title 28, before amendment in 1944, provided for the collection of a fee by district court clerks for taking acknowledgments. The 1944 amendment provided for the fixing of fees by the Judicial Conference of the United States. If notaries and other minor officials may take acknowledgments there seems to be no reason why clerks of Federal courts and their deputies should not have such power. Words "Except as provided in section 591 of this title," in section 525 of title 28, U. S. C., 1940 ed., were omitted. Under such section 591, the provisions of such section 525 were inapplicable to the Territory of Alaska, but a later act of June 6, 1900, ch. 786, § 7, 31 Stat. 324, section 106 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions, provided that clerks of the District Court for Alaska should perform the duties required or authorized to be performed by clerks of United States courts in other districts. Provisions of section 525 of title 28, U. S. C., 1940 ed., relating to United States commissioners are incorporated in section 637 of this title. Provisions of section 264 of title 28, U. S. C., 1940 ed., and section 1114 (a) of title 26, U. S. C., 1940 ed., relating to administration of oaths and acknowledgments by judges, are incorporated in section 459 of this title. For distribution of other provisions of such section 1114 (a) of title 26, see Distribution Table. Changes in phraseology were made. SENATE REVISION AMENDMENT Those provisions of this section which related to the Tax Court were eliminated by Senate amendment, therefore section 1114 (a) of Title 26, U. S. C., Internal Revenue Code, was not a part of the source of this section upon final enactment. The Senate amendments also eliminated section 1114 (a) of the Internal Revenue Code from the schedule of repeals. See 80th Congress Senate Report No. 1559. § 954. Death of clerk; duties of and remedies against deputies. Upon the death of any clerk of court, his deputy or deputies shall execute the duties of the deceased clerk in his name until his successor is appointed and qualifies. The default or misfeasance of any deputy shall be a breach of the deceased clerk's bond and his executor or administrator shall have like remedies against such deputy for such default or misfeasance as the clerk would have had if the clerk had continued in office. The compensation of a deceased clerk of the Supreme Court may be paid to his personal representatives until his successor is appointed and qualifies. (June 25, 1948, ch. 646, 62 Stat. 926.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 8, 222 and 327 (Mar. 3, 1911, ch. 231, §§ 4, 125, 221, 36 Stat. 1087, 1132, 1153). Section consolidates parts of sections 8, 222 and 327 of title 28, U. S. C., 1940 ed. Sections 8, 222 and 327 of title 28, U. S. C., 1940 ed., related only to district courts, courts of appeals and the Supreme Court, respectively. This section applies to all Federal courts and is in conformity with section 548 of this title relating to death of a United States marshal. The provision for continuance of the salary of the clerk of the Supreme Court until his successor is appointed and qualifies was inserted to preserve existing law as declared in the unpublished opinion of Chief Justice Taft, March 23, 1932 (filed in the Department of Justice), with respect to a deceased clerk of the Supreme Court. Other provisions of sections 8, 222 and 327 of title 28, U. S. C., 1940 ed., are incorporated in sections 671, 711, and 751 of this title. § 955. Practice of law restricted. The clerk of each court and his deputies and assistants shall not practice law in any court of the United States. (June 25, 1948, ch. 646, 62 Stat. 926.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 395 and 396 (Mar. 3, 1911, ch. 231, §§ 273, 274, 36 Stat. 1164). Section consolidates parts of sections 395 and 396 of title 28, U. S. C., 1940 ed. The remainder, relating to United States marshals and their deputies, is incorporated in section 556 of this title. Sections 395 and 396 of title 28, U. S. C., 1940 ed., have been extended to include all clerks, deputies, and assistants. The revised section substitutes as simpler and more appropriate, the prohibition against practice of law "in any court of the United States." (See reviser's note under section 556 of this title.) For explanation of provisions omitted from sections 395 and 396 of title 28, U. S. C., 1940 ed., also see reviser's note under section 556 of this title. Changes in phraseology were made. § 956. Powers and duties of clerks and deputies. The clerk of each court and his deputies and assistants shall exercise the powers and perform the duties assigned to them by the court. (June 25, 1948, ch. 646, 62 Stat. 926.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 221, 244, 304 and 305 (Mar. 3, 1911, ch. 231, §§ 124, 139, 191, 192, 36 Stat. 1132, 1136, 1144; June 16, 1930, ch. 494, 46 Stat. 589). This section contains only a part of sections 221, 244, 304 and 305 of title 28, U. S. C., 1940 ed. The other provisions of such sections are incorporated in sections 604, 711, 831, 833, 834, 957 and 1926 of this title. Sections 221, 244, 304 and 305 of title 28, U. S. C., 1940 ed., related to the clerks of the circuit courts of appeals, the Court of Claims and the Court of Customs and Patent Appeals. The phrase "assigned to them by the court" was substituted for the indefinite provision of section 221 of title 28, U. S. C., 1940 ed., that the clerk of each circuit court of appeals "shall exercise the same powers and perform the same duties as are exercised and performed by the clerk of the Supreme Court, so far as the same may be applicable." * This section is new insofar as it affects the Clerk of the Supreme Court and clerks of the district courts and the Customs Court. Existing law does not prescribe the powers and duties of those clerks. The duties of the clerk of the Customs Court have been prescribed by the rules of such court adopted May 29, 1936. Changes were made in phraseology. § 957. Clerks ineligible for certain offices. (a) A clerk of a district court or any of his deputies shall not be appointed a commissioner, master, referee or receiver in any case, unless there are special reasons requiring such appointment which are recited in the order of appointment. (b) The clerk or assistant clerks of the Court of Customs and Patent Appeals shall not be appointed a commissioner, master or referee in any case. (June 25, 1948, ch. 646, 62 Stat. 926.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 127, 304 (Mar. 3, 1911, ch. 231, §§ 68, 191, 36 Stat. 1105, 1144). Section consolidates section 127 with part of 304 of title 28, U. S. C., 1940 ed. Provisions of section 304 of title 28, U. S. C., 1940 ed., relating to appointment, powers, duties, and compensation of the clerk of the Court of Customs and Patent Appeals, and table of fees are incorporated in sections 604, 831, 956 and 1926 of this title. Appointment and compensation of masters for district courts, see Rule 53 (a) of the Federal Rules of Civil Procedure. The words "commissioner" and "referee" did not appear in section 127 of title 28, U. S. C., 1940 ed. They were added to subsection (a) to remove possible ambiguity. Words "by the court or any judge thereof" in section 304 of title 28, U. S. C., 1940 ed., were omitted as surplusage. Words "or assistant clerks" and "in any case" were added in subsection (b) to make the section applicable to that officer and consistent with the prohibition in this section against deputies of district court clerks. Minor changes were made in phraseology. CROSS REFERENCES Appointment of clerk or deputy clerk as commissioner, see section 631 (b) of this title. For provision against the appointment of certain other officers as receivers, see section 958 of this title. § 958. Persons ineligible as receivers. A person holding any civil or military office or employment under the United States or employed by any justice or judge of the United States shall not at the same time be appointed a receiver in any case in any court of the United States. (June 25, 1948, ch. 646, 62 Stat. 926.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 527 (May 28, 1896, ch. 252, § 20, 29 Stat. 184; Dec. 28, 1945, ch. 592, 59 Stat. 659). Provisions of section 527 of title 28, U. S. C., 1940 ed., relating to ineligibility of various persons as United States commissioner appear as section 631 of this title. Words "Janitor of any Government building" were omitted as covered by words "person holding any civil or military employment under the United States" used in the revised section. The general language of the revised section was substituted for the provisions of section 527 of title 28, U. S. C., 1940 ed., enumerating certain officers and employees. The exception of Alaska by reference to "section 591 of this title" in section 527 of title 28, U. S. C., 1940 ed., was omitted as surplusage. Alaska is excluded by reason of the words "any court of the United States" which are limited by definitive section 451 of this title. Changes in phraseology were made. § 959. Trustees and receivers suable; management; State laws. (a) Trustees, receivers or managers of any property, including debtors in possession, may be sued, without leave of the court appointing them, with respect to any of their acts or transactions in carrying on business connected with such property. Such actions shall be subject to the general equity power of such court so far as the same may be necessary to the ends of justice, but this shall not deprive a litigant of his right to trial by jury. (b) A trustee, receiver or manager appointed in any cause pending in any court of the United States, including a debtor in possession, shall manage and operate the property in his possession as such trustee, receiver or manager according to the requirements of the valid laws of the State in which such property is situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof. (June 25, 1948, ch. 646, 62 Stat. 926.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 124, 125 (Mar. 3, 1911, ch. 231, §§ 65, 66, 36 Stat. 1104). Section consolidates part of section 124 of title 28, U. S. C., 1940 ed., with section 125 of the same title. The criminal penalty for violation of said section 124 is incorporated in section 1911 of Title 18, Crimes and Criminal Procedure. Section was extended and made applicable to trustees and debtors in possession. The provision at the end of subsection (a) for preserving the right to a jury trial was added to clarify the intent of section 125 of title 28, U.S. C., 1940 ed., as construed in Vany v. Receiver of Toledo, St. L. and K. C. R. R. Co., C. C. 1895, 67 F. 379. Changes in phraseology were made. CROSS REFERENCES Mismanagement of property by receiver, criminal penalty, see section 1911 of Title 18, Crimes and Criminal Procedure. Process and orders affecting property in different districts, see section 1692 of this title. Receivers of property in different districts, jurisdiction, see section 754 of this title. FEDERAL RULES OF CIVIL PROCEDURE Capacity to sue or be sued, see rule 17 (b), Appendix to this title. SECTION REFERRED TO IN OTHER SECTIONS |