United States District Court for the Eastern District of Oklahoma at Durant, Oklahoma."

QUARTERS AT BRYSON CITY, NORTH CAROLINA

Act July 20, 1956, ch. 657, 70 Stat. 594, provided: "That the limitations and restrictions contained in section 142, title 28, of the United States Code, shall be waived insofar as pertains to holding court by the United States District Court for the Western District of North Carolina at Bryson City, North Carolina."

QUARTERS AT KLAMATH FALLS, OREGON

Act Sept. 23, 1950, ch. 1006, 64 Stat. 982, provided: "That section 142 of title 28 of the United States Code (relating to accommodations at places for holding court) shall not apply to the holding of court at Klamath Falls, Oregon, by the United States District Court for the District of Oregon."

QUARTERS AT NEWNAN, GEORGIA

Act Aug. 21, 1950, ch. 767, 64 Stat. 469, provided that: "The limitations and restrictions contained in section 142, title 28, of the United States Code, shall be waived insofar as pertains to holding court for the Newnan Division of the United States District Court at Newnan, Georgia."

QUARTERS AT ROCK ISLAND, ILLINOIS

Section 2 of act Aug. 10, 1950, ch. 675, 64 Stat. 438, provided that: "Notwithstanding the provisions of section 142, title 28, United States Code, quarters and accommodations for holding court for the United States district court for the southern district, northern division of Illinois, may be furnished in Rock Island, Illinois, in any proposed Federal building construction project."

Quarters at THOMASVILLE, GEORGIA

Act Oct. 26, 1949, ch. 744, 63 Stat. 923, provided: "That, notwithstanding the provisions of section 142 of title 28, United States Code, quarters and accommodations for holding court for the United States District Court for the Middle District of Georgia may be furnished in Thomasville, Georgia, in any proposed Federal building construction project."

QUARTERS AT BRUNSWICK, GEORGIA

Act Oct. 26, 1949, ch. 740, 63 Stat. 921, provided: "That the limitations and restrictions contained in section 142, title 28, of the United States Code, shall be waived insofar as pertains to holding court for the Brunswick Division of the United States District Court at Brunswick, Georgia." § 143. Vacant judgeship as affecting proceedings.

When the office of a district judge becomes vacant, all pending process, pleadings and proceedings shall, when necessary, be continued by the clerk until a judge is appointed or designated to hold such court. (June 25, 1948, ch. 646, 62 Stat. 898.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 26 (Mar. 3, 1911, ch. 231, § 22, 36 Stat. 1090).

The last clause of section 26 of title 28, U. S. C., 1940, ed., prescribing the powers of a designated judge was omitted as covered by section 296 of this title. Minor changes were made in phraseology.

§ 144. Bias or prejudice of judge.

Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.

The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within

such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith. (June 25, 1948, ch. 646, 62 Stat. 898; May 24, 1949, ch. 139, § 65, 63 Stat. 99.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 25 (Mar. 3, 1911, ch. 231, § 21, 36 Stat. 1090). The provision that the same procedure shall be had when the presiding judge disqualifies himself was omitted as unnecessary. (See section 291 et seq. and section 455 of this title.)

Words, "at which the proceeding is to be heard," were added to clarify the meaning of words, "before the beginning of the term." (See U. S. v. Costea, D. C. Mich. 1943, 52 F. Supp. 3.)

Changes were made in phraseology and arrangement. AMENDMENTS

1949-Act May 24, 1949, substituted in second sentence of second par. "in any case" for "as to any judge".

Jurisdiction of Court of Claims, see sections 1491 et seq. of this title.

RULES OF THE UNITED STATES COURT OF CLAIMS See Appendix to this title.

§ 171. Appointment and number of judges; character of court.

The President shall appoint, by and with the advice and consent of the Senate, a chief judge and four associate judges who shall constitute a court of record known as the United States Court of Claims. Such court is hereby declared to be a court established under article III of the Constitution of the United States. (June 25, 1948, ch. 646, 62 Stat. 898; July 28, 1953, ch. 253, § 1, 67 Stat. 226; Sept. 3, 1954, ch. 1263, § 39 (a), 68 Stat. 1240.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 241 (Mar. 3, 1911, ch. 231, § 136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, § 4, 40 Stat. 1157; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919).

This section contains a part of section 241 of title 28, U. S. C., 1940 ed. The remainder of such section, relating to tenure, salaries and oath, is incorporated in sections 173 and 453 of this title.

The term "chief judge" was substituted for "Chief Justice." (See reviser's note under section 136 of this title.)

Words "a court of record known as" were added. For similar provision covering other Federal courts, see sections 132, 211, and 251 of this title.

The official status of the Chief Justice of the Court of Claims holding office on the effective date of this act is preserved by section 2 of the bill to enact revised title 28. Minor changes were made in arrangement and phraseology.

AMENDMENTS

1954 Act Sept. 3, 1954, added "; character or court" to the catchline.

1953-Act July 28, 1953, added second sentence.

CHIEF JUSTICE TO BE KNOWN AS CHIEF JUDGE Section 2 (a) of act June 25, 1948, provided in part that the Chief Justice of the Court of Claims in office on Sept. 1, 1948, shall be thereafter known as the Chief Judge.

CONTINUATION OF ORGANIZATION OF COURT Section 2 (b) of act June 25, 1948, provided in part that the provisions of this title as set out in section 1 of act June 25, 1948, with respect to the organization of the court, shall be construed as continuations of existing law, and the tenure of the judges, officers, and employees, in office on Sept. 1, 1948, shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title, pursuant to his prior appointment.

CROSS REFERENCES

Oath of judge, see section 453 of this title.

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

§ 172. Precedence of judges.

The chief judge of the Court of Claims shall have precedence and preside at any session of the court which he attends.

The other judges shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. (June 25, 1948, ch. 646, 62 Stat. 898.)

LEGISLATIVE HISTORY

Reviser's Note.-This section applies to the judges of the Court of Claims the same rule of precedence applicable to judges of other courts. (See sections 45, 136, 212, and 253 of this title.)

CHIEF JUSTICE AS CHIEF JUDGE

The Chief Justice in office on Sept. 1, 1948, shall be renamed the chief judge under the provisions of section 2 (a) of act June 25, 1948.

§ 173. Tenure and salaries of judges.

The chief judge and associate judges of the Court of Claims shall hold office during good behavior. Each shall receive a salary of $33,000 a year. (June

25, 1948, ch. 646, 62 Stat. 898; Mar. 2, 1955, ch. 9, § 1(d), 69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426, title IV, § 403 (d), 78 Stat. 434.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 241 (Mar. 8, 1911, ch. 231, § 136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, § 4, 40 Stat. 1157; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919: July 31, 1946, ch. 704, § 1, 60 Stat. 716).

This section is based on part of section 241 of title 28, U. S. C., 1940 ed. That portion relating to number, appointment of judges and their oaths, is incorporated in sections 171 and 453 of this title.

A provision for monthly salary payments was omitted since time of payment is a matter for administrative determination. (See 20 Comp. Gen. 834.)

The term "chief judge" was substituted for "Chief Justice." (See reviser's note under section 136 of this title.) Minor changes were made in phraseology.

AMENDMENTS

1964-Pub. L. 88-426 increased the salary of the judges of the Court of Claims from $25,500 to $33,000.

1955-Act Mar. 2, 1955, increased the salaries of the Judges of the Court of Claims from $17,500 to $25,500 a year.

EFFECTIVE DATE OF 1964 AMENDMENT Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426,

set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF 1955 AMENDMENT Amendment to this section by act Mar. 2, 1955, effective Mar. 1, 1955, see note under section 31 of Title 2, The Congress. INCREASE OF SALARIES

Prior to June 25, 1948, salaries of judges of the Court of Claims were increased as follows:

The salaries of the chief judge and associate judges were increased from $12,500 to $17,500 a year by act July 31, 1946, ch. 704, § 1, 60 Stat. 716.

The salary of the Chief Justice, now the chief judge, was increased from $8,000 to $12,500 a year, and the salaries of the associate justices, now judges, were increased from $7,500 to $12,500 a year by act Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919.

The salary of the Chief Justice was increased from $6,500 to $8,000 a year, and the salaries of the associate justices were increased from $6,000 to $7,500 a year by act Feb. 25, 1919, ch. 29, § 1, 40 Stat. 1156.

The salary of the chief justice was set at $6,500, and the salaries of the associate justices were set at $6,000 by the Judicial Code of 1911, act Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1135.

The Court of Claims shall hold at the seat of government an annual term at a time to be fixed by rule of court. (June 25, 1948, ch. 646, 62 Stat. 898.) LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 243 (Mar. 3, 1911, ch. 231, § 138, 36 Stat. 1136).

This section is based on first sentence of section 243 of title 28, U. S. C., 1940 ed. The remainder of said section is incorporated in section 175 of this title.

Words "the seat of government" were substituted for "the city of Washington" to conform to similar language respecting the Supreme Court. (See section 2 of this title.)

Words "to be fixed by rule of court" were added to provide greater flexibility in administering the business of the court. For similar provisions covering the district courts, see section 138 of this title.

Word "term" was substituted for "session" for uniformity.

Minor changes were made in phraseology.

CROSS REFERENCES

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

RULES OF THE UNITED STATES COURT OF CLAIMS Court always open, see rule 3, Appendix to this title. Term, see rule 3.

§ 175. Quorum.

Three judges of the Court of Claims constitute a quorum. The concurrence of three judges is necessary to any decision. (June 25, 1948, ch. 646, 62 Stat. 898.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 243 (Mar. 3, 1911, ch. 231, § 138, 36 Stat. 1136). Section is based on last sentence of section 243 of title 28, U. S. C., 1940 ed. As revised it conforms with a similar provision applicable to Court of Customs and Patent Appeals in section 215 of this title.

Other provisions of said section 243 of title 28 are incorporated in section 174 of this title.

A single judge may take testimony and make findings. (See section 2505 of this title).

Changes were made in phraseology.

Jurisdiction of, Court of Customs and Patent Appeals, see sections 1541 et seq. of this title.

RULES OF THE UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

See Title 35, Appendix, Patents.

RULES OF THE UNITED STATES CUSTOMS COURT Procedure in cases appealed to Court of Customs and Patent Appeals, see Rule 24, Appendix to this title. § 211. Appointment and number of judges.

The President shall appoint, by and with the advice and consent of the Senate, a chief judge and four associate judges who shall constitute a court of record known as the United States Court of Customs and Patent Appeals. Such court is hereby declared to be a court established under article III of the Constitution of the United States. (June 25, 1946, ch. 646, 62 Stat. 899; Aug. 25, 1958, Pub. L. 85-755, § 1, 72 Stat. 848.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 301, 307 (Mar. 3, 1911, ch. 231, §§ 188, 194, 36 Stat. 1143, 1145; Feb. 25, 1919, ch. 29, §§ 2, 5, 40 Stat. 1156, 1157; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475).

Term "chief judge" was substituted for "presiding judge." (See Reviser's Note under section 45 of this title.) The provision of said section 301 of title 28, U. S. C., 1940 ed., requiring designation of the "presiding" judge in the presidential commission, was omitted as unnecessary in view of the language of the revised section.

Other provisions of section 301 of title 28, U. S. C., 1940 ed., are incorporated in sections 212, 213, 215, 293, and 296 of this title.

The provision of said section 307 of title 28, U. S. C., 1940 ed., that the court shall prescribe the form and style of its seal, was omitted. The court may more appropriately provide for these by rule.

The provision of said section 307 that the court shall "exercise such powers conferred by law as may be conformable and necessary to the exercise of its jurisdiction," was omitted as surplusage.

The final sentence of said section 307 providing that the court "shall have power to review any decision or matter within its jurisdiction, and may affirm, modify, or reverse the same and remand the case with such orders as may seem to it proper in the premises, which shall be executed accordingly" was omitted as unnecessary.

The provisions of said section 307 that the court shall prescribe the form of its writs and other process and procedure, and shall have power to establish all rules and regulations for the conduct of the business of the court, and as may be needful for the uniformity of decisions within its jurisdiction as conferred by law, are incorporated in section 2071 of this title.

The official status of the presiding judge of the Court of Customs and Patent Appeals holding office on the effective date of this act is preserved by section 2 of the bill to enact revised title 28.

Minor changes were made in phraseology.

AMENDMENTS

1958-Pub. L. 85-755 amended section to declare the United States Court of Customs and Patent Appeals to be a court established under article III of the Constitution of the United States.

JURISDICTION OF UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

Section 7 of Pub. L. 85-755 provided that: "Nothing contained in this Act [amending this section and sections 291-295 of this title] shall be construed in any way to limit or alter the jurisdiction heretofore conferred upon the United States Court of Customs and Patent Appeals by any provision of law."

CHIEF JUSTICE TO BE KNOWN AS CHIEF JUDGE Section 2 (a) of act June 25, 1948, provided in part that the Chief Justice of the Court of Customs and Patent Appeals in office on Sept. 1, 1948, shall be thereafter known as the Chief Judge.

CONTINUATION OF ORGANIZATION OF COURT

Section 2 (b) of act June 25, 1948, provided in part that the provisions of this title as set out in section 1 of act June 25, 1948, with respect to the organization of the court, shall be construed as continuations of existing law, and the tenure of the judges, officers, and employees in office on Sept. 1, 1948, shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title pursuant to his prior appointment.

CROSS REFERENCES

Oath of judge, see section 453 of this title. Omcial station of judges of the Court of Customs and Patent Appeals, see section 456 of this title. § 212. Precedence of judges.

The chief judge of the Court of Customs and Patent Appeals shall have precedence and preside at any session of the court which he attends.

The associate judges shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. (June 25, 1948, ch. 646, 62 Stat. 899.) LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 301 (Mar. 3, 1911, ch. 231, § 188, 36 Stat. 1143; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475).

The first and third sentences were added to conform to the language of similar sections of this title relating to precedence. (See sections 45, 136, 172, 253, and 273 of this title.)

Other provisions of said section 301 of title 28, U. S. C., 1940 ed., are incorporated in sections 211, 213, 215, 293. and 296 of this title.

PRESIDING JUDGE AS CHIEF JUDGE

The presiding judge in office on Sept. 1, 1948, shall be renamed the chief judge under the provisions of section 2 (a) of act June 25, 1948.

§ 213. Tenure and salaries of judges.

Judges of the Court of Customs and Patent Appeals shall hold office during good behavior. Each shall receive a salary of $33,000 a year. (June 25, 1948, ch. 646, 62 Stat. 899; Mar. 2, 1955, ch. 9, § 1(e), 69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426, title IV, § 403 (e), 78 Stat. 434.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 301, 301a (Mar. 3, 1911, ch. 231, § 188, 36 Stat. 1143; Feb. 25, 1919, ch. 29, §§ 2, 5, 40 Stat. 1156, 1157; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; June 17, 1930, ch. 497, title IV, § 646, 46 Stat. 762; July 31, 1946, ch. 704, § 1, 60 Stat. 716).

This section consolidates those parts of sections 301 and 301a of title 28, U. S. C., 1940 ed., that relate to the tenure and salaries of the judges of the Court of Customs and Patent Appeals.

A provision for payment of salaries in monthly installments was omitted, since time of payment is a matter of administrative convenience. (See 20 Comp. Gen. 834.)

Other provisions of said section 301 of title 28, U. 8. C., 1940 ed., are incorporated in sections 211, 212, 215, 293, and 296 of this title.

The remainder of said section 301a was omitted as unnecessary in view of sections 371 and 372 of this title providing for the resignation and retirement of judges. It related to the inclusion of service of judges rendered before March 2, 1929, for purposes of retirement. Changes were made in phraseology.

AMENDMENTS

1964-Pub. L. 88-426 increased the salary of the judges of the Court of Customs and Patent Appeals from $25,500 to $33,000.

1955-Act Mar. 2, 1955, increased the salaries of the judges of the Court of Customs and Patent Appeals from $17,500 to $25,500 a year.

EFFECTIVE DATE OF 1964 AMENDMENT Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees. EFFECTIVE DATE OF 1955 AMENDMENT

Amendment to this section by Act Mar. 2, 1955, effective Mar. 1, 1955, see note under section 31 of Title 2, The Congress.

INCREASE OF SALARIES

Prior to June 25, 1948, salaries of judges of Court of Customs and Patent Appeals were increased as follows: The salaries of judges of the Court of Customs and Patent Appeals were increased from $12,500 to $17,500 a year by act July 13, 1946, ch. 704, § 1, 60 Stat. 716.

The salaries of the presiding judge and other judges of the Court of Customs Appeals, changed to the Court of Customs and Patent Appeals by act Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475, were increased from $8,500 to $12,500 a year by act Dec. 13, 1926, ch. 6, 44 Stat. 919.

The salaries of the presiding judge and other judges were increased from $7,000 to $8,500 a year by act Feb. 25, 1919, ch. 29, § 1, 40 Stat. 1157.

Salaries of these judges were set at $7,000 a year by the Judicial Code of 1911, act Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1143.

CROSS REFERENCES

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., 302 (Mar. 3, 1911, ch. 231, § 189, 36 Stat. 1143; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475).

This section constitutes only a part of section 302 of title 28, U. S. C., 1940 ed.

Words "times and" were added to make explicit a power which the court exercises in the absence of statutory authority.

The part of said section 302 providing that the court shall always be open is incorporated in section 452 of this title.

The part of said section 302 providing for traveling expenses and the expenses of stenographic clerks is incorporated in sections 456 and 604 of this title. Changes were made in phraseology.

CROSS REFERENCES

Courts always open, see section 452 of this title. RULES OF THE UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

Sessions, see rule VI, Title 35, Appendix, Patents. 215. Quorum.

Three judges of the Court of Customs and Patent Appeals constitute a quorum. The concurrence of

The functions of all other officers of the Department of Commerce and all functions of all agencies and employees of the Department, were, with a few exceptions, transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any of his functions by any of the officers, agencies, and employees, by 1950 Reorg. Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1263, set out in note under section 591 of Title 5, Executive Departments and Government Officers and Employees. The Patent Office, referred to in this section, an agency of the Department of Commerce, and the Commissioner of Patents, referred to in this section, is an officer of the Department.

CROSS REFERENCES

251. Appointment and number of judges; omces. 252. Tenure and salaries of judges.

253. Duties of chief judge; precedence of judges. 254. Divisions; powers and assignments. 255. Publication of decisions.

LEGISLATIVE HISTORY

Reviser's Note.-The "Board of General Appraisers" was designated "United States Customs Court" by act May 28, 1926, ch. 411, § 1, 44 Stat. 669. General provisions concerning such court were incorporated in section 1518 of title 19, U. S. C., 1940 ed., Customs Duties, until amended by act October 10, 1940, ch. 843, § 1, 54 Stat. 1101, adding a new section to the Judicial Code of 1911, when they were transferred to section 296 of title 28, U. S. C., 1940 ed. They are retained in title 28 by this revision.

In this connection former Congressman Walter Chandler said, "Among the major subjects needing study and revision are special courts, such as the Customs Court, which should be fitted into the judicial system." (See U. S. Law Weekly, Nov. 7, 1939.)

HISTORY OF COURT

The United States Customs Court as "constituted on June 17, 1930", consisted of nine members as provided by act Sept. 21, 1922, ch. 356, title IV, § 518, 42 Stat. 972, which established the Board of General Appraisers, designated the "United States Customs Court" by act May 28, 1926, ch. 411, § 1, 44 Stat. 669.

Provisions similar to these were contained in act Sept. 21, 1922, ch. 356, title IV, § 518, 42 Stat. 972. That section was superseded by section 518 of the Tariff Act of 1930, and was repealed by section 651 (a) (1) of said 1930 act. The sentence in the former first paragraph as to sitting in a case previously participated in, is from act Aug. 5, 1909, ch. 6, § 28, 36 Stat. 98, which combined and amended Customs Administrative Act June 10, 1890, ch. 407, § 12,

26 Stat. 136, and section 31, as added by act May 27, 1908, ch. 205, 35 Stat. 406. Section 12 of the act of 1890 was expressly saved from repeal by act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989, and prior acts, but its provisions, other than the sentence above mentioned, were omitted from the Code.

Provisions for the review of decisions of Boards of General Appraisers by the Circuit Courts, made by section 15 of the Customs Administrative Act of June 10, 1890, ch. 407, were superseded by provisions for such review by the Court of Customs Appeals created by section 29 added to that act by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6. The provisions of said new section 29 were incorporated in and superseded by chapter 8 of the Judicial Code of March 3, 1911, incorporated into the Code as former chapter 8 of Title 28, Judicial Code and Judiciary.

R.S. 2608 provided for the appointment of four appraisers of merchandise, to be employed in visiting ports of entry under the direction of the Secretary of the Treasury, and to assist in the appraisement of merchandise as might be deemed necessary by the Secretary to protect and insure uniformity in the collection of the revenue from customs. It was repealed by act June 10, 1890, ch. 407, § 29, 26 Stat. 141.

R.S. § 2609 provided for the appointment of merchant appraisers. R.S. § 2610 made every merchant refusing to serve as such appraiser liable to a penalty. Both sections were superseded by the provisions relating to appraisers and appraisements of the Customs Administrative Act of June 10, 1890, ch. 407, 26 Stat. 131, and subsequent acts, and were repealed by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.

R.S. § 2945, which contained a provision similar to that of R.S. § 2610, was repealed, without mention of section 2610, by said Customs Administrative Act of June 10, 1890, ch. 407, § 29, 26 Stat. 141, and was again repealed by section 642 of act Sept. 21, 1922.

R.S. § 2725, which prescribed the compensation of merchant appraisers, and section 2726, which prescribed the salary of the general appraiser at New York, were superseded by the provisions relating to general appraisers and appraisers made by the Customs Administrative Act of June 10, 1890, ch. 407, §§ 12, 13, 26 Stat. 136, as amended by the Payne-Aldrich Act of Aug. 5, 1909, ch. 6, § 28.

R.S. § 2727 fixed the salary of the four general appraisers at the sum of $2,500 a year each, and their actual traveling expenses. It was repealed by act Feb. 27, 1877, ch. 69, 19 Stat. 246.

CROSS REFERENCES

Jurisdiction of Customs Court, see sections 1581 et seq. of this title.

RULES OF THE UNITED STATES CUSTOMS COURT See Appendix to this title.

The provision that vacancies should be filled by appointment of the President and confirmed by the Senate was omitted as unnecessary in view of the language of the revised section.

§ 251. Appointment and number of judges; offices. The President shall appoint, by and with the advice and consent of the Senate, nine judges who shall constitute a court of record known as the United States Customs Court. Such court is hereby declared to be a court established under article III of the Constitution of the United States. Not more than five of such judges shall be appointed from the same political party.

The President shall designate from time to time one of the judges to act as chief judge.

Words "a court of record known as" were added. (See Reviser's Note under section 171 of this title.)

The term "chief judge" was substituted for "presiding judge." (See reviser's note under section 136 of this title.) The provisions of such section 296 of title 28, U. S. C., 1940 ed., relating to assignment and powers of retired Judges were omitted as covered by sections 294 and 296 of this title.

The offices of the court shall be located at the port of New York. (June 25, 1948, ch. 646, 62 Stat. 899; July 14, 1956, ch. 589, § 1, 70 Stat. 532.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 296 (Mar. 3, 1911, ch. 231, § 187 (a), as added Oct. 10, 1940, ch. 843, § 1, 54 Stat. 1101).

Changes in phraseology were made.

AMENDMENTS

1956 Act July 14, 1956, declared the Customs Court to be a court established under article III of the Constitution of the United States.

This section contains only a part of section 296 of title 28, U. S. C., 1940 ed. Other provisions of such section are incorporated in sections 252, 253, 254, 455, 1581, 2071, 2639, and 2640 of this title.

LIMITATION OR ALTERATION OF JURISDICTION Section 4 of act July 14, 1956, provided that: "Nothing contained in this Act [amending this section and sections 292 (f), 293, and 295 of this title] shall be construed in any way to limit or alter the jurisdiction heretofore conferred upon the United States Customs Court by any provision of law."

CONTINUATION OF ORGANIZATION OF COURT

Section 2 (b) of act June 25, 1948, provided in part that the provisions of this title as set out in section 1 of act June 25, 1948, with respect to the organization of the court, shall be construed as continuations of existing law, and the tenure of the judges, officers, and employees, in office on Sept. 1, 1948, shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title, pursuant to his prior appointment. CROSS REFERENCES

Oath of judge, see section 453 of this title. Official station of Customs Court judges, see section 456 of this title.

§ 252. Tenure and salaries of judges.

Judge of the Customs Court shall hold office during good behavior. Each shall receive a salary of $30,000 a year. (June 25, 1948, ch. 646, 62 Stat. 899; Mar. 2, 1955, ch. 9, § 1(f), 69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426, title IV, § 403 (f), 78 Stat. 434.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 296 (Mar. 3, 1911, ch. 231, § 187 (a), as added Oct. 10, 1940, ch. 843, § 1, 54 Stat. 1101; July 31, 1946, ch. 704, § 1, 60 Stat. 716).

This section contains a part of section 296 of title 28, U. S. C., 1940 ed. Other provisions of such section are incorporated in sections 251, 253, 254, 456, 1581, 2071, 2639, and 2640 of this title.

A provision exempting judges' salaries from section 1790 of the Revised Statutes was omitted, as such section was repealed by act Aug. 26, 1935, ch. 689, § 1, 49 Stat. 864. A provision for monthly salary payments was omitted since time of payment is a matter for administrative determination.

Changes were made in phraseology.

AMENDMENTS

1964-Pub. L. 88-426 increased the salary of the judges of the Customs Court from $22,500 to $30,000.

1955-Act Mar. 2, 1955, increased the salaries of the Judges of the Customs Court from $15,000 to $22,500 a year.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.