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2200, 79th Cong.), Rule 4 of the Federal Rules of Criminal Procedure and Rule 4 of the Federal Rules of Civil Procedure.

SENATE REVISION AMENDMENT

As finally enacted, section 158b of Title 16, U. S. C., which was derived from act May 15, 1947, ch. 55, § 2, 61 Stat. 92, was an additional source of this section, and such act was accordingly included by Senate amendment in the schedule of repeals. No change in the text of the section was necessary as the result of inclusion of such section 158b. See 80th Congress Senate Report No. 1559. As finally enacted, act May 15, 1947, ch. 57, 61 Stat. 92, which amended section 403c-5 of Title 16, U. S. C., was an additional source of this section, and such act was accordingly included by Senate amendment in the schedule of repeals. See 80th Congress Senate Report No. 1559.

CROSS REFERENCES

Arrest without process for violation of law or regulations, see section 3053 of Title 18, Crimes and Criminal Procedure, rule 4 of Federal Rules of Civil Procedure, Appendix to this title, and rule 4 of Federal Rules of Criminal Procedure, Title 18, Appendix, Crimes and Criminal Procedure.

§ 633. Fees and expenses.

1 United States commissioners in each judicial district, except national park commissioners, shall receive the following fees only for all services rendered, not to exceed $10,500 for any one calendar year:

(1) For attending to any reference by order of court of a litigated matter in a civil case or in admiralty, $8 a day.

(2) For taking and certifying depositions, 30 cents for each folio and for each copy thereof furnished on request, 20 cents per folio.

(3) A fee graduated according to the aggregate number of cases in each quarterly accounting period, in the sum of $14 for each of the first twenty-five cases, $9 for each of the next twentyfive cases, $8 for each of the next fifty cases, and $2 for each additional case, of the following kinds:

Issuance of an attachment and subsequent hearings in internal revenue matters pursuant to section 7604 (b) of title 26;

Settling or certifying the nonpayment of a seaman's wage pursuant to sections 603 and 604 of title 46;

Preliminary proceedings to hold an accused person to answer in district court, payable to the commissioner who disposes of the case by discharge or binding over, for all services rendered after presentation of the accused;

Each accused person brought before the commissioner for holding to answer in district court shall be considered a case for the purpose of computation of fees.

(4) For all services rendered for each accused person presented before him for purposes of bail only and not for holding to answer in district court, whether or not bail is taken or commitment ordered, $4.

(5) Upon the filing of a sworn, written complaint, for all services rendered prior to presentation of the accused before the commissioner, $4 for each person accused.

11957 amendment, in amending subsec. (a), and repealing subsec. (b), did not designate provisions enacted by it as subsec. (a).

(6) For all services in connection with each formal, written application for a search warrant, whether granted or denied, $6.

(7) For each proceeding for the discharge of an indigent prisoner, $6.

(8) For each defendant tried or sentenced by him for a petty offense, in lieu of all other fees provided in this section, a fee graduated according to the aggregate number of cases in each quarterly accounting period, in the sum of $16 for each of the first twenty-five cases and $12 for each additional case.

(b) Repealed. Pub. L. 85-276, § 2, Sept. 2, 1957, 71 Stat. 600.

(c) United States commissioners who are required to devote full time to the performance of the duties of the office, as determined by the Director of the Administrative Office of the United States Courts under the supervision and direction of the Judicial Conference of the United States and who do not engage in the practice of the law, shall be allowed their actual and necessary office expenses, including the compensation of a necessary clerical assistant. Such office expense shall be determined and paid and such compensation shall be fixed and paid by the Director of the Administrative Office of the United States Courts under the provisions of section 604 of this title. (June 25, 1948, ch. 646, 62 Stat. 916; Aug. 13, 1954, ch. 728, § 1 (a), (b), 68 Stat. 704; Sept. 2, 1957, Pub. L. 85-276, §§ 1, 2, 71 Stat. 600.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 597, 597a, 597b, 597c (May 28, 1896, ch. 252, §§ 21, 24, 29 Stat. 184, 186; Aug. 1, 1946, ch. 721, §§ 1-4, 60 Stat. 752, 753).

The provision of section 597c of title 28, U. S. C., 1940 ed., excepting commissioners in the Territory of Alaska was omitted as unnecessary since this exception is implicit in the revised section. The words "in each judicial district" limit the section to the commissioners in the districts enumerated in chapter 5 which includes Hawaii, Puerto Rico, and District of Columbia but omits Alaska, Canal Zone, [Guam] and Virgin Islands.

Salaries of park commissioners are provided by section 634 of this title.

Changes were made in phraseology.

AMENDMENTS

1957-Subsec. (a). Pub. L. 85-276, § 1, placed in subsec. (a) provisions of former subsec. (b) relating to limitation of compensation of commissioners and, among other charges, increased fees and compensation of commissioners.

Subsec. (b). Pub. L. 85-276, § 2, repealed subsec. (b) which limited compensation of commissioners. 1954 Act Aug. 13, 1954, added "and expenses" after "Fees" in the catchline.

Subsec. (c). Act Aug. 13, 1954 added subsec. (c).

DISTRICT OF COLUMBIA

Section 2 of act Aug. 13, 1954, provided that: "The amendment made by the first section of this Act [this section] shall not apply to any United States Commissioner for the District of Columbia, and this Act shall not be deemed to modify, supersede, or repeal the provisions of section 403 of the District of Columbia Law Enforcement Act of 1953 [D. C. Code § 11-332]."

CROSS REFERENCES

Fees to be paid by Director of Administrative Office of United States Courts, see section 604 of this title. Petty offense cases, fees of commissioners, see section 3401 of Title 18, Crimes and Criminal Procedure.

Virgin Islands, compensation of necessary court officers, see section 1405y of Title 48, Territories and Insular Possessions.

§ 634. Salaries of park commissioners; disposition of fees.

Each national park commissioner shall receive an annual salary to be fixed by the district court with the approval of the Judicial Conference of the United States, and shall account for all fees, fines, and costs collected by him as public moneys. (June 25, 1948, ch. 646, 62 Stat. 917.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on sections 29, 72, 74, 80h, 103, 104, 117h, 117j, 132, 132a, 133, 175, 176, 198h, 1981, 204h, 204j, 256f, 256h, 379, 380, 395h, 395), 403c-9, 403c-11, 403h-7, 403h-9, 404c-7, 404c-9, 4080, and 408q of title 16, U. S. C., 1940 ed., Conservation (May 7, 1894, ch. 72, § 7, 28 Stat. 75; Apr. 17, 1900, ch. 192, § 1, 31 Stat. 133; Apr. 20, 1904, ch. 1400, §§ 9, 11, 33 Stat. 189; Mar. 2, 1907, ch. 2516, § 2, 34 Stat. 1218; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; Aug. 22, 1914, ch. 264, §§ 9, 11, 38 Stat. 701; June 30, 1916, ch. 197, §§ 9, 11, 39 Stat. 246; Aug. 21, 1916, ch. 368, §§ 9, 11, 39 Stat. 523, 524; June 2, 1920, ch. 218, §§ 11, 13, 41 Stat. 734; Mar. 4, 1923, ch. 295, 42 Stat. 1560; Apr. 25, 1928, ch. 434, §§ 9, 11, 45 Stat. 461; Apr. 26, 1928, ch. 438, §§ 9, 11, 45 Stat. 465; Mar. 2, 1929, ch. 583, §§ 9, 11, 45 Stat. 1539; Apr. 19, 1930, ch. 200, §§ 9, 11, 46 Stat. 229; June 25, 1935, ch. 309, §§ 2, 3, 49 Stat. 422; Aug. 19, 1937, ch. 703, §§ 9, 11, 50 Stat. 702, 703; June 25, 1938, ch. 684, § 2, 52 Stat. 1164; June 28, 1938, ch. 778, § 1, 52 Stat. 1213; Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43; Mar. 6, 1942, ch. 150, §§ 7, 9, 56 Stat. 135; Mar. 6, 1942, ch. 151, §§ 7, 9, 56 Stat. 137; Apr. 29, 1942, ch. 264, §§ 7, 9, 56 Stat. 260, 261; June 5, 1942, ch. 341, §§ 7, 9, 56 Stat. 319; Apr. 23, 1946, ch. 202, § 4, 60 Stat. 120; June 24, 1946, ch. 463, § 5, 60 Stat. 303).

Section consolidates provisions of sections 29, 72, 74, 80h, 103, 104, 117h, 117j, 132, 132a, 133, 175, 176, 198h, 198j, 204h, 2041, 256f, 256h, 379, 380, 395h, 395), 403c-9, 403c-11, 403h-7, 403h-9, 404c-7, 404c-9, 4080 and 408q of title 16, Conservation, relating to salary and fees of park commissioners with changes in arrangement and phraseology necessary to effect consolidation.

The provisions of some of these sections that the park commissioner should be "paid an annual salary, as appropriated for by Congress, payable quarterly" were rewritten upon advice of the Judicial Conference Committee on the Revision of the Judicial Code appointed by the Chief Justice of the United States, in order to place administration supervision of commissioners upon the district court and the Judicial Conference of the United States.

The provisions of some of these sections for deposit of fees, costs, expenses, fines, and penalties with the clerk of district court were rewritten to provide merely that he shall account for the same as public moneys.

The provisions of some of these sections with reference to salaries of the United States attorney and his assistants and the United States marshal and his deputies were omitted as covered by sections 508 and 552 of this title.

SENATE REVISION AMENDMENT

As finally enacted, section 158d of title 16, U. S. C., which was derived from act May 15, 1947, ch. 55, § 4, 61 Stat. 91. 92, was an additional source of this section and was accordingly included by Senate amendment in the schedule of repeals. See 80th Congress Senate Report No. 1559.

CROSS REFERENCES

Compensation for overtime, see section 935 of Title 5, Executive Departments and Government Officers and Employees.

Fees of Commissioners, see section 633 of this title. Increase in basic compensation rates, see section 934 of Title 5, Executive Departments and Government Officers and Employees.

Payment of salaries by marshal, see section 550 of this

title.

§ 635. Park commissioners; residence.

Each national park commissioner shall reside within the exterior boundaries of the national park for which appointed or at some place reasonably ad

jacent thereto designated by the Secretary of the Interior with the approval of the court or courts by which he was appointed. (June 25, 1948, ch. 646, 62 Stat. 917.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on sections 1a and 403c-9 of title 16, U. S. C., 1940 ed., Conservation (Aug. 19, 1937, ch. 703, § 8, 50 Stat. 702; June 28, 1938, ch. 778, § 1, 52 Stat. 1213). Section consolidates section la with part of section 403c-9 of title 16, U. S. C., 1940 ed., relating to residence of a national park commissioner.

The provisions of sections la and 403c-9 of title 16, U. S. C., 1940 ed., relating to designation by the Secretary of the Interior of some place of residence reasonably adjacent to the park was modified by making such designation subject to the approval of the appointing court.

§ 636. Accounts.

The accounts of each United States commissioner shall be rendered quarterly, in duplicate, under regulations prescribed by the Director of the Administrative Office of the United States Courts, and transmitted to the clerk of the United States district court for the district in which the commissioner resides. The clerk shall file the duplicate in his office and transmit the original to the Director. The court shall not be required to approve such accounts.

Fees of a commissioner, for which the United States is liable, shall be paid only upon rendition of accounts within one year after performance of services, and approval of such accounts by the Director. Such payment shall be subject to settlement in the General Accounting Office and any adjustments necessitated thereby. (June 25, 1948, ch. 646, 62 Stat. 917.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 598, 599, and 599a (R. S. § 236; Feb. 22, 1875, ch. 95, § 1, 18 Stat. 333; May 28, 1896, ch. 252, § 13, 29 Stat. 183; Feb. 26, 1919, ch. 49, § 9, 40 Stat. 1183; June 10, 1921, ch. 18, § 305, 42 Stat. 24; May 29, 1928, ch. 906, 45 Stat. 998; Mar. 1, 1933, ch. 144, title II, 47 Stat. 1383; July 10, 1946, ch. 549, 60 Stat. 526).

This section consolidates sections 598, 599, 599a of title 28, U. S. C., 1940 ed.

Changes were made in phraseology and arrangement.

§ 637. Oaths, acknowledgments, affidavits and depositions.

United States commissioners may administer oaths and take bail, acknowledgments, affidavits and depositions. (June 25, 1948, ch. 646, 62 Stat. 917.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § § 525, 758 (R. S. § 945; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167).

This section consolidates part of section 525 with section 758 of title 28, U. S. C., 1940 ed. The provision of said section 525 empowering clerks and deputy clerks to administer oaths is incorporated in section 953 of this title. The provision of said section 758 that acknowledgments of bail and affidavits should have the same effect as if taken before judges was omitted as surplusage. The exception as to Alaska, provided in section 591 of title 28, U. S. C., 1940 ed., and referred to in section 525 of title 28, U. S. C., 1940 ed., was omitted as unnecessary since section 108 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions, and section 1119 of the Compiled Laws of Alaska, 1933, give commissioners all powers of notaries public. See also reviser's notes to sections 631 and 633 of this title.

Word "acknowledgments" was inserted to make it clear that commissioners, like justices of the peace, can take acknowledgments as well as oaths, affidavits, etc.

The authority to take depositions was included to conform to Federal Rules of Civil Procedure, Rule 28. Changes were made in phraseology.

§ 638. Seals.

The Director of the Administrative Office of the United States Courts shall furnish each United States commissioner appointed after July 10, 1946, with an official impression seal in form prescribed by the Director. Each commissioner shall affix his seal to every jurat or certificate of his official acts without additional fee. (June 25, 1948, ch. 646, 62 Stat. 917.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 528, 528a (June 28, 1906, ch. 3573, 34 Stat. 546; July 10, 1946, ch. 548, 60 Stat. 525).

Section consolidates section 528 and part of section 528a of title 28, U. S. C., 1940 ed., with changes in phraseology necessary to effect consolidation.

Provisions of section 528a of title 28, U. S. C., 1940 ed., relating to dockets and forms, are incorporated in section 639 of this title.

Words "Director of the Administrative Office of the United States Courts" were substituted for "Attorney General", contained in section 528 of title 28, U. S. C., 1940 ed., in view of Act Aug. 7, 1939, ch. 501, § 6, 53 Stat. 1226, 28 U. S. C., 1940 ed., following § 446, giving the Directors supervision of court administrative matters. Changes in phraseology were made.

§ 639. Dockets and forms; United States Code.

The Director of the Administrative Office of the United States Courts shall furnish to United States commissioners adequate docket books and forms prescribed by the Director. The Director shall also furnish each commissioner with a copy of the United States Code, upon approval of the chief judge of the district court of his district.

All property furnished to a commissioner shall remain the property of the United States and upon the termination of his term of office, shall be transmitted to his successor in office or otherwise disposed of as the Director orders. (June 25, 1948, ch. 646, 62 Stat. 917.)

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approved by the Court conditioned on the faithful and seasonable discharge of his duties. Such bond shall be filed in the Department of Justice. A renewed or augmented bond may be required at any time by the Court.

(c) The clerk may appoint and fix the compensation of necessary assistants and messengers with the approval of the Chief Justice of the United States.

(d) The clerk shall pay into the Treasury all fees, costs, and other moneys collected by him. He shall make annual returns thereof to the Court under regulations prescribed by it (June 25, 1948, ch. 646, 62 Stat. 918; Mar. 10, 1964, Pub. L. 88-279, § 1, 78 Stat. 158.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 325, 326, 327, 541 and 542 (Feb. 22, 1875, ch. 95, §§ 2, 3, 18 Stat. 333; Mar. 3, 1883, ch. 143, 22 Stat. 631; Mar. 15, 1898, ch. 68, § 8, 30 Stat. 317; Mar. 3, 1911, ch. 231, §§ 219, 220, 221, 291, 36 Stat. 1152, 1153, 1167; June 10, 1921, ch. 18, § 304, 42 Stat. 24).

This section consolidates sections 541 and 542 of title 28, U. S. C., 1940 ed., with parts of sections 325, 326 and 327 of such title.

The provisions in said section 325 relating to appointment of a marshal and reporter are incorporated in sections 672 and 673 of this title.

The provisions in section 327 of title 28, U. S. C., 1940 ed., relating to duties and liabilities of the clerk's deputies are incorporated in section 954 of this title.

The provision of section 326 of title 28, U. S. C., 1940 ed., that a duly certified copy of the clerk's bond should be competent evidence in any court, is incorporated in section 1737 of this title.

The provision that the clerk shall be subject to removal by the Court is new. Section 327 of title 28, U. S. C., 1940 ed., contained a similar provision as to deputies, but fixed no term of office for the clerk and made no provision for his removal. The Supreme Court held, in 1839, that a district judge had power to remove his clerk at pleasure In re in absence of any law fixing the clerk's tenure. (See, Hennen, 38 U. S. 230, 13 Pet. 230, 10 L. Ed. 138. also Myers v. U. S., 1926, 47 S. Ct. 21, 272 U. S. 52, 71 L. Ed. 160.)

The provision in section 326 of title 28, U. S. C., 1940 ed., that the clerk's bond be not less than $5,000 and not more than $20,000 was omitted. The Supreme Court 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.)

A provision of section 326 of title 28, U. S. C., 1940 ed., that a renewed or augmented bond should be required upon the Attorney General's motion and after thirty days' notice was omitted. The manner of requiring such bond is left to the Court's discretion by the revised section.

A further provision of section 326 of title 28, U. S. C., 1940 ed., that the failure to furnish such renewed or augmented bond should vacate the clerk's office was omitted as unnecessary, since the clerk is removable by the Court under this section.

The references in section 541 of title 28, U. S. C., 1940 ed., to return "under oath" to be made "on the 1st day of January of each year, or thirty days thereafter" and "on a form prescribed by the Attorney General", were omitted as fully covered by the revised language "annual returns" under "regulations prescribed by the Court". Verification seems unnecessary especially as clerks of the courts of appeals are not required to submit similar returns under oath (see section 711 of this title). "Court" was substituted for "Attorney General", since the latter's powers and functions in court administrative matters have been transferred to the Director of the Administration Office of the United States Courts. (See sections 604 and 607 of this title.) The Director, however, exercises no authority in Supreme Court matters.

Section 542 of title 28, U. S. C., 1940 ed., provided that the clerk "shall not retain", out of fees received, more

than $6,000 annually above clerk hire and expenses; that the surplus should be paid into the Treasury. Such indirect and unusual provision is simplified in this section by providing that his salary shall be fixed by the Court. Such salary limitation is omitted as inconsistent with larger salaries paid other clerks of courts.

The provisions that the Court shall fix the compensation of deputy clerks, and that the clerk shall fix the compensation of assistants and messengers with the approval of the Chief Justice, are new. Current appropriation Acts providing that the compensation of officers and employees of the Supreme Court, other than clerk and reporter shall be fixed by the court, unnecessarily burden the court with administrative details. Provision for allowance and approval of payments of compensation and office expenses by the clerk upon allowance and approval by the Chief Justice, instead of by the Court, was inserted with the approval of the Judicial Conference Committee on Revision of the Judicial Code as not inconsistent with section 542 of title 28, U. S. C., 1940 ed.

References in sections 541 and 542 of title 28, U. S. C., 1940 ed., to certification of expenses by the justices and for audit and allowances by the General Accounting Office, were omitted as unnecessary in view of this section. Changes were made in phraseology.

AMENDMENTS

1964 Subsec. (c). Pub. L. 88-279 eliminated provision for disbursement by the clerk of the compensation of the clerk, his deputies, assistants, and messengers and the necessary expenses of the office from the fees collected by the clerk, upon allowance and approval by the Chief Justice of the United States.

Subsec. (d). Pub. L. 88-279 substituted "moneys collected by him" for "emoluments of his office over and above his lawful disbursements."

EFFECTIVE DATE OF 1964 AMENDMENT

Section 4 of Pub. L. 88-279 provided that: "The amendments proposed in this Act [amending subsecs. (c) and (d) of this section and section 672 of this title] shall become effective only when funds have been appropriated and are available to pay the salaries and other expenses of the clerk's office."

APPROPRIATIONS

Section 3 of Pub. L. 88-279 provided that: "There are hereby authorized to be appropriated annually such sums as are necessary to carry out the provisions of this Act [amending subsecs. (c) and (d) of this section and section 672 of this title]."

CROSS REFERENCES

Compensation for overtime, see section 935 of Title 5, Executive Departments and Government Officers and Employees.

Fees of clerk to be fixed by Supreme Court, see section 1911 of this title.

Oath of clerk and deputies, see section 951 of this title. § 672. Marshal.

(a) The Supreme Court may appoint a marshal, who shall be subject to removal by the Court, and may fix his compensation.

(b) The marshal may, with the approval of the Chief Justice of the United States, appoint and fix the compensation of necessary assistants and other employees to attend the Court, and necessary custodial employees.

(c) The marshal shall:

(1) Attend the Court at its sessions;

(2) Serve and execute all process and orders issued by the Court or a member thereof;

(3) Take charge of all property of the United States used by the Court or its members;

(4) Disburse funds appropriated for work upon the Supreme Court building and grounds under

the jurisdiction of the Architect of the Capitol upon certified vouchers submitted by the Architect;

(5) Disburse funds appropriated for the purchase of books, pamphlets, periodicals and other publications, and for their repair, binding, and rebinding, upon vouchers certified by the librarian of the Court;

(6) Pay the salaries of the Chief Justice, associate justices, and all officers and employees of the Court and disburse other funds appropriated for disbursement, under the direction of the Chief Justice.

(7) Pay the expenses of printing briefs and travel expenses of attorneys in behalf of persons whose motions to appear in forma pauperis in the Supreme Court have been approved and when counsel have been appointed by the Supreme Court, upon vouchers certified by the clerk of the Court.

(June 25, 1948, ch. 646, 62 Stat. 918; Mar. 10, 1964, Pub. L. 88-279, § 2, 78 Stat. 158.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 325, 331, and section 13d of title 40, U. S. C., 1940 ed., Public Buildings, Property and Works (Mar. 3, 1911, ch. 231, §§ 219, 224, 36 Stat. 1152, 1153; April 11, 1928, ch. 358, 45 Stat. 424; May 7, 1934, ch. 222, § 4, 48 Stat. 668).

This section consolidates part of section 325 of title 28, U. S. C., 1940 ed., with section 331 of such title and section 13d of title 40, U. S. C., 1940 ed.

Provisions of section 325 of title 28, U. S. C., 1940 ed., relating to appointment of clerk and reporter of the Supreme Court are incorporated in sections 671 and 673 of this title.

Provision of section 331 of title 28, U. S. C., 1940 ed., fixing the marshal's salary at "not to exceed $5,500 per annum" was omitted and the court given authority to fix the salary in conformity with sections 671 and 673 of this title relating to the clerk and the reporter.

Part of subsection (c) (5) is new. It recognizes the propriety of certification by the Court Librarian of vouchers for expenditures for the library. (See reviser's note under section 674 of this title.)

The marshal's duties as superintendent of the Supreme Court building are incorporated in section 13c of title 40, U. S. C., 1940 ed.

Changes were made in phraseology.

AMENDMENTS

1964 Subsec. (c) (6). Pub. L. 88-279, § 2(a), deleted "except the clerk, his deputies and employees," following "employees of the Court."

Subsec. (c) (7). Pub. L. 88-279, § 2(b), added par. (7).

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment of subsec. (c) of this section by Pub. L. 88-279 effective upon appropriation and availability of funds to pay salaries ond other expenses of the clerk's office, see section 4 of Pub. L. 88-279, set out as a note under section 671 of this title.

APPROPRIATIONS

Annual appropriations to carry out amendment of subsec. (c) (6) and (7) of this section by Pub. L. 88-279, see section 3 of Pub. L. 88-279, set out as a note under section 671 of this title.

INCREASE IN COMPENSATION RATES Increase in rates of basic compensation fixed pursuant to this section, see notes under section 603 of this title. INITIAL ADJUSTMENT OF 1951 PAY INCREASES Initial adjustment of rates of pay of employees affected by act Oct. 24, 1951, referred to in the immediately preceding note, see note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

§ 673. Reporter.

(a) The Supreme Court may appoint and fix the compensation of a reporter of its decisions who shall be subject to removal by the Court.

(b) The reporter may appoint and fix the compensation of necessary professional and clerical assistants and other employees, with the approval of the Court or the Chief Justice of the United States. (c) The reporter shall, under the direction of the Court or the Chief Justice, prepare the decisions of the Court for publication in bound volumes and advance copies in pamphlet installments.

The reporter shall determine the quality and size of the paper, type, format, proofs and binding subject to the approval of the Court or the Chief Justice. (June 25, 1948, ch. 646, 62 Stat. 919.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 325, 332, and 333 (Mar. 3, 1911, ch. 231, §§ 219, 225, 226, 36 Stat. 1152, 1153; July 1, 1922, ch. 267, §§ 1, 2, 42 Stat. 816; May 29, 1926, ch. 425, § 1, 44 Stat. 677).

This section consolidates sections 332 and 333 of title 28, U. S. C., 1940 ed., with part of section 325 of such title. Provisions of section 325 of title 28, U. S. C., 1940 ed., relating to appointment of clerk and marshal of the Supreme Court are incorporated in sections 671 and 672 of this title.

The provision as to tenure is new and is added to insure consistency with other revised sections relating to tenure of court officers.

The provisions of section 333 of titie 28, U. S. C., 1940 ed., fixing the reporter's salary at $8,000 per annum were omitted and the Court given authority to fix the salary in conformity with sections 671 and 672 of this title relating to the clerk and the marshal.

Provisions of section 333 of title 28, U. S. C., 1940 ed., for allowance of stationery, supplies, equipment, and office rent are omitted as obsolete. Offices are now provided in the Supreme Court building and supplies are furnished by the marshal.

The last sentence of section 333 of title 28, U. S. C., 1940 ed., relating to the payment of the reporter's expenses from appropriation for the Supreme Court, was omitted as surplusage.

The revised section makes specific the implied power to fix the compensation of the reporter's assistants.

The provision in section 332 of title 28, U. S. C., 1940 ed., authorizing the Public Printer to do the printing referred to in such section, was omitted as unnecessary. (See section 111 of title 44, U. S. C., 1940 ed., Public Printing and Documents.)

Authority for making an appropriation to carry into effect the provisions of this section relating to compensation and allowances of the reporter, compensation of his assistants, and preparation of the decisions of the Supreme Court for publication, is contained in section 336 of title 28, U. S. C., 1940 ed. (Acts July 1, 1922, ch. 267, § 5, 42 Stat. 818; May 29, 1926, ch. 425, § 3, 44 Stat. 678), which is omitted, but not repealed, as unnecessary in this revision. INCREASE IN COMPENSATION RATES

Increase in compensation rates fixed under this section, see notes under section 603 of this title.

INITIAL ADJUSTMENT OF 1951 PAY INCREASES Initial adjustment of rates of pay of employees affected by act Oct. 24, 1951, referred to in the immediately preceding note, see note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Compensation for overtime, see section 935 of Title 5, Executive Departments and Government Officers and Employees.

Increase in basic compensation rates, see section 934 of Title 5, Executive Departments and Government Offcers and Employees.

§ 674. Librarian.

(a) The Supreme Court may appoint a librarian, whose salary it shall fix, and who shall be subject to removal by the Court.

(b) The librarian shall, with the approval of the Chief Justice, appoint necessary assistants and fix their compensation and make rules governing the use of the library.

(c) He shall select and acquire by purchase, gift, bequest, or exchange, such books, pamphlets, periodicals, microfilm and other processed copy as may be required by the Court for its official use and for the reasonable needs of its bar.

(d) The librarian shall certify to the marshal for payment vouchers covering expenditures for the purchase of such books and other material, and for binding, rebinding and repairing the same. He shall furnish bond in such amount as the Court shall prescribe. (June 25, 1948, ch. 646, 62 Stat. 919.)

LEGISLATIVE HISTORY

Reviser's Note.-This section gives statutory recognition to the office of librarian. For many years the Court has appointed its librarian directly through the Chief Justice, rather than through the marshal. Other members of the library staff are appointed by the librarian, with the approval of the Chief Justice.

Under this section the marshal will not be required to certify to expenditures for some 2,000 books bought for the library each year but this will be the duty of the librarian.

INCREASE IN COMPENSATION RATES Increase in compensation rates fixed under this section, see notes under section 603 of this title.

INITIAL ADJUSTMENT OF 1951 PAY INCREASES Initial adjustment of rates of pay of employees affected by act Oct. 24, 1951, referred to in the immediately preceding note, see note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

§ 675. Law clerks and secretaries.

The Chief Justice of the United States, and the associate justices of the Supreme Court may appoint law clerks and secretaries whose salaries shall be fixed by the Court. (June 25, 1948, ch. 646, 62 Stat. 919.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1926 ed., § 328 (June 1, 1922, ch. 204, title II, 42 Stat. 614; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1081; May 28, 1924, ch. 204, title II, 43 Stat. 218; Feb. 27, 1925, ch. 364, title II, 43 Stat. 1028).

Section is derived from Appropriation Acts for fiscal years cited in the credits. It was omitted from the 1934 and 1940 editions of the U. S. Code because it was considered to be probably of a temporary nature. This section is consistent with other provisions authorizing the appointment of similar personnel for circuit and district judges.

The 1942 appropriation act (July 2, 1942, ch. 472, title IV, 56 Stat. 501) made provision for "all other officers and employees, whose compensation shall be fixed by the Court, except as otherwise provided by law and who may be assigned by the Chief Justice to any office or work of the Court."

The salary limitation of $3,600 was omitted and the Court authorized to fix law clerks' salaries. Current appropriation acts provide that salaries of the Court's officers and employees, except the clerk and reporter, shall be fixed by the Court.

See section 711 et seq. and section 751 et seq., of this title, relating to appointment of law clerks and secretaries to circuit and district judges.

Changes were made in phraseology.

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