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.

959. Trustees and receivers suable; management; State laws.

960. Tax liability.

961. Office expenses of clerks.

962. Traveling expenses.

963. Courts defined.

SENATE REVISION AMENDMENT

This chapter was renumbered "57", but without change in its section numbers, by Senate amendment. See 80th Congress Senate Report No. 1559.

AMENDMENTS

1949-Act May 24, 1949, ch. 139, § 78a, 63 Stat. 101, struck out "by clerks" following "law" in items 955.

CROSS REFERENCES

General provisions applicable to court officers and employees, see section 951 et seq. of this title.

§ 951. Oath of office of clerks and deputies.

Each clerk of court and his deputies shall take the following oath or affirmation before entering upon their duties: "I, having been appointed do solemnly swear (or affirm) that I will truly and faithfully enter and record all orders, decrees, judgments and proceedings of such court, and will faithfully and impartially discharge all other duties of my office according to the best of my abilities and understanding. So help me God." (June 25, 1948, ch. 646, 62 Stat. 925.)

LEGISLATIVE HISTORY

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 of 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 amend

ment 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.

CROSS REFERENCES

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

§ 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 incor

porated 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.

§ 960. Tax liability.

Any officers and agents conducting any business under authority of a United States court shall be subject to all Federal, State and local taxes applicable to such business to the same extent as if it were conducted by an individual or corporation. (June 25, 1948, ch. 646, 62 Stat. 927.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 124a (June 18, 1934, ch. 585, 48 Stat. 993).

A proviso in section 124a of title 28, U. S. C., 1940 ed., relating to taxes accruing prior to the effective date of the 1934 act, was omitted as obsolete.

References in section 124a of title 28, U. S. C., 1940 ed., to specific officers was omitted as covered by the words "Any officers."

Word "Federal" was added before "State" in recognition of the liability of such officers for Federal taxes under the revenue laws.

Changes in phraseology were made.

§ 961. Office expenses of clerks.

Each clerk of court shall be allowed his necessary office expenses when authorized by the Director of the Administrative Office of the United States Courts. (June 25, 1948, ch. 646, 62 Stat. 927.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 544, 563 (Mar. 3, 1891, ch. 517, § 2, 26 Stat. 826; Feb. 26, 1919, ch. 49, § 5, 40 Stat. 1182; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; June 1, 1922, ch. 204, title II, 42 Stat. 616; May 17, 1932, ch. 190, 47 Stat. 158; June 25, 1936, ch. 804, 49 Stat. 1921).

Section consolidates parts of sections 544 and 563 of title 28, U. S. C., 1940 ed. For remainder of such sections, see Distribution Table.

Changes were made in phraseology.

§ 962. Traveling expenses.

Officers and employees of the courts of the United States and of the Administrative Office of the United States Courts necessarily absent from their official stations on official business shall be allowed travel and subsistence expenses pursuant to regulations promulgated by the Director of the Administrative Office of the United States Courts. (June 25, 1948, ch. 646, 62 Stat. 927.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 544, 560, and 562 (Mar. 3, 1891, ch. 517, § 2, 26 Stat. 826; Feb. 26, 1919, ch. 49, §§ 3, 4, 40 Stat. 1182; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; June 1, 1922, ch. 204, title II, 42 Stat. 616; May 17, 1932, ch. 190, 47 Stat. 158; June 25, 1936, ch. 804, 49 Stat. 1921).

Section consolidates parts of sections 544, 560, and 562 of title 28, U. S. C., 1940 ed., with changes of phraseology necessary to effect consolidation.

Travel and subsistence of Government officers and employees are governed by sections 822-833 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees.

Payment of travel and subsistence of court officers and employees is a function of the Director of the Administrative Office of the United States Courts under section 604 of this title.

The phrase "and of the Administrative Office of the United States Courts," was inserted to remove any ambiguity as to travel allowances of employees of that office. For remainder of said sections 544, 560, and 562 of title 28, U. S. C., 1940 ed., see Distribution Table.

1961-Pub. L. 87-189, § 2, Aug. 30, 1961, 75 Stat. 417, added item 1258.

DEFINITIONS OF COURTS AND JUDGES Section 32 of act June 25, 1948, as amended by act May 24, 1949, ch. 139, § 127, 63 Stat. 107, provided:

"(a) All laws of the United States in force on September 1, 1948, in which reference is made to a 'circuit court of appeals'; 'senior circuit judge'; 'senior district Judge'; 'presiding judge'; 'chief justice', except when reference to the Chief Justice of the United States is intended; or 'justice', except when used with respect to a justice of the Supreme Court of the United States in his capacity as such or as a circuit justice, are hereby amended by substituting 'court of appeals' for 'circuit court of appeals'; 'chief judge of the circuit' for 'senior circuit judge';

'chief Judge of the district court' for 'senior district judge'; 'chief Judge' for 'presiding judge'; 'chief judge' for 'chief justice', except when reference to the Chief Justice of the United States is intended; and 'judge' for 'justice', except when the latter term is used with respect to a justice of the Supreme Court of the United States in his capacity as such or as a circuit justice.

"(b) All laws of the United States in force on September 1, 1948, in which reference is made to the Supreme Court of the District of Columbia or to the District Court of the United States for the District of Columbia are amended by substituting 'United States District Court for the District of Columbia' for such designations.

"(c) All laws of the United States in force on September 1, 1948, in which reference is made to the 'Conference of Senior Circuit Judges', or to the 'Judicial Conference of Senior Circuit Judges' are amended by substituting 'Judicial Conference of the United States' for such designations.

"(d) This section shall not be construed to amend historical references to courts or judicial offices which have no present or future application to such courts or offices." CROSS REFERENCES Procedure and particular proceedings, generally, see parts V and VI of this title.

RULES OF THE SUPREME COURT Procedure generally, on appeal to or in Supreme Court, see Appendix to this title.

FEDERAL RULES OF CIVIL PROCEDURE

Appeal from a district court to the Supreme Court, see rule 72, Appendix to this title.

Joint or several appeals to the Supreme Court; summons and severance abolished, see rule 74.

FEDERAL RULES OF CRIMINAL PROCEDURE

Ball upon review, see rule 46, Title 18, Appendix, Crimes and Criminal Procedure.

Stay of execution, and relief pending review, see rule 38.

Supervision of appeal, see rule 39.

Taking appeal; and petition for unit of certiorari, see rule 37.

§ 1251. Original jurisdiction.

(a) The Supreme Court shall have original and exclusive jurisdiction of:

(1) All controversies between two or more States;

(2) All actions or proceedings against ambassadors or other public ministers of foreign states or their domestics or domestic servants, not inconsistent with the law of nations.

(b) The Supreme Court shall have original but not exclusive jurisdiction of:

(1) All actions or proceedings brought by ambassadors or other public ministers of foreign states or to which consuls or vice consuls of foreign states are parties;

(2) All controversies States and a State;

between

the United

(3) All actions or proceedings by a State against the citizens of another State or against aliens.

(June 25, 1948, ch. 646, 62 Stat. 927.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 341, 371 (7), (8) (Mar. 3, 1911, ch. 231, §§ 233, 256, 36 Stat. 1156, 1160; Oct. 6, 1917, ch. 97, § 2, 40 Stat. 395; June 10, 1922, ch. 216, § 2, 42 Stat. 635).

This section reconciles provisions of sections 341 and 371 (7), (8) of title 28, U. S. C., 1940 ed., with Article 3. section 2 and Amendment 11 of the Constitution.

Sections 341 and 371 of title 28, U. S. C., 1940 ed., were not wholly consistent with such constitutional provisions. Said section 341 provided that the Supreme Court should

have original jurisdiction of controversies between a State and citizens of other States or aliens, whereas the 11th Amendment prohibits an action in any Federal court against a State by citizens of another State or aliens.

The original jurisdiction conferred on the Supreme Court by Article 3, section 2, of the Constitution is not exclusive by virtue of that provision alone. Congress may provide for or deny exclusiveness. Ames v. Kansas, 1884, 4 S. Ct. 437, 111 U. S. 449, 28 L. Ed. 442; U. S. v. 4,450.72 Acres of Land, Clearwater County, State of Minnesota, D. C. Minn., 1939, 27 F. Supp. 167, affirmed 125 F. 2d 636.

Sections 341 and 371 of title 28, U. S. C., 1940 ed., did not confer expressly exclusive jurisdiction on the Supreme Court in civil cases between States, Louisiana v. Texas, 1899, 20 S. Ct. 251, 176 U. S. 1, 44 L. Ed. 347, as has been provided in subsection (a) (1) of the revised section. The language at the beginning of said section 341, for which said subsection has been substituted, was ambiguous and made it appear that an action by a State against the United States would be within the exclusive jurisdiction of the Supreme Court. However, in U. S. v. Louisiana, 1887, 8 S. Ct. 17, 123 U. S. 32, 31 L. Ed. 69, the Supreme Court, in a case appealed from the Court of Claims, held to the contrary.

So, also, in actions by the United States to condemn lands of a State or to enforce penalties for violation of a Federal statute against a State-owned utility, the United States district courts have jurisdiction. See United States v. State of Utah, 1931, 51 S. Ct. 438, 283 U. S. 64, 75 L. Ed. 844; United States v. 4,450.72 Acres of Land, Clearwater County, State of Minnesota, D. C. Minn. 1939, 27 F. Supp. 167, affirmed 125 F. 2d 636; United States v. State of California, 1936, 56 S. Ct. 421, 297 U. S. 175, 80 L. Ed. 567.

The intent of section 371 (7), (8) of title 28, U. S. C., 1940 ed., that the jurisdiction of the courts of the United States should be exclusive of the courts of the States in controversies to which a State is a party, and suits against ambassadors, public ministers, consuls and vice consuls, is preserved and clarified by this section and section 1351 of this title.

The revised section preserves existing law with reference to foreign ambassadors, other public ministers and consuls. Under subsection (a) (2) the Supreme Court has exclusive jurisdiction of actions or proceedings against the ambassadors or public ministers of other nations.

Under subsection (b) (1) the Supreme Court has original but not exclusive jurisdiction of actions or proceedings brought by such ambassadors or other public ministers or to which consuls or vice consuls of other nations are parties.

Section 1351 of this title gives to United States district courts, exclusive of the courts of the States, jurisdiction of civil actions against such consuls and vice consuls.

This section and said section 1351 of this title have no application to ambassadors, public ministers, consuls or vice consuls representing the United States. See Milward v. McSaul, D. C. S. D. N. Y. 1846, 17 Fed. Cas. No. 9,623 and State of Ohio ex rel. Popovici v. Alger, 1930, 50 S. Ct. 154, 280 U. S. 379, 74 L. Ed. 489.

Changes were made in phraseology.

STATUTES GOVERNING WRITS OF ERROR TO APPLY TO APPEALS

Act Jan. 31, 1928, ch. 14, § 2, 45 Stat. 54, amended Apr. 26, 1928, ch. 440, 45 Stat. 466; June 25, 1948, ch. 646, § 23, 62 Stat. 990, provided that "All Acts of Congress referring to writs of error shall be construed as amended to the extent necessary to substitute appeal for writ of error." See also, notes preceding section 1 of this title.

CROSS REFERENCES

Controversies involving pollution of waters, jurisdiction of actions by States, see section 466-1 of Title 33, Navigation and Navigable Waters.

Jury trial in original actions at law in Supreme Court against citizens of the United States, see section 1872 of this title.

Original Jurisdiction

District Court of all suits against consuls and viceconsuls, see section 1351 of this title.

Supreme Court, see also, U. S. Const. Art. 3, § 2, Cl. 2. Writs, see section 1651 of this title.

RULES OF THE SUPREME COURT Procedure in original actions, see rule 9, Appendix to this title.

§ 1252. Direct appeals from decisions invalidating Acts of Congress.

Any party may appeal to the Supreme Court from an interlocutory or final judgment, decree or order of any court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam and the District Court of the Virgin Islands and any court of record of Puerto Rico, holding an Act of Congress unconstitutional in any civil action, suit, or proceeding to which the United States or any of its agencies, or any officer or employee thereof, as such officer or employee, is a party.

A party who has received notice of appeal under this section shall take any subsequent appeal or cross appeal to the Supreme Court. All appeals or cross appeals taken to other courts prior to such notice shall be treated as taken directly to the Supreme Court. (June 25, 1948, ch. 646, 62 Stat. 928; Oct. 31, 1951, ch. 655, § 47, 65 Stat. 726; July 7, 1958, Pub. L. 85-508, § 12 (e), (f), 72 Stat. 348; Mar. 18, 1959, Pub. L. 86-3, § 14(a), 73 Stat. 10.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed.. § 349a (Aug. 24, 1937, ch. 754, §§ 2, 5, 50 Stat. 752, 753). Provisions relating to procedure on appeals taken under this section are incorporated in section 2101 of this title. Words "civil action” were inserted before "suit or proceeding," in view of Rule 2 of the Federal Rules of Civil Procedure, providing for but one form of action, to be known as "civil action." However, such Rules apply only to the district courts, and hence "suit" was not deleted. Words "or in which the United States has intervened and become a party" were omitted as surplusage.

Words "This section shall not be construed to be in derogation of any right of direct appeal to the Supreme Court of the United States under existing provisions of law" were omitted as unnecessary.

The term "any court of the United States" includes the courts of appeals, the district courts enumerated in chapter 5 of this title including those for the districts of Hawaii and Puerto Rico, the Court of Claims, the Court of Customs and Patent Appeals, the Customs Court, and The Tax Court. The revised section conforms with section 5 of act Aug. 24, 1937, ch. 754, 50 Stat. 753, defining the term "court of the United States." (See also definitive section 451 of this title.)

Appeals in cases in the courts of appeals holding a State statute invalid as repugnant to the Constitution, treaties or laws of the United States, are governed by section 1254 (2) of this title.

The Tax Court is included as there seems no more reason for intermediate review of Tax Court decisions holding an act of Congress unconstitutional than in the case of decisions of the Customs Court or Court of Customs and Patent Appeals.

Changes were made in phraseology.

Section 345 of title 28, U. S. C., 1940 ed., provided for direct appeals to the Supreme Court from interlocutory or final judgments of district courts in five instances under sections of the Code enumerated therein "and not otherwise."

Section 345 of title 28, U. S. C., 1940 ed., purports to list the only provisions for such direct appeals, but, in fact does not. For example, it omits sections 349a and 380a of title 28. It omits any reference to the act of May 22, 1936, ch. 444, 49 Stat. 1369, which authorizes direct review in suits pending under chapter 21 of title 43, U. S. C., 1940 ed., Public Lands (see section 927, note, of said title 43).

Section 345 of title 28, U. S. C., 1940 ed., should be repealed as unnecessary and misleading. Such repeal, in view of this revised section, section 1253 of this title and