Page images
PDF
EPUB

Chap.

THE CODE OF LAWS OF THE UNITED STATES

OF AMERICA

TITLE 1.-GENERAL PROVISIONS

This title was enacted by act July 30, 1947, ch. 388, § 1, 61 Stat. 633.

1. Rules of construction.............

2. Acts and resolutions; formalities of enactment; repeals; sealing of instruments.... 3. Code of Laws of United States and Suppleinents; District of Columbia Code and Supplements..

POSITIVE LAW; CITATION

[blocks in formation]

101

201

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small]

Mar. 3, 1933, ch. 202, § 3, 47 Stat. 1431.
Jan 12, 1895, ch. 23, § 73, 28 Stat. 615.
June 20, 1936, ch. 630, § 9, 49 Stat. 1551.
June 16, 1938, ch. 477, § 1, 52 Stat. 760.
R. S., $908.
R. S., 6..

111

112

113

114

51a

52

53

54

54a

54b.

54c.

54d

Mar. 2, 1929, ch. 586, § 1, 45 Stat. 1540. May 29, 1928, ch. 910, § 2, 45 Stat. 1007. Mar. 2, 1929, ch. 586, § 2, 45 Stat. 1541. May 29, 1928, ch. 910, $3, 45 Stat. 1007. May 29, 1928, ch. 910, 4, 45 Stat. 1007. Mar. 2, 1929, ch. 586, § 3, 45 Stat. 1541. Mar. 2, 1929, ch. 586, § 4, 45 Stat. 1542. Mar. 4, 1933, ch. 282, 1, 47 Stat. 1603. June 13, 1934, ch. 483, §§ 1, 2, 48 Stat. 948. Mar. 2, 1929, ch. 586, § 5, 45 Stat. 1542 Mar. 4, 1933, ch. 282, § 1, 47 Stat. 1603. June 13, 1934, ch. 483, §§ 1, 2, 48 Stat. 948. Mar. 2, 1929, ch. 586, § 6, 45 Stat. 1542. Mar. 2, 1929, ch. 586, 7, 45 Stat. 1542. May 29. 1928. ch. 910. § 5, 45 Stat. 1007. May 29, 1928, ch. 910, § 6, 45 Stat. 1007. May 29, 1928, ch. 910, 7, 45 Stat. 1008.

201

202

203

204

20.5

206

207

208

209

210

211

[ocr errors]
[blocks in formation]

Chapter 1.-RULES OF CONSTRUCTION

1. Words denoting number, gender, etc.

2. "County" as including "parish", etc.

3. "Vessel" as including all means of water transportation.

4. "Vehicle" as including all means of land transportation.

5. "Company" or "association” as including successors and assigns.

6 Limitation of term “products of American fisheries." § 1. Words denoting number, gender, and so forth. In determining the meaning of any Act of Congress, unless the context indicates otherwise

words importing the singular include and apply to several persons, parties, or things; words importing the plural include the singular;

words importing the masculine gender include the feminine as well;

words used in the present tense include the future as well as the present;

the words "insane" and "insane person" and "lunatic" shall include every idiot, lunatic, insane person, and person non compos mentis;

the words "person" and "whoever" include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals;

"officer" includes any person authorized by law to perform the duties of the office;

"signature" or "subscription" includes a mark when the person making the same intended it as such;

"oath" includes affirmation, and "sworn" includes affirmed;

"writing" includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise.

(July 30, 1947, ch. 388, 61 Stat. 633; June 25, 1948, ch. 645, § 6, 62 Stat. 859; Oct. 31, 1951, ch. 655, § 1, 65 Stat. 710.)

AMENDMENTS

1951-Act Oct. 31, 1951, substituted, in fourth clause after opening clause, "used" for "use".

1948-Act June 25, 1948 included "tense", "whoever", "signature", "subscription", and "writing" and a broader definition of the term "person".

CONTINENTAL UNITED STATES

Section 48 of Pub. L. 86-70, June 25, 1959, 73 Stat. 154, provided that: "Whenever the phrase 'continental United States' is used in any law of the United States enacted after the date of enactment of this Act [June 25, 1959], it shall mean the 49 States on the North American Continent and the District of Columbia, unless otherwise expressly provided."

Page 1

§ 2. "County" as including "parish", and so forth.

The word "county" includes a parish, or any other equivalent subdivision of a State or Territory of the United States. (July 30, 1947, ch. 388, 61 Stat.

633.)

§ 3. "Vessel” as including all means of water transportation.

The word "vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. (July 30, 1947, ch. 388, 61 Stat. 633.)

§ 4. "Vehicle" as including all means of land transportation.

The word "vehicle" includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. (July 30, 1947, ch. 388, 61 Stat. 633.)

§ 5. "Company" or "association" as including successors and assigns.

The word "company" or "association", when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association", in like manner as if these last-named words, or words of similar import, were expressed. (July 30, 1947, ch. 388, 61 Stat. 633.)

§ 6. Limitation of term "products of American fisheries".

Wherever, in the statutes of the United States or in the rulings, regulations, or interpretations of various administrative bureaus and agencies of the United States there appears or may appear the term "products of American fisheries" said term shall not include fresh or frozen fish fillets, fresh or frozen fish steaks, or fresh or frozen slices of fish substantially free of bone (including any of the foregoing divided into sections), produced in a foreign country or its territorial waters, in whole or in part with the use of the labor of persons who are not residents of the United States. (July 30, 1947, ch. 388, 61 Stat. 634.)

Chapter 2.-ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; SEALING OF INSTRUMENTS

Sec.

101. Enacting clause.

102. Resolving clause.

103. Enacting or resolving words after first section. 104. Numbering of sections; single proposition.

105. Title of appropriation Acts.

106. Printing bills and joint resolutions.

106a. Promulgation of laws.

106b. Amendments to Constitution.

107. Parchment or paper for printing enrolled bills or resolutions.

108. Repeal of repealing act.

109. Repeal of statutes as affecting existing liabilities. 110. Saving clause of Revised Statutes.

111. Repeals as evidence of prior effectiveness.

112. Statutes at Large; contents; admissibility in evidence.

112a. United States Treaties and Other International Agreements; contents; admissibility in evidence. 113. "Little and Brown's" edition of laws and treaties; admissibility in evidence.

114. Sealing of instruments.

AMENDMENTS

1951-Act Oct. 31, 1951, ch. 655, § 2 (a), 65 Stat. 710, inserted items 106a and 106b.

1950-Act Sept. 23, 1950, ch. 1001, § 3, 64 Stat. 980, inserted item 112a.

§ 101. Enacting clause.

The enacting clause of all Acts of Congress shall be in the following form: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled." (July 30, 1947, ch. 388, 61 Stat. 634.)

§ 102. Resolving clause.

The resolving clause of all joint resolutions shall be in the following form: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled." (July 30, 1947, ch. 388, 61 Stat. 634.)

§ 103. Enacting or resolving words after first section. No enacting or resolving words shall be used in any section of an Act or resolution of Congress except in the first. (July 30, 1947, ch. 388, 61 Stat. 634.) § 104. Numbering of sections; single proposition.

Each section shall be numbered, and shall contain, as nearly as may be, a single proposition of enactment. (July 30, 1947, ch. 388, 61 Stat. 634.)

§ 105. Title of appropriation Acts.

The style and title of all Acts making appropriations for the support of Government shall be as follows: "An Act making appropriations (here insert the object) for the year ending June 30 (here insert the calendar year)." (July 30, 1947, ch. 388, 61 Stat. 634.)

§ 106. Printing bills and joint resolutions.

Every bill or joint resolution in each House of Congress shall, when such bill or resolution passes either House, be printed, and such printed copy shall be called the engrossed bill or resolution as the case may be. Said engrossed bill or resolution shall be signed by the Clerk of the House or the Secretary of the Senate, and shall be sent to the other House, and in that form shall be dealt with by that House and its officers, and, if passed, returned signed by said Clerk or Secretary. When such bill, or joint resolution shall have passed both Houses, it shall be printed and shall then be called the enrolled bill, or joint resolution, as the case may be, and shall be signed by the presiding officers of both Houses and sent to the President of the United States. During the last six days of a session such engrossing and enrolling of bills and joint resolutions may be done otherwise than as above prescribed, upon the order of Congress by concurrent resolution. (July 30, 1947, ch. 388, 61 Stat. 634.)

§ 106a. Promulgation of laws.

Whenever a bill, order, resolution, or vote of the Senate and House of Representatives, having been approved by the President, or not having been returned by him with his objections, becomes a law or takes effect, it shall forthwith be received by the Administrator of General Services from the President; and whenever a bill, order, resolution, or vote is returned by the President with his objections, and,

on being reconsidered, is agreed to be passed, and is approved by two-thirds of both Houses of Congress, and thereby becomes a law or takes effect, it shall be received by the Administrator of General Services from the President of the Senate, or Speaker of the House of Representatives in whichsoever House it shall last have been so approved, and he shall carefully preserve the originals. (Added Oct. 31, 1951, ch. 655, § 2 (b), 65 Stat. 710.) SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL Similar provisions were contained in R. S. § 204; act Dec. 28, 1874, ch. 9, § 2, 18 Stat. 294; 1950 Reorg. Plan No. 20, § 1, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1272, which with the exception of the reorganization plan, were repealed by section 56 (h) of act Oct. 31, 1951. Subsec. (1) of that section 56 provided that the repeal should not affect any rights or liabilities existing under those statutes on the effective date of the repeal (Oct. 31, 1951). For delegation of functions under the repealed statutes, and transfer of records, property, personnel, and funds, see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out in note under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees.

§ 106b. Amendments to Constitution.

Whenever official notice is received at the General Services Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Administrator of General Services shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States. (Added Oct. 31, 1951, ch. 655, § 2 (b), 65 Stat. 710.)

SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE; DELEGATION OF FUNCTIONS; TRANSFER OF PROPERTY AND PERSONNEL Similar provisions were contained in R. S. § 205; 1950 Reorg. Plan No. 20, § 1, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1272. R. S. § 205 was repealed by section 56 (h) of act Oct. 31, 1951. Subsec. (1) of section 56 provided that the repeal should not affect any rights or liabilities existing under the repealed statute on the effective date of the repeal (Oct. 31, 1951). For delegation of functions under the repealed statute, and transfer of records, property, personnel, and funds, see sections 3 and 4 of 1950 Reorg. Plan No. 20, set out in note under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCE

Publication of certificate in United States Statutes at Large, see section 112 of this title.

§ 107. Parchment or paper for printing enrolled bills or resolutions.

Enrolled bills and resolutions of either House of Congress shall be printed on parchment or paper of suitable quality as shall be determined by the Joint Committee on Printing. (July 30, 1947, ch. 388, 61 Stat. 635.)

§ 108. Repeal of repealing act.

Whenever an Act is repealed, which repealed a former Act, such former Act shall not thereby be revived, unless it shall be expressly so provided. (July 30, 1947, ch. 388, 61 Stat. 635.)

§ 109. Repeal of statutes as affecting existing liabilities.

The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability, incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. The expiration of a temporary statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the temporary statute shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. (July 30, 1947, ch. 388, 61 Stat. 635.) § 110. Saving clause of Revised Statutes.

All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties or forfeitures, embraced in the Revised Statutes and covered by the repeal contained therein, shall not be affected thereby, but all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made. (July 30, 1947, ch. 388, 61 Stat. 635.)

§ 111. Repeals as evidence of prior effectiveness.

No inference shall be raised by the enactment of the Act of March 3, 1933 (ch. 202, 47 Stat. 1431), that the sections of the Revised Statutes repealed by such Act were in force or effect at the time of such enactment: Provided, however, That any rights or liabilities existing under such repealed sections shall not be affected by their repeal. (July 30, 1947, ch. 388, 61 Stat. 635.)

REFERENCES IN TEXT

Act of March 3, 1933 (ch. 202, 47 Stat. 1431), referred to in text, sections 2 and 3 of which were formerly set out as sections 60 and 29a of this title, respectively, was repealed by section 2 of act July 30, 1947.

§ 112. Statutes at Large; contents; admissibility in evidence.

The Administrator of General Services shall cause to be compiled, edited, indexed, and published, the United States Statutes at Large, which shall contain all the laws and concurrent resolutions enacted during each regular session of Congress; all proclamations by the President in the numbered series issued since the date of the adjournment of the regular session of Congress next preceding; and also any amendments to the Constitution of the United States proposed or ratified pursuant to article V thereof since that date, together with the certificate of the Administrator of General Services issued in compliance with the provision contained in section 106b of this title. In the event of an extra session of Congress, the Administrator of General Services shall cause all the laws and concurrent resolutions enacted during said extra session to be consolidated with, and published as part of, the contents of the volume for the next regular session.

The United States Statutes at Large shall be legal evidence of laws, concurrent resolutions, treaties, international agreements other than treaties, proclamations by the President, and proposed or ratified amendments to the Constitution of the United States therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States. (July 30, 1947, ch. 388, 61 Stat. 636; Sept. 23, 1950, ch. 1001, § 1, .64 Stat. 979; Oct. 31, 1951, ch. 655, § 3, 65 Stat. 710.)

AMENDMENTS

1951-Act Oct. 31, 1951, substituted, in first sentence, "106b of this title" for "205 of the Revised Statutes".

1950-Act Sept. 23, 1950, implemented 1950 Reorg. Plan No. 20, § 1, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1272, by transferring to the Administrator of General Services duties formerly performed by the Secretary of State.

TRANSFER OF FUNCTIONS

Functions of the Secretary of State and the Department of State under this section, except those with respect to treaties and other international agreements, were transferred to the Administrator of General Services by 1950 Reorg. Plan No. 20, § 1, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1272, set out in note under section 133z-15 of Title 5, Executive Departments and Government Offcers and Employees. Section 3 of the Plan vested authority in the Administrator of General Services to delegate the transferred functions to any other officer, or to any agency or employee, of the General Services Administration. For transfer of records, property, personnel, and funds, see section 4 of the Plan.

EFFECT OF REPEAL OF SECTION 196 OF TITLE 44 This section and section 112a of this title as not affected by the repeal of section 196 of Title 44, Public Printing and Documents, which related to the same subject matter, see note under that former section.

§ 112a. United States Treaties and Other International Agreements; contents; admissibility in evidence. The Secretary of State shall cause to be compiled, edited, indexed, and published, beginning as of January 1, 1950, a compilation entitled "United States Treaties and Other International Agreements," which shall contain all treaties to which the United States is a party that have been proclaimed during each calendar year, and all international agreements other than treaties to which the United States is a party that have been signed, proclaimed, or with reference to which any other final formality has been executed, during each calendar year. The said United States Treaties and Other International Agreements shall be legal evidence of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and agreements, therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States. (Added Sept. 23, 1950, ch. 1001, § 2, 64 Stat. 980.)

EFFECT OF REPEAL OF SECTION 196 OF TITLE 44 This section and section 112 of this title as not affected by the repeal of section 196 of Title 44, Public Printing and Documents, which related to the same subject matter, see note under that former section.

§ 113. "Little and Brown's" edition of laws and treaties; admissibility in evidence.

The edition of the laws and treaties of the United States, published by Little and Brown, shall be competent evidence of the several public and private Acts

of Congress, and of the several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public officers of the United States, and of the several States, without any further proof or authentication thereof. (July 30, 1947, ch. 388, 61 Stat. 636.)

§ 114. Sealing of instruments.

In all cases where a seal is necessary by law to any commission, process, or other instrument provided for by the laws of Congress, it shall be lawful to affix the proper seal by making an impression therewith directly on the paper to which such seal is necessary; which shall be as valid as if made on wax or other adhesive substance. (July 30, 1947, ch. 388, 61 Stat. 636.)

Chapter 3.-CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS; DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS

Sec.

201. Publication and distribution of Code of Laws of United States and Supplements and District of Columbia Code and Supplements.

(a) Publishing in slip or pamphlet form or in Statutes at Large.

(b) Curtailing number of copies published. (c) Dispensing with publication of more than one Supplement for each Congress. 202. Preparation and publication of Codes and Supplements.

(a) Cumulative Supplements to Code of Laws of United States for each session of Congress.

(b) Cumulative Supplement to District of Columbia Code for each session of Congress. (c) New editions of Codes and Supplements. 203. District of Columbia Code; preparation and publication; cumulative supplements.

204. Codes and Supplements as evidence of the laws of United States and District of Columbia; citation of Codes and Supplements.

(a) United States Code.

(b) District of Columbia Code.

(c) District of Columbia Code; citation.

(d) Supplements to Codes; citation.

(e) New edition of Codes; citation. 205. Codes and Supplement; where printed; form and style; ancillaries.

206. Bills and resolutions of Committee on the Judiciary of House of Representatives; form and style; ancillaries; curtailment of copies.

207. Copies of acts and resolutions in slip form; additional number printed for Committee on the Judiciary of House of Representatives.

208. Delegation of function of Committee on the Judiciary to other agencies; printing, etc., under direction of Joint Committee on Printing.

209. Copies of Supplements to Code of Laws of United States and of District of Columbia Code and Supplements; conclusive evidence of original. 210. Distribution of Supplements to Code of Laws of United States and of District of Columbia Code and Supplements; slip and pamphlet copies. 211. Copies to Members of Congress. 212. Additional distribution at each new Congress. 213. Appropriation for preparing and editing supplements.

§ 201. Publication and distribution of Code of Laws of United States and Supplements and District of Columbia Code and Supplements.

In order to avoid duplication and waste

(a) Publishing in slip or pamphlet form or in Statutes at Large.

Publication in slip or pamphlet form or in the Statutes at Large of any of the volumes or publica

« PreviousContinue »