Section 788, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; June 10, 1921, ch. 18, §§ 301, 304, 42 Stat. 23 to 25; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1419, related to the finality of the decisions of the Auditor and time for appeal therefrom, and vested such official with like authority as that conferred by the law upon the Comptroller General of the United States, with certain exceptions.

Section 789, act Mar. 2, 1917, ch. 145, § 21, 39 Stat. 958, related to appeals from the decisions of the Auditor to the Governor.

Section 790, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1420, related to the annual report of the fiscal concern of the government from the Auditor to the Governor and those other reports as may be required.

Section 791, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1419, authorized the Auditor to summon witnesses, administer oaths, take evidence, etc.

Section 792, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1420, related to the supervision of the office of the Auditor by the Governor.

Section 793, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1419; May 17, 1932, ch. 190, 47 Stat. 158, related to the performance of the powers and duties of the Auditor in case of a vacancy in the office or in his absence by the assistant auditor, or in the absence of that assistant, by an assistant designated by the Governor.

EFFECTIVE Date of REPEAL

Repeal of sections 771 to 793, effective July 25, 1952, upon the effective date of the Constitution of the Commonwealth of Puerto Rico, see note set out under section 732 of this title.

§ 793a. Repealed. June 30, 1954, ch. 428, § 1, 68 Stat. 336

Section, act Mar. 2, 1934, ch. 37, § 4, 48 Stat. 361, created a Model Housing Board, and provided for the construction and sale of model houses and for the creation of a revolving “model housing fund”.

DISPOSITION OF MONEYS IN REVOLVING FUND

Act June 30, 1954, ch. 428, § 2, 68 Stat. 336, authorized the transfer of any moneys remaining in the revolving model housing fund under this section to the treasury of the Commonwealth of Puerto Rico.

§ 793b. Repealed. July 3, 1950, ch. 446, § 5(2), 64 Stat. 320

Section, act Mar. 2, 1917, ch. 145, § 49b, as added Aug. 5, 1947, ch. 490, § 6, 61 Stat. 772, and amended June 24, 1948, ch. 610, § 1, 62 Stat. 579, provided for a Coordinator of Federal Agencies in Puerto Rico, his appointment, compensation and duties, and required President to prescribe rules and regulations to carry out the provisions of former section 793 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of section effective July 25, 1952, upon the effective date of the Constitution of the Commonwealth of Puerto Rico, see note set out under section 732 of this title.

§ 794. Official reports

All reports required by law to be made by the governor or heads of departments to any official of the United States shall be made to an executive department of the Government of the United States to be designated by the President, and the President is authorized to place all matters pertaining to the government of Puerto Rico in the jurisdiction of such department.

(Mar. 2, 1917, ch. 145, § 11, 39 Stat. 955; May 17, 1932, ch. 190, 47 Stat. 158.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in act July 15, 1909, ch. 4, § 2, 36 Stat. 11.

CHANGE OF NAME

"Puerto Rico" was substituted in text for "Porto Rico" pursuant to act May 17, 1932, which authorized the redesignation of the island of Porto Rico as Puerto Rico.

Ex. ORD. No. 9383. COORDINATION OF FUNCTIONS AND POLICIES OF FEDERAL CIVIL AGENCIES IN PUERTO RICO AND THE VIRGIN ISLANDS

Ex. Ord. No. 9383, eff. Oct. 5, 1943, 8 F.R. 13781, provided:

1. Each Federal civil agency performing services in Puerto Rico or in the Virgin Islands shall make current reports to the Secretary of the Interior concerning the work of such agency in such manner and form and at such times as may be prescribed by the Secretary of the Interior.

2. The Secretary of the Interior shall make such recommendations to the heads of Federal civil agencies so reporting as may in his judgment serve to correlate the work of such agencies in Puerto Rico and in the Virgin Islands, eliminate unessential Federal activities, assist insular agencies to assume increasing responsi bility in civil administration, meet more efficiently the needs of the people of Puerto Rico and the Virgin Is lands for essential Federal services, and implement the policies of the United States with respect to its island possessions.

3. The Secretary of the Interior shall from time to time report to the President and to the Congress concerning the actions taken pursuant to this order.

4. This order shall not be applicable to United States District Judges, United States Attorneys, and United States Marshals.

§ 795. Government expenses payable out of revenues

All expenses that may be incurred on account of the government of Puerto Rico for salaries of officials and the conduct of their offices and departments, and all expenses and obligations contracted for the internal improvement or development of the island, not, however, including defenses, barracks, harbors, lighthouses, buoys, and other works undertaken by the United States, shall, except as otherwise specifically provided by the Congress, be paid by the treasurer of Puerto Rico out of the revenue in his custody.

(Mar. 2, 1917, ch. 145, § 6, 39 Stat. 953; May 17, 1932, ch. 190, 47 Stat. 158.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in act Apr. 12, 1900, ch. 191, § 12, 31 Stat. 80, with the exception of the words "except as otherwise specifically provided by the Congress."

CHANGE OF NAME

"Puerto Rico" was substituted in text for "Porto Rico" pursuant to act May 17, 1932, which authorized the redesignation of the island of Porto Rico as Puerto Rico.

88 796 to 799. Repealed. July 3, 1950, ch. 446, § 5(2), 64 Stat. 320

Section 796, acts Mar. 2, 1917, ch. 145, § 53, 39 Stat. 968; May 17, 1932, ch. 190, 47 Stat. 158, related to transfer of bureaus or offices.

Section 797, acts Mar. 2, 1917, ch. 145, § 50, 39 Stat. 967; June 7, 1924, ch. 322, § 3, 43 Stat. 631; May 29, 1928, ch. 904, §§ 1, 2, 45 Stat. 997; May 17, 1932, ch. 190, 47 Stat. 158; Aug. 5, 1947, ch. 490, § 5, 61 Stat. 771; June 24, 1948, ch. 610, § 2, 62 Stat. 579; Sept. 7, 1949, ch. 544, 63 Stat. 692, related to salaries and bonds of officials, and residence of governor.

Section 798, acts Mar. 2, 1917, ch. 145, § 50, 39 Stat. 967; June 7, 1924, ch. 322, § 3, 43 Stat. 631; June 24, 1948, ch. 610, § 2, 62 Stat. 579; Sept. 7, 1949, ch. 544, 63 Stat. 692, related to payment of salaries, office expenses and bond premiums.

Section 799, act Mar. 2, 1917, ch. 145, § 51, 39 Stat. 967, provided for payment of municipal expenses from municipal revenues.

EFFECTIVE DATE OF REPEAL

Repeal of sections 796 to 799, effective July 25, 1952, upon the effective date of the Constitution of the Commonwealth of Puerto Rico, see note set out under section 732 of this title.

SUBCHAPTER III-THE LEGISLATURE

§§ 811 to 820. Repealed. July 3, 1950, ch. 446, § 5(2), 64 Stat. 320

Section 811, acts Mar. 2, 1917, ch. 145, § 25, 39 Stat. 958; May 17, 1932, ch. 190, 47 Stat. 158, vested all local legislative powers in Puerto Rico, with certain exceptions, in the "Legislature of Puerto Rico", consisting of a "senate" and a "house of representatives".

Section 812, acts Mar. 2, 1917, ch. 145, § 26, 39 Stat. 958; May 17, 1932, ch. 190, 47 Stat. 158, related to the Senate of Puerto Rico, its members, election and powers.

Section 813, acts Mar. 2, 1917, ch. 145, § 27, 39 Stat. 959; May 17, 1932, ch. 190, 47 Stat. 158, related to the House of Representatives and its members and their election.

Section 814, acts Mar. 2, 1917, ch. 145, § 28, 39 Stat. 959; May 17, 1932, ch. 190, 47 Stat. 158, provided for the division of Puerto Rico into thirty-five representative and seven senatorial districts.

Section 814a, acts Mar. 2, 1917, ch. 145, § 35, 39 Stat. 963; May 17, 1932, ch. 190, 47 Stat. 158, related to the qualification of electors.

Section 815, acts Mar. 2, 1917, ch. 145, § 29, 39 Stat. 959; May 17, 1932, ch. 190, 47 Stat. 158, provided for the time of holding elections and the revision of boundaries of senatorial and representative districts and municipalities.

Section 816, act Mar. 2, 1917, ch. 145, § 32, 39 Stat. 960, related to the powers of the senate and house of representatives, including the determination of election and qualifications of members.

Section 817, acts Mar. 2, 1917, ch. 145, § 33, 39 Stat. 960; Mar. 4, 1927, ch. 503, § 5, 44 Stat. 1420, provided for the holding of annual sessions of the legislature and the time for convening.

Section 818, acts Mar. 2, 1917, ch. 145, § 33, 39 Stat. 960; Mar. 4, 1927, ch. 503, § 5, 44 Stat. 1420, authorized the governor to call special sessions of legislature or senate.

Section 819, acts Mar. 2, 1917, ch. 145, § 30, 39 Stat. 959; May 17, 1932, ch. 190, 47 Stat. 158; June 1, 1938, ch. 308, 52 Stat. 595, related to the term of office of senators and representatives, the filling of vacancies, and limitations upon appointment to other offices of those legislative members.

Section 820, acts Mar. 2, 1917, ch. 145, § 31, 39 Stat. 960; Mar. 4, 1927, ch. 503, § 4, 44 Stat. 1420; May 17, 1932, ch. 190, 47 Stat. 158; June 24. 1948, ch. 610, § 4, 62 Stat. 580, related to the compensation and mileage

of members of the senate and house of representatives.

EFFECTIVE DATE OF REPEAL

Repeal of sections 811 to 820, effective July 25, 1952, upon the effective date of the Constitution of the Commonwealth of Puerto Rico, see note set out under section 732 of this title.

§ 821. Legislative power

The legislative authority shall extend to all matters of a legislative character not locally inapplicable, including power to create, consolidate, and reorganize the municipalities so far as may be necessary, and to provide and repeal laws and ordinances therefor; also the power to alter, amend, modify, or repeal any or all laws and ordinances of every character in force in Puerto Rico or municipality or district thereof on March 2, 1917, insofar as such alteration, amendment, modification, or repeal may be consistent with the provisions of this chapter. (Mar. 2, 1917, ch. 145, § 37, 39 Stat. 964; May 17, 1932, ch. 190, 47 Stat. 158.)

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this Act", meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, as amended, known as the Puerto Rican Federal Relations Act and also popularly known as the Jones Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 731 of this title and Tables.

CHANGE OF NAME

"Puerto Rico" was substituted in text for "Porto Rico" pursuant to act May 17, 1932, which authorized the redesignation of the island of Porto Rico as Puerto Rico.

§§ 822, 823. Repealed. July 3, 1950, ch. 446, § 5(2), 64 Stat. 320

Section 822, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 960, related to origin of bills and resolutions.

Section 823, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 960; May 17, 1932, ch. 190, 47 Stat. 158, related to enacting clauses of bills and resolutions.

EFFECTIVE DATE OF REPEAL

Repeal of sections 822 and 823, effective July 25, 1952, upon the effective date of the Constitution of the Commonwealth of Puerto Rico, see note set out under section 732 of this title.

§ 823a. Omitted

CODIFICATION

Section, act June 16, 1938, ch. 460, 52 Stat. 708, related to Congressional ratification of all joint resolutions. §§ 824 to 844. Repealed. July 3, 1950, ch. 446, § 5(2), 64 Stat. 320

Section 824, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, related to the passage of bills and their alterations or amendments.

Section 825, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 960, related to the reference of bills to committees, signature by governor, and approval by President.

Section 826, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961; May 29, 1928, ch. 901, § 1(128), 45 Stat. 996; Feb. 28, 1929, ch. 364, §§ 1, 2, 45 Stat. 1348; May 17, 1932,

ch. 190, 47 Stat. 158, required laws enacted by Legislature of Puerto Rico to be reported to Congress.

Section 827, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, related to the time of taking effect of laws and to the introduction of a bill.

Section 828, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, related to house journals.

Section 829, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, required sessions of each house and committees to be open.

Section 830, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, related to adjournment.

Section 831, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, required presiding officer to sign bills and resolutions.

Section 832, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, provided that bills, with the exception of appropriation bills, were to contain one subject.

Section 833, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, provided that revenue bills were to originate in house of representatives.

Section 834, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, related to appropriation bills for executive, legislative and judicial departments.

Section 835, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, related to revival or amendment of laws.

Section 836, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, required the legislature to prescribe number, duties and compensation of officers and employees.

Section 837, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, prohibited bills giving extra compensation for services rendered.

Section 838, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962; June 24, 1948, ch. 610, § 3, 62 Stat. 580 prohibited laws relating to extension of term of office of officials, double jobs and salary of senators or representatives during term of office.

Section 839, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, related to the presentation of orders, resolutions, etc., to the Governor.

Section 840, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 960, required the Governor to submit a financial budget at opening of each regular session of the legislature.

Section 841, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962; May 17, 1932, ch. 190, 47 Stat. 158, provided for the order of payment of appropriations, where revenue insufficient to meet appropriations, and limited appropriations under certain conditions.

Section 842, acts Mar. 2, 1917, ch. 145, § 23, 39 Stat. 958; May 17, 1932, ch. 190, 47 Stat. 158, required the Governor to transmit copies of laws to executive department of United States.

Section 843, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962; May 17, 1932, ch. 190, 47 Stat. 158, related to the definition and punishment of the offense of corrupt solicitation.

Section 844, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, related to punishment for offense of influencing officials by bribery.

EFFECTIVE DATE OF REPEAL

Repeal of sections 824 to 844, effective July 25, 1952, upon the effective date of the Constitution of the Commonwealth of Puerto Rico, see note set out under section 732 of this title.

§ 845. Income tax laws; modification or repeal by legislature

The Puerto Rican Legislature shall have power by due enactment to amend, alter, modify, or repeal the income tax laws in force in Puerto Rico.

(Feb. 26, 1926, ch. 27, §§ 261, 1200, 44 Stat. 52, 125; May 17, 1932, ch. 190, 47 Stat. 158.)

CODIFICATION

Similar provisions of act Feb. 26, 1926, which related to the Philippine Islands, were formerly classified to section 1055 of this title.

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in act June 2, 1924, ch. 234, § 261, 43 Stat. 294, which was repealed by section 1200 of act Feb. 26, 1926, to take effect Jan. 1, 1925.

CHANGE OF NAME

"Puerto Rico" was substituted in text for "Porto Rico" pursuant to act May 17, 1932, which authorized the redesignation of the island of Porto Rico as Puerto Rico.

SUBCHAPTER IV-THE JUDICIARY

§ 861. Repealed. July 3, 1950, ch. 446, § 5(2), 64 Stat. 320

Section, acts Mar. 2, 1917, ch. 145, § 40, 39 Stat. 965; May 17, 1932, ch. 190, 47 Stat. 158, vested judicial power in courts established and in operation on Mar. 2, 1917, provided for appointment of chief justice and associate justices of the supreme court by President with advice and consent of United States Senate, and authorized Puerto Rican legislature to organize, modify or rearrange the courts and their jurisdiction and procedure, except United States District Court.

EFFECTIVE DATE OF REPEAL

Repeal of section effective July 25, 1952, upon the effective date of the Constitution of the Commonwealth of Puerto Rico, see note set out under section 732 of this title.

§ 862. Omitted

CODIFICATION

Section, act Sept. 21, 1922, ch. 365, 42 Stat. 993, conferred on the courts of Puerto Rico jurisdiction of offenses under act Oct. 28, 1919, ch. 85, 41 Stat. 305, the National Prohibition Act.

§ 863. Repealed. Pub. L. 91-272, § 13, June 2, 1970, 84 Stat. 298

Section, acts Mar. 2, 1917, ch. 145, § 41, 39 Stat. 965; Feb. 25, 1919, ch. 29, § 1, 40 Stat. 1156; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; Mar. 4, 1923, ch. 295, 42 Stat. 1560; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; May 17, 1932, ch. 190, 47 Stat. 158; Mar. 26, 1938, ch. 51, § 2, 52 Stat. 118; July 31, 1946, ch. 704, 60 Stat. 716; June 25, 1948, ch. 646, § 20, 62 Stat. 989, set out the jurisdiction of the United States District Court for the District of Puerto Rico and provided for salaries of the judge and officials of the court and for the filling of vacancies. Section 34 of act Apr. 12, 1900, ch. 191, 31 Stat. 84, formerly cited as a credit to this section, was not repealed by act June 2, 1970.

SAVINGS PROVISIONS

Section 13 of Pub. L. 91-272, as amended by Pub. L. 91-450, Oct. 14, 1970, 84 Stat. 922, provided in part that nothing in the repeal of Act Mar. 2, 1917, as amended, by said section 13 would impair the jurisdiction of the United States District Court for the District of Puerto Rico to hear and determine any action or matter begun in the court on or before June 2, 1970.

§ 864. Appeals, certiorari, removal of causes, etc.; use of English language

The laws of the United States relating to appeals, certiorari, removal of causes, and other matters or proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the United States District Court for the District of Puerto Rico and the courts of Puerto Rico.

All pleadings and proceedings in the United States District Court for the District of Puerto Rico shall be conducted in the English language.

(Apr. 12, 1900, ch. 191, § 35, 31 Stat. 85; Mar. 2, 1917, ch. 145, § 42, 39 Stat. 966; Feb. 13, 1925, ch. 229, § 13, 43 Stat. 942; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; June 25, 1948, ch. 646, § 21, 62 Stat. 990.)

REFERENCES IN TEXT

The laws of the United States relating to appeals, certiorari, removal of causes, and other matters or proceedings, referred to in text, are classified to Title 28, Judiciary and Judicial Procedure.

CODIFICATION

"United States District Court for the District of Puerto Rico" was substituted in text for "District Court of the United States for Puerto Rico" in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that "There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district" and section 119 of Title 28, which states that "Puerto Rico constitutes one judicial district."

PRIOR PROVISIONS

Act Mar. 3, 1911, ch. 231, § 244, repealed by act Jan. 28, 1915, ch. 22, § 3, 38 Stat. 804, related to direct appeals from The Supreme Court and the United District Court for Puerto Rico to the United States Supreme Court.

Provisions similar to those comprising this section were contained in act Apr. 12, 1900, ch. 191, § 34, 31 Stat. 85.

AMENDMENTS

1948-Act June 25, 1948, amended section generally, and omitted provisions relating to the term of district court and appeals to the circuit court.

1928-Act Jan. 31, 1928, abolished writ of error in civil and criminal cases and made all relief formerly obtained by writ of error obtainable by appeal.

1925-Act Feb. 13, 1925, ch. 229, § 13, repealed provisions of this section permitting a direct review by the Supreme Court of cases in the courts in Puerto Rico.

CHANGE OF NAME

"Puerto Rico" was substituted in text for "Porto Rico" pursuant to act May 17, 1932, which authorized the redesignation of the island of Porto Rico as Puerto Rico.

EFFECTIVE DATE OF 1948 Amendment

Amendment by act June 25, 1948, effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

REPEALS

Section 39 of act June 25, 1948, repealed section 1 of act Feb. 13, 1925, ch. 229, 43 Stat. 936, formerly cited as a credit to this section, which authorized review in the Circuit Court of Appeals in the First Circuit.

11-617 VOL. 18 0-84-43

FEDERAL RULES OF CIVIL PROCEDURE Application of rules, see rule 1, Title 28, Appendix, Judiciary and Judicial Procedure.

FEDERAL RULES OF CRIMINAL PROCEDURE Application of rules, see note by Advisory Committee under rule 54, Title 18, Appendix, Crimes and Criminal Procedure.

CROSS REFERENCES

Removal of cases from State courts, see section 1441 et seq. of Title 28, Judiciary and Judicial Procedure. Review generally, see section 2101 et seq. of Title 28. Supreme Court

Direct appeals from decisions invalidating Acts of
Congress, see section 1252 of Title 28.

Jurisdiction and venue generally, see section 1251
et seq. of Title 28.

§ 865. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992

Section, acts Mar. 2, 1917, ch. 145, § 43, 39 Stat. 966; Feb. 13, 1925, ch. 229, § 13, 43 Stat. 942; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54, related to writs of error and appeals. See section 1294 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF REPEAL

Repeal of section effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§ 866. Omitted

CODIFICATION

Section, act Apr. 12, 1900, ch. 191, § 35, 31 Stat. 85, provided that all proceedings in Supreme Court of United States to review decisions of Supreme Court of Puerto Rico and the District Court of the United States for Puerto Rico, should be conducted in the English language.

§ 867. Repealed. Pub. L. 90-274, § 103(g), Mar. 27, 1968, 82 Stat. 63

Section, act Mar. 2, 1917, ch. 145, § 44, 39 Stat. 966, set out the qualifications for jurors in the District Court of the United States for Puerto Rico as different from those set by local law and directed that juries be selected, drawn, and subject to exemption in accordance with laws of Congress insofar as locally applicable.

EFFECTIVE DATE OF REPEAL

Repeal of section effective 270 days after Mar. 27, 1968, except as to cases in which an indictment is returned or petit jury is empaneled prior to such effective date, see section 104 of Pub. L. 90-274, set out as an Effective Date of 1968 Amendment note under section 1861 of Title 28, Judiciary and Judicial Procedure.

§ 868. Fees part of United States revenues

All fees, fines, costs, and forfeitures as would be deposited to the credit of the United States if collected and paid into a district court of the United States shall become revenues of the United States when collected and paid into the United States District Court for the District of Puerto Rico. The sum of $500 a year from such fees, fines, costs, and forfeitures shall be retained by the clerk and expended for law library purposes under the direction of the judge.

(Mar. 2, 1917, ch. 145, § 45, 39 Stat. 966; May 17, 1932, ch. 190, 47 Stat. 158.)

CODIFICATION

"United States District Court for the District of Puerto Rico" was substituted in text for "District Court of the United States for Puerto Rico" in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that "There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district" and section 119 of Title 28, which states that "Puerto Rico constitutes one judicial district".

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in act Mar. 2, 1901, ch. 812, § 2, 31 Stat. 953.

CHANGE OF NAME

"Puerto Rico" was substituted in text for "Porto Rico" pursuant to act May 17, 1932, which authorized the redesignation of the island of Porto Rico as Puerto Rico.

§ 869. Fees payable by United States out of revenue of Puerto Rico

Such fees and expenses as are payable by the United States if earned or incurred in connection with a district court of the United States shall be paid from the revenue of Puerto Rico if earned or incurred in connection with the United States District Court for the District of Puerto Rico.

(Mar. 2, 1901, ch. 812, § 2, 31 Stat. 953; May 17, 1932, ch. 190, 47 Stat. 158.)

CODIFICATION

"United States District Court for the District of Puerto Rico" was substituted in text for "District Court of the United States for Puerto Rico" in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that "There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district" and section 119 of Title 28 which states that "Puerto Rico constitutes one judicial district".

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. As originally enacted, so much of section 2 of act Mar. 2, 1901, as is pertinent here, was as follows: "Such fees and expenses as are payable by the United States, if earned or incurred in connection with a circuit or district court of the United States, shall be paid from the revenues of Porto Rico, if earned or incurred in connection with the district court of the United States for Porto Rico."

note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§ 871. Omitted

CODIFICATION

Section, acts Mar. 2, 1917, ch. 145, § 47, 39 Stat. 967; May 17, 1932, ch. 190, 47 Stat. 158, which related to fees and mileage of jurors and witnesses, was superseded by sections 1821, 1825 and 1871 of Title 28, Judiciary and Judicial Procedure.

§ 872. Habeas corpus; mandamus; suit to restrain assessment or collection of taxes

The supreme and district courts of Puerto Rico and the respective judges thereof may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the district courts of the United States, and the district courts may grant writs of mandamus in all proper cases.

No suit for the purpose of restraining the assessment or collection of any tax imposed by the laws of Puerto Rico shall be maintained in the United States District Court for the District of Puerto Rico.

(Mar. 2, 1927, ch. 145, § 48, 39 Stat. 967; Mar. 4, 1927, ch. 503, § 7, 44 Stat. 1421; May 17, 1932, ch. 190, 47 Stat. 158.)

CODIFICATION

"United States District Court for the District of Puerto Rico" was substituted in text for "District Court of the United States for Puerto Rico" in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that "There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district" and section 119 of Title 28 which states that "Puerto Rico constitutes one judicial district".

AMENDMENTS

1927-Act Mar. 4, 1927, added second paragraph.

CHANGE OF NAME

CROSS REFERENCES

320