28 U.S.C. § 459 — Administration of oaths and acknowledg-

Page 159 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 460 HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 126 (Mar. 3, 1887, ch. 373, § 7, 24 Stat. 555; Aug. 13, 1888, ch. 866, § 7, 25 Stat. 437; Mar. 3, 1911, ch. 231, § 67, 36 Stat. 1105; Dec. 21, 1911, ch. 4, 37 Stat. 46). A provision referring to circuit court employees as of December 21, 1911, was omitted as obsolete. Changes in phraseology were made. Editorial Notes AMENDMENTS 1998—Pub. L. 105–300 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) and (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–300, § 1(b), Oct. 27, 1998, 112 Stat. 2837, pro- vided that: ‘‘This Act [amending this section] shall take effect on the date of enactment of this Act [Oct. 27, 1998] and shall apply only to any individual whose nomination is submitted to the Senate on or after such date.’’ § 459. Administration of oaths and acknowledg- ments Each justice or judge of the United States may administer oaths and affirmations and take ac- knowledgments. (June 25, 1948, ch. 646, 62 Stat. 908.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 264, 385, section 1509 of title 19, U.S.C., 1940 ed., Customs Duties, and section 1114(a) of title 26, U.S.C., 1940 ed., Internal Rev- enue Code (Mar. 3, 1911, ch. 231, §§ 158, 268, 36 Stat. 1139, 1163; June 17, 1930, ch. 497, title IV, § 509, 46 Stat. 733; 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). Section consolidates provisions of sections 264 and 385 of title 28, U.S.C., 1940 ed., section 1509 of title 19, U.S.C., 1940 ed., and section 1114(a) of title 26, U.S.C., 1940 ed., relating to administration of oaths and ac- knowledgments by judges and courts. The provision of section 385 of title 28, U.S.C., 1940 ed., giving to ‘‘all courts of the United States’’ power to impose and administer all necessary oaths is the only part of such section in this title. The remainder is incorporated in section 401 of revised title 18, U.S.C. (H.R. 1600, 80th Cong.), Crimes and Criminal Procedure. Section 264 of title 28, U.S.C., 1940 ed., related only to the Court of Claims and provision of such section relat- ing to clerks and deputies is incorporated in section 953 of this title. Section 1509 of title 19, U.S.C., 1940 ed., related only to the Customs Court. Section 1114(a) of title 26, U.S.C., 1940 ed., related only to The Tax Court. That portion of such section au- thorizing certain employees of The Tax Court to ad- minister oaths and acknowledgments is incorporated in section 953 of this title. For distribution of other provi- sions thereof, see Distribution Table. The revised section clarifies what was apparently a statutory omission in that no provision was made with reference to the Court of Customs and Patent Appeals, the judges of which now will have the same power re- specting administering oaths as judges of other courts. SENATE REVISION AMENDMENT By Senate amendment, all provisions relating to the Tax Court were eliminated, therefore, as finally en- acted, section 1114(a) of Title 26, U.S.C., Internal Rev- enue Code, did not constitute part of the source of this section. However, no change in the text of this section was necessary. See 80th Congress Senate Report No. 1559. § 460. Application to other courts (a) Sections 452 through 459 and section 462 of this chapter shall also apply to the United States Court of Federal Claims, to each court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States, and to the judges thereof. (b) The official duty station of each judge re- ferred to in subsection (a) which is not other- wise established by law shall be that place where the court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives. (June 25, 1948, ch. 646, 62 Stat. 908; Oct. 31, 1951, ch. 655, § 43(a), 65 Stat. 725; Pub. L. 85–508, § 12(e), July 7, 1958, 72 Stat. 348; Pub. L. 95–598, title II, § 217(a), Nov. 6, 1978, 92 Stat. 2661; Pub. L. 97–164, title I, § 115(b)(1), Apr. 2, 1982, 96 Stat. 31; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) HISTORICAL AND REVISION NOTES This section was included to make clear that the pro- visions of this chapter are equally applicable in Alaska, the Canal Zone and the Virgin Islands in view of defini- tive section 451 of this title. Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Pub. L. 97–164 substituted ‘‘Application to other courts’’ for ‘‘Application to Canal Zone, Guam and Vir- gin Islands’’ in section catchline, designated existing provisions as subsec. (a), substituted ‘‘Sections 452 through 459 and section 462 of this chapter shall also apply to the United States Claims Court, to each court created by Act of Congress in a territory which is in- vested with any jurisdiction of a district court of the United States, and to the judges thereof’’ for ‘‘Sections 452–459 of this chapter shall also apply to 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 the judges thereof’’, and added subsec. (b). 1978—Pub. L. 95–598 struck out ‘‘Alaska,’’ after ‘‘Ap- plication to’’ in section catchline. 1958—Pub. L. 85–508 struck out provisions which made sections 452 to 459 applicable to the District Court for the Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska. 1951—Act Oct. 31, 1951, inserted ‘‘, Guam’’ in section catchline, and inserted reference to the District Court of Guam in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.