28 U.S.C. § 754 — Receivers of property in different districts

Page 330 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 754 EFFECTIVE DATE OF 1960 AMENDMENT Amendment by Pub. L. 86–568 effective on the first day of the first pay period which begins on or after July 1, 1960, see section 122 of Pub. L. 86–568. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see Pub. L. 85–508, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. SAVINGS PROVISION Pub. L. 97–164, title IV, § 401(b), Apr. 2, 1982, 96 Stat. 57, provided that: ‘‘The regulations promulgated by the Judicial Conference pursuant to subsection (b) of sec- tion 753 of title 28, as amended by subsection (a) of this section, shall not take effect before one year after the effective date of this Act [Oct. 1, 1982]. During the one- year period after the date of the enactment of this Act [Apr. 2, 1982], the Judicial Conference shall experiment with the different methods of recording court pro- ceedings. Prior to the effective date of such regula- tions, the law and regulations in effect the day before the date of enactment of this Act shall remain in full force and effect.’’ TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the ‘‘transi- tion period’’, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Para- graph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. SALARY LIMITATION FOR COURT REPORTERS 1967—Pub. L. 90–206, title II, § 213(c), Dec. 16, 1967, 81 Stat. 635, inserted a new salary limitation for court re- porters effective the first pay period which begins on or after Oct. 1, 1967, which reflected the respective appli- cable pay increases provided by section 202(a) of Pub. L. 90–206 in corresponding rates of compensation for par- ticular officers and employees of the government. 1966—Pub. L. 89–504, title II, § 202(c), July 18, 1966, 80 Stat. 294, inserted a new salary limitation for court re- porters effective the first pay period which begins on or after July 1, 1966, which reflected the respective appli- cable pay increases provided by section 102(a) of title I of Pub. L. 89–504 in corresponding rates of compensa- tion for particular officers and employees of the gov- ernment. 1965—Pub. L. 89–301, § 12(c), Oct. 29, 1965, 79 Stat. 1122, inserted a new salary limitation for court reporters which reflected the applicable pay increases provided by section 2(a) of Pub. L. 89–301 in corresponding rates of compensation for particular government officers and employees. 1964—Pub. L. 88–426, title IV, § 402(c), Aug. 14, 1964, 78 Stat. 434, inserted a new salary limitation for court re- porters which reflected the applicable pay increases provided by title I of Pub. L. 88–426 in corresponding rates of compensation for particular government offi- cers and employees. 1962—Pub. L. 87–793, title VI, § 1004(c), Oct. 11, 1962, 76 Stat. 866, inserted a new salary limitation for court re- porters effective for the pay period beginning on or after Oct. 11, 1962, and ending immediately prior to the first pay period beginning on or after Jan. 1, 1964, and provided for a second salary limitation effective for the first pay period beginning on or after Jan. 1, 1964, which reflected applicable pay increases provided by title II of Pub. L. 87–793 in corresponding rates of compensation for particular government officers and employees. § 754. Receivers of property in different districts A receiver appointed in any civil action or proceeding involving property, real, personal or mixed, situated in different districts shall, upon giving bond as required by the court, be vested with complete jurisdiction and control of all such property with the right to take possession thereof. He shall have capacity to sue in any district without ancillary appointment, and may be sued with respect thereto as provided in section 959 of this title. Such receiver shall, within ten days after the entry of his order of appointment, file copies of the complaint and such order of appointment in the district court for each district in which property is located. The failure to file such cop- ies in any district shall divest the receiver of ju- risdiction and control over all such property in that district. (June 25, 1948, ch. 646, 62 Stat. 922.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 117 (Mar. 3, 1911, ch. 231, § 56, 36 Stat. 1102). Word ‘‘action’’ was substituted for ‘‘suit’’, in view of Rule 2 of the Federal Rules of Civil Procedure. Section 117 of title 28, U.S.C., 1940 ed., applied to land or other property of a fixed character lying in different States within the same circuit. Words ‘‘property, real, personal or mixed, situated in different districts’’, were inserted to broaden the scope of this section to cover all property in different districts without respect to situs ‘‘within different states within same judicial cir- cuit’’. The revised section permits the receiver appointed by any district court to control all property of the defend- ant in whatever district the property is situated. The provisions of section 117 of title 28, U.S.C., 1940 ed., for divesting the receiver’s jurisdiction and control of property in other districts upon disapproval by the cir- cuit court of appeals or a judge thereof of the circuit embracing the district of appointment was omitted as unnecessary in view of sections 1292 and 2107 of this title. Said section 1292 provides for review of the order of appointment and the directions of the reviewing court will control the receiver. Provisions of section 117 of title 28, U.S.C., 1940 ed., relating to process are the basis of section 1692 of this title. Under section 117 of title 28, U.S.C., 1940 ed., failure to file copies of the complaint and order of appoint- ment in any district where part of the property was lo- cated divested the receiver of jurisdiction over all the property except that part located in the State where the suit was brought. This has been changed by lim- iting the exception to the district where the copies are not filed. Obviously the election of the receiver not to take control of property in one district ought not to preclude his control in those districts in which he did file such copies. Changes were made in phraseology. § 755. Criers and bailiffs Each district judge may appoint a crier for the court in which he presides who shall perform also the duties of bailiff and messenger. A crier may perform also the duties of law clerk if he is qualified to do so and the district judge who ap- pointed him designates him to serve as a crier- law clerk. A crier designated to serve as a crier- law clerk shall receive the compensation of a law clerk, but only so much of that compensa- tion as is in excess of the compensation to which