28 U.S.C. § 415 — Untitled legal text

Page 152 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE [§ 415 1 So in original. Does not conform to section catchline. neys of the United States and its territories and posses- sions, and other officers of the United States or an agency thereof’’ for ‘‘furnished to justices and judges of the United States and of the Territorial Courts, United States attorneys, clerks of courts, and other officers of the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87–845, § 25, Oct. 18, 1962, 76A Stat. 701, pro- vided that: ‘‘This Act [enacting section 4210 of Title 18, Crimes and Criminal Procedure, and section 858 of Title 50, War and National Defense, and amending this sec- tion, sections 547, 1404, and 1406 of this title, section 14 of Title 18, section 1934 of Title 22, Foreign Relations and Intercourse, section 196 of Title 24, Hospitals and Asylums, and sections 191a and 191b of Title 50] takes effect January 2, 1963. Laws enacted after January 9, 1962, that are inconsistent with this Act, supersede it to the extent of the inconsistency.’’ [§ 415. Repealed. Pub. L. 97–164, title I, § 113, Apr. 2, 1982, 96 Stat. 29] Section, acts June 25, 1948, ch. 646, 62 Stat. 906; May 24, 1949, ch. 139, § 70, 63 Stat. 100, provided for distribu- tion of copies of decisions of Court of Claims. See sec- tion 174(b) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title. CHAPTER 21—GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES Sec. 451. Definitions. 452. Courts always open; power unrestricted by ex- piration of sessions.1 453. Oath of justices and judges.1 454. Practice of law by justices and judges. 455. Disqualification of justice, judge, or mag- istrate judge. 456. Traveling expenses of justices and judges; of- ficial duty stations. 457. Records; obsolete papers. 458. Relative of justice or judge ineligible to ap- pointment. 459. Administration of oaths and acknowledg- ments. 460. Application to other courts. 461. Adjustments in certain salaries. 462. Court accommodations. 463. Expenses of litigation. Editorial Notes AMENDMENTS 1982—Pub. L. 97–164, title I, §§ 115(a)(2), (b)(2), (c)(2), 116(b), Apr. 2, 1982, 96 Stat. 31, 32, inserted ‘‘; official duty stations’’ in item 456, substituted ‘‘other courts’’ for ‘‘Canal Zone, Guam and Virgin Islands’’ in item 460, and added items 462 and 463. 1978—Pub. L. 95–598, title II, §§ 214(c), 217(b), Nov. 6, 1978, 92 Stat. 2661, struck out ‘‘Alaska,’’ after ‘‘Applica- tion to’’ in item 460 and struck out reference to referees in bankruptcy in item 455. 1975—Pub. L. 94–82, title II, § 205(a)(2), Aug. 9, 1975, 89 Stat. 422, added item 461. 1974—Pub. L. 93–512, § 2, Dec. 5, 1974, 88 Stat. 1610, sub- stituted ‘‘Disqualification of justice, judge, magistrate, or referee in bankruptcy’’ for ‘‘Interest of justice or judge’’ in item 455. 1963—Pub. L. 88–139, § 3(b), Oct. 16, 1963, 77 Stat. 248, substituted ‘‘power unrestricted by expiration of ses- sions’’ for ‘‘powers unrestricted by terms’’ in item 452. 1951—Act Oct. 31, 1951, ch. 655, § 42, 65 Stat. 725, in- serted ‘‘, Guam’’ in item 460. CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ in item 455 pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. § 451. Definitions As used in this title: The term ‘‘court of the United States’’ in- cludes the Supreme Court of the United States, courts of appeals, district courts constituted by chapter 5 of this title, including the Court of International Trade and any court created by Act of Congress the judges of which are entitled to hold office during good behavior. The terms ‘‘district court’’ and ‘‘district court of the United States’’ mean the courts con- stituted by chapter 5 of this title. The term ‘‘judge of the United States’’ in- cludes judges of the courts of appeals, district courts, Court of International Trade and any court created by Act of Congress, the judges of which are entitled to hold office during good be- havior. The term ‘‘justice of the United States’’ in- cludes the Chief Justice of the United States and the associate justices of the Supreme Court. The terms ‘‘district’’ and ‘‘judicial district’’ means the districts enumerated in Chapter 5 of this title. The term ‘‘department’’ means one of the ex- ecutive departments enumerated in section 1 of Title 5, unless the context shows that such term was intended to describe the executive, legisla- tive, or judicial branches of the government. The term ‘‘agency’’ includes any department, independent establishment, commission, admin- istration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense. (June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 86–3, § 10, Mar. 18, 1959, 73 Stat. 9; Pub. L. 89–571, § 3, Sept. 12, 1966, 80 Stat. 764; Pub. L. 95–598, title II, § 213, Nov. 6, 1978, 92 Stat. 2661; Pub. L. 96–417, title V, § 501(10), Oct. 10, 1980, 94 Stat. 1742; Pub. L. 97–164, title I, § 114, Apr. 2, 1982, 96 Stat. 29.) HISTORICAL AND REVISIONS NOTES This section was inserted to make possible a greater simplification in consolidation of the provisions incor- porated in this title. The definitions of agency and department conform with such definitions in section 6 of revised title 18, U.S.C. (H.R. 3190, 80th Cong.). SENATE REVISION AMENDMENT Those provisions of this section which related to the Tax Court were eliminated by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes REFERENCES IN TEXT Section 1 of Title 5, referred to in text, is section 1 of former Title 5, Executive Departments and Govern-