28 U.S.C. § 872 — Criers, bailiffs, and messengers

Page 336 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 872 this Act [enacting section 873 and amending this sec- tion and sections 253, 550, and 872 of this title] shall be construed to deprive any person serving on the date of enactment of this Act [Sept. 9, 1959] as an officer or em- ployee of the Customs Court of any rights, privileges, or civil service status, if any, to which such person is entitled under the laws of the United States or regula- tions thereunder.’’ § 872. Criers, bailiffs, and messengers The Court of International Trade may appoint such criers as it may require for said court, which criers shall also perform the duties of bailiffs and messengers and such other duties as the court directs and shall be subject to removal by the court. (Added Pub. L. 86–243, § 1, Sept. 9, 1959, 73 Stat. 474, § 873; amended Pub. L. 96–417, title V, § 501(19), Oct. 10, 1980, 94 Stat. 1742; renumbered § 872, Pub. L. 99–466, § 3(b)(2), Oct. 14, 1986, 100 Stat. 1191.) Editorial Notes PRIOR PROVISIONS A prior section 872, acts June 25, 1948, ch. 646, 62 Stat. 925; May 24, 1949, ch. 139, § 78, 63 Stat. 101; Sept. 9, 1959, Pub. L. 86–243, § 1, 73 Stat. 474; Oct. 10, 1980, Pub. L. 96–417, title V, § 501(18), 94 Stat. 1742, related to a mar- shal and deputy marshals, prior to repeal by Pub. L. 99–466, §§ 3(b)(1), 4, Oct. 14, 1986, 100 Stat. 1191, effective 60 days after Oct. 14, 1986. AMENDMENTS 1986—Pub. L. 99–466 renumbered section 873 of this title as this section. 1980—Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title. SAVINGS PROVISION Enactment of section by Pub. L. 86–243 not to deprive Customs Court officers or employees of any rights, privileges, or civil service status, see section 4 of Pub. L. 86–243, set out as a note under section 871 of this title. [§ 873. Renumbered § 872] CHAPTER 57—GENERAL PROVISIONS APPLI- CABLE TO COURT OFFICERS AND EM- PLOYEES Sec. 951. Oath of office of clerks and deputies. [952. Repealed.] 953. Administration of oaths and acknowledg- ments. 954. Vacancy in clerk position; absence of clerk. 955. Practice of law restricted. 956. Powers and duties of clerks and deputies. 957. Clerks ineligible for certain offices. 958. Persons ineligible as receivers. 959. Trustees and receivers suable; management; State laws. 960. Tax liability. 961. Office expenses of clerks. [962. Repealed.] Sec. 963. Courts defined. SENATE REVISION AMENDMENT This chapter was renumbered ‘‘57’’, but without change in its section numbers, by Senate amendment. See 80th Congress Senate Report No. 1559. Editorial Notes AMENDMENTS 1996—Pub. L. 104–317, title II, § 204(b), Oct. 19, 1996, 110 Stat. 3850, substituted ‘‘Vacancy in clerk position; ab- sence of clerk’’ for ‘‘Death of clerk; duties of deputies’’ in item 954. 1972—Pub. L. 92–310, title II, § 206(e)(2), (f)(2), June 6, 1972, 86 Stat. 203, struck out item 952 ‘‘Bonds of clerks and deputies’’, and struck out ‘‘and remedies against’’ before ‘‘deputies’’ in item 954. 1968—Pub. L. 90–623, § 4, Oct. 22, 1968, 82 Stat. 1315, struck out item 962 ‘‘Traveling expenses’’. 1949—Act May 24, 1949, ch. 139, § 78a, 63 Stat. 101, struck out ‘‘by clerks’’ after ‘‘law’’ in item 955. § 951. Oath of office of clerks and deputies Each clerk of court and his deputies shall take the following oath or affirmation before enter- ing upon their duties: ‘‘I, lll lll, having been appointed lll, do solemnly swear (or af- firm) that I will truly and faithfully enter and record all orders, decrees, judgments and pro- ceedings of such court, and will faithfully and impartially discharge all other duties of my of- fice according to the best of my abilities and un- derstanding. So help me God.’’ (June 25, 1948, ch. 646, 62 Stat. 925.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 512 (R.S., § 794; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167). Section 512 of title 28, U.S.C., 1940 ed., applied only to the Clerk of the Supreme Court and clerks and deputies of the district courts. This section is applicable to the Supreme Court and to all courts established by act of Congress. The last sentence of section 512 of title 28, U.S.C., 1940 ed., reading ‘‘The words ‘So help me God.’ shall be omitted in all cases where an affirmation is admitted instead of an oath,’’ was omitted as unnecessary be- cause on affirmation such words would not be included. As revised, the section conforms with section 453 of this title providing for the form of judicial oath. Minor changes were made in phraseology. [§ 952. Repealed. Pub. L. 92–310, title II, § 206(e)(1), June 6, 1972, 86 Stat. 203] Section, act June 25, 1948, ch. 646, 62 Stat. 926, related to bonds of clerks and deputies. § 953. Administration of oaths and acknowledg- ments Each clerk of court and his deputies may ad- minister oaths and affirmations and take ac- knowledgments. (June 25, 1948, ch. 646, 62 Stat. 926.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 264, 523 and 525, section 1114(a) of title 26, U.S.C., 1940 ed., Internal Rev- enue Code, and District of Columbia Code, 1940 ed., § 11–402 (R.S. § 799; May 28, 1896, ch. 252, § 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat. 956; Mar. 3, 1901, ch. 854, § 178, 31 Stat. 1219; June 30, 1902, ch. 1329, 32 Stat. 527; Mar. 3, 1911, ch. 231, §§ 158, 291, 36 Stat. 1139, 1167; Feb.