Pub. L. 89–554, § 4(c)80 Stat. 617 (Added , , .)
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Historical and Revision Notes |
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1966 Act |
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
(a) | [None]. | |
(b) | [None]. | |
(c) | 28 U.S.C. 504(b) (less 2d sentence). | [None]. |
In subsection (c), the word “is” is substituted for “shall be”.
Act1948
Prior section 501.—June 26, 1876, ch. 147 19 Stat. 61 Feb. 24, 1879, ch. 97, § 8 20 Stat. 320 Mar. 3, 1881, ch. 144, § 7 21 Stat. 507 Apr. 25, 1882, ch. 87 22 Stat. 47 July 20, 1882, ch. 312, § 3 22 Stat. 172 Aug. 5, 1886, ch. 928, § 7 24 Stat. 309 Feb. 22, 1889, ch. 180, § 21 25 Stat. 682 July 3, 1890, ch. 656, § 16 26 Stat. 217 July 10, 1890, ch. 664, § 16 26 Stat. 225 Mar. 3, 1893, ch. 220 27 Stat. 745 July 16, 1894, ch. 138 28 Stat. 110 June 24, 1898, ch. 495, § 1 30 Stat. 487 Apr. 12, 1900, ch. 191, § 34 31 Stat. 85 Apr. 30, 1900, ch. 339, § 86 31 Stat. 158 May 12, 1900, ch. 391, § 9 31 Stat. 176 Jan. 22, 1901, ch. 105 31 Stat. 736 Feb. 12, 1901, ch. 355 31 Stat. 782 Mar. 2, 1901, ch. 801 31 Stat. 881 Mar. 3, 1901, ch. 854, § 183 31 Stat. 1220 Mar. 11, 1902, ch. 183 32 Stat. 66 June 30, 1902, ch. 1329 32 Stat. 527 Mar. 2, 1905, ch. 1305 33 Stat. 824 Mar. 3, 1905, ch. 1427 33 Stat. 995 June 16, 1906, ch. 3335, § 13 34 Stat. 275 Mar. 3, 1909, ch. 269, § 1 35 Stat. 838 Jan. 7, 1913, ch. 6 37 Stat. 648 Mar. 3, 1915, ch. 100 38 Stat. 961 Mar. 2, 1917, ch. 145, § 41 39 Stat. 965 Mar. 4, 1921, ch. 161, § 1 41 Stat. 1412 July 9, 1921, ch. 42, § 313 42 Stat. 119 May 28, 1926, ch. 414, § 2(b) 44 Stat. 672 Apr. 21, 1928, ch. 393 45 Stat. 437 Mar. 26, 1928, ch. 51, § 2 52 Stat. 118 Based on title 28, U.S.C., 1940 ed., § 481, sections 643 and 863 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, and section 11–1001, District of Columbia Code, 1940 ed. (R.S., § 767; , §§ 1, 4, , 62; , ; , ; , §§ 1, 3, ; , ; , ; , ; , ; , ; , ; , §§ 14, 16, , 111; , ; , ; , ; , ; , §§ 4, 7, , 737; , §§ 5, 7, ; , §§ 3, 5, ; , ; , §§ 5, 6, ; , ; , §§ 4, 6, ; , §§ 13, 15, 19, , 996; , ; , ; , ; , §§ 3, 4, ; , ; , ; , ; , ; , ; , ).
section 481 of title 28Section consolidates , U.S.C., 1940 ed., and section 11–1001 of the District of Columbia Code, 1940 ed., with parts of sections 643 and 863 of title 48, U.S.C., 1940 ed., relating to appointment of United States attorneys.
Feb. 22, 1886, ch. 928, § 7 24 Stat. 309 July 3, 1890, ch. 656, § 16 26 Stat. 217 July 10, 1890, ch. 664, § 16 26 Stat. 225 July 20, 1882, ch. 312, § 3 22 Stat. 172 Mar. 3, 1915, ch. 100, § 3 38 Stat. 961 May 28, 1926, ch. 414, § 2(b) 44 Stat. 672 The term “United States attorney” was adopted in this section for “attorney for the United States.” Since the decision of the Supreme Court of the United States in In re Neagle, 1890 (10 S. Ct. 658, 135 U.S. 1, 34, L. Ed. 55) where the terms “attorneys of the United States” and “district attorneys” were used interchangeably, Congress has also designated such officers as either “United States attorneys” or as “district attorneys.” See Acts of , ; , ; , , and Acts of , ; , ; , .
At present, such officers are invariably designated as “United States attorneys” by Federal courts and the Department of Justice.
Words “The President may appoint, by and with the advice and consent of the Senate,” were inserted to conform section with the Constitution. See article II, section 2, clause 2.
section 88 of this titleWords “including the District of Columbia” were omitted, because the District is made a judicial district by . District of Columbia Code, 1940 ed., § 11–1001, provided for appointment of an “attorney of the United States for the District” by the President, subject to Senate confirmation.
Words “learned in the law” were omitted as unnecessary. Such requirement is not made of United States judges and no reason appears to make a distinction respecting United States attorneys.
section 863 of title 48Parts of , U.S.C., 1940 ed., remain in said title 48. For remainder thereof, see Distribution Table. Other provisions of section 643 of such title are incorporated in sections 133, 504 [now 541 and 544], and 541 [see 561] of this title.
Changes were made in phraseology.
section 544 of this title[The Historical and Revision Notes for former section 504, from which this section is partially derived, is set out under .]
Editorial Notes
Prior Provisions
June 25, 1948, ch. 646 Pub. L. 86–3, § 11(c)73 Stat. 9 Pub. L. 89–554, § 8(a)section 561 of this titlesection 4(c) of Pub. L. 89–554A prior section 541, acts , 62 Stat 910; , , (d), , related to appointment, residence and tenure of marshals, prior to repeal by , and reenactment in by .