June 25, 1948, ch. 64662 Stat. 920May 24, 1949, ch. 139, § 7563 Stat. 100Pub. L. 97–164, title I, § 120(b)(1)96 Stat. 33(, ; , ; , , .)
Historical and Revision Notes
Act1948
Mar. 3, 1891, ch. 517, § 926 Stat. 829Feb. 9, 1893, ch. 74, § 427 Stat. 435July 30, 1894, ch. 172, § 128 Stat. 160Mar. 3, 1901, ch. 854, § 22431 Stat. 1224June 30, 1902, ch. 132932 Stat. 528Mar. 3, 1911, ch. 231, § 29136 Stat. 1167Aug. 23, 1912, ch. 35037 Stat. 412Feb. 22, 1921, ch. 70, § 741 Stat. 1144Mar. 4, 1923, ch. 26542 Stat. 1488May 21, 1928, ch. 65945 Stat. 645Based on title 28, U.S.C., 1940 ed., § 547, and section 11–204 of District of Columbia Code, 1940 ed., (, ; , ; , ; , ; , ; , ; , ; , ; , ; , ).
section 547 of title 28Section consolidates parts of section 11–204 of the District of Columbia Code, 1940 ed., and , U.S.C., 1940 ed.
The Judicial Code provided for the appointment of assistants and messengers in the Supreme Court, criers and “persons to wait upon juries” in the district courts, a messenger in the Court of Customs and Patent Appeals, and a bailiff and a chief messenger in the Court of Claims (see title 28, U.S.C., 1940 ed., §§ 9, 244, 305, 331) and also provided (see same title, § 547) that criers, bailiffs and messengers of the courts of appeals should be allowed the same compensation as allowed for similar services in the district courts, but did not provide for the appointment of said criers, bailiffs and messengers. This section authorizes such appointments.
section 224 of title 28The provisions of , U.S.C., 1940 ed., that the United States marshal shall provide for the expenses of criers, bailiffs and messengers for the circuit courts of appeals are superseded by sections 601–610 of this title vesting such functions in the Administrative Office of the United States Courts.
section 604 of this titleProvisions of section 11–204 of District of Columbia Code, 1940 ed., relating to appointment and compensation of clerk of the United States Court of Appeals for the District of Columbia are incorporated in sections 711 and 604 of this title, respectively. Other provisions of such section were retained in the District of Columbia Code. (See reviser’s note under .)
section 755 of this titlesection 547 of title 28section 604 of this titleCompensation of bailiffs is provided by . Other provisions of , U.S.C., 1940 ed., relating to compensation of criers, clerks, and messengers are incorporated in .
50 Stat. 378Marshal for the Court of Appeals for the District of Columbia was authorized by the District of Columbia Appropriation Act of , .
section 755 of this titleThe duties of criers and bailiffs are made specific consistently with , and existing administrative practice.
The removal provisions are added to make this section consistent with the same provisions in other sections relating to tenure of court officers.
Changes in phraseology and arrangement were made.
Act1949
section 713 of title 28This section corrects typographical errors in , U.S.C.
Editorial Notes
Amendments
Pub. L. 97–1641982— substituted “Librarians” for “Criers, bailiffs, and messengers” in section catchline.
Pub. L. 97–164Subsec. (a). struck out “and necessary library assistants” after “Each court of appeals may appoint a librarian”.
Pub. L. 97–164Subsec. (b). substituted “The librarian, with the approval of the court, may appoint necessary library assistants in such numbers as the Director of the Administrative Office of the United States Courts may approve” for “Each court of appeals, except the Court of Appeals for the District of Columbia, may appoint a crier and such messengers as may be necessary, all of whom shall be subject to removal by the court” and “The librarian may remove such library assistants with the approval of the court” for “The crier shall also perform the duties of bailiff and messenger”.
Pub. L. 97–164section 714 of this titleSubsecs. (c), (d). struck out subsecs. (c) and (d) which had provided, respectively, that the Court of Appeals for the District of Columbia could appoint a marshal, who would attend the court at its sessions, be custodian of its courthouse, have supervision over its custodial employees, take charge of all property of the United States used by the court or its employees, and perform such other duties as the court might direct, that the court could also appoint necessary messengers who would be subject to removal by the court, that the United States marshal of the district in which a court of appeals was sitting or in which a circuit judge was present in chambers, could, with the approval of the court or judge, employ necessary bailiffs, that the bailiffs would attend the court, preserve order, and perform such other necessary duties as the court, judge or marshal might direct, and that such bailiffs would receive the same compensation as bailiffs employed for the district courts. See .
1949—Act , inserted subsection designation (b) preceding second par. and renumbered former subsecs. (b) and (c) as (c) and (d), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of this titleAmendment by effective , see , set out as a note under .
Continuation of Service of Marshal for Court of Appeals for District of Columbia; Applicability of Other Law to Court During Such Individual’s Service
Pub. L. 98–620, title IV, § 41598 Stat. 3364