June 1948 amendment of the Bankruptcy Act of 1898 (ch. 646)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 28 of the United States Code, entitled “Judicial Code and Judiciary” is hereby revised, codified, and enacted into law, and may be cited as “Title 28, United States Code, section —”, as follows:

TITLE 28, JUDICIARY AND JUDICIAL PROCEDURE

Part	Sec.
I.	Organization of courts	1
II.	United States attorneys and marshals	501
III.	Court officers and employees	601
IV.	Jurisdiction and venue	1251
V.	Procedure	1651
VI.	Particular proceedings	2201

PART I.—ORGANIZATION OF COURTS

Chapter	Sec.
1.	Supreme Court	1
3.	Courts of appeals	41
5.	District courts	81
7.	Court of Claims	171
9.	Court of Customs and Patent Appeals	211
11.	Customs Court	251
13.	Assignment of judges to other courts	291
15.	Conferences and councils of judges	331
17.	Resignation and retirement of judges	371
19.	Distribution of reports and digests	411
21.	General provisions applicable to courts and judges	451

CHAPTER 1—SUPREME COURT

Sec.

1.	Number of justices; quorum.
2.	Terms of court.
3.	Vacancy in office of Chief Justice; disability.
4.	Precedence of associate justices.
5.	Salaries of justices.
6.	Records of former court of appeals.

§ 1. Number of justices; quorum

The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.

§ 2. Terms of court

The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and may hold such adjourned or special terms as may be necessary.

§ 3. Vacancy in office of Chief Justice; disability

Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified.

§ 4. Precedence of associate justices

Associate justices shall have precedence according to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age.

[62 Stat. 870–930 omitted (61 pages)]

§ 1333. Admiralty, maritime and prize cases

The district courts shall have original jurisdiction, exclusive of the courts of the States, of:

(1) Any civil case of admiralty or maritime jurisdiction, saving to the libellant or petitioner in every case any other remedy to which he is otherwise entitled.

(2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize.

§ 1334. Bankruptcy matters and proceedings

The district courts shall have original jurisdiction, exclusive of the courts of the States, of all matters and proceedings in bankruptcy.

§ 1335. Interpleader

(a) The district courts shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, or corporation, association, or society having in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, policy of insurance, or other instrument of value or amount of $500 or more, or providing for the delivery or payment or the loan of money or property of such amount or value, or being under any obligation written or unwritten to the amount of $500 or more, if

(1) Two or more adverse claimants, of diverse citizenship as defined in section 1332 of this title, are claiming or may claim to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certificate, policy or other instrument, or arising by virtue of any such obligation; and if (2) the plaintiff has deposited such money or property or has paid the amount of or the loan or other value of such instrument or the amount due under such obligation into the registry of the court, there to abide the judgment of the court, or has given bond payable to the clerk of the court in such amount and with such surety as the court or judge may deem proper, conditioned upon the compliance by the plaintiff with the future order or judgment of the court with respect to the subject matter of the controversy.

(b) Such an action may be entertained although the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and independent of one another.

§ 1336. Interstate Commerce Commission’s orders

Except as otherwise provided by Act of Congress, the district courts shall have jurisdiction of any civil action to enforce, enjoin, set aside, annul or suspend, in whole or in part, any order of the Interstate Commerce Commission.

§ 1337. Commerce and anti-trust regulations

The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints and monopolies.

§ 1338. Patents, copyrights, trade-marks, and unfair competition

(a) The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, copyrights and trade-marks. Such jurisdiction shall be exclusive of the courts of the states in patent and copyright cases.

(b) The district courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent or trade-mark laws.

[62 Stat. 932–962 omitted (31 pages)]

§ 2105. Scope of review; abatement

There shall be no reversal in the Supreme Court or a court of appeals for error in ruling upon matters in abatement which do not involve jurisdiction.

§ 2106. Determination

The Supreme Court or any other court of appellate jurisdiction may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances.

§ 2107. Time for appeal to court of appeals

Except as otherwise provided in this section, no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such judgment, order or decree.

In any such action, suit or proceeding in which the United States or an officer or agency thereof is a party, the time as to all parties shall be sixty days from such entry.

In any action, suit or proceeding in admiralty, the notice of appeal may be filed within ninety days after the entry of the order, judgment or decree appealed from.

The district court, in any such action, suit or proceeding, may extend the time for appeal not exceeding thirty days from the expiration of the original time herein prescribed, upon a showing of excusible neglect based on failure of a party to learn of the entry of the judgment, order or decree.

This section shall not apply to bankruptcy matters or other proceedings under Title 11.

§ 2108. Proof of amount in controversy

Where the power of any court of appeals to review a case depends upon the amount or value in controversy, such amount or value, if not otherwise satisfactorily disclosed upon the record, may be shown and ascertained by the oath of a party to the case or by other competent evidence.

§ 2109. Quorum of Supreme Court justices absent

If a case brought to the Supreme Court by direct appeal from a district court cannot be heard and determined because of the absence of a quorum of qualified justices, the Chief Justice of the United States may order it remitted to the court of appeals for the circuit including the district in which the case arose, to be heard and determined by that court either sitting in banc or specially constituted and composed of the three circuit judges senior in commission who are able to sit, as such order may direct. The decision of such court shall be final and conclusive. In the event of the disqualification or disability of one or more of such circuit judges, such court shall be filled as provided in chapter 15 of this title.

In any other case brought to the Supreme Court for review, which cannot be heard and determined because of the absence of a quorum of qualified justices, if a majority of the qualified justices shall be of opinion that the case cannot be heard and determined at the next ensuing term, the court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided court.

[62 Stat. 964–1008 omitted (45 pages)]

SCHEDULE OF LAWS REPEALED—Continued

	Statutes at Large					U. S. Code
Date	Chapter	Title	Section	Volume	Page	Title	Section
1947—July 9	211	II (part)		61	⁵¹ᵃ 290	28	604a
Do.	211	IV (part)		61	⁵² 303	28	296a
Do.	211	IV (part)		61	⁵³ 304	28	412a
Do.	211	IV (part)		61	⁵⁴ 304, 305	28	374b
Do.	211	IV (part)		61	⁵⁵ 306	28	530

	Statutes at Large				U. S. Code
Date	Chapter	Section	Volume	Page	Title	Section
1947—July 11	224		61	310	28	184
July 23	300	1, 2	61	409	28	374c, 374d
Aug. 1	446	1	61	722	28	931

United States Code

Title	Section
17	101(f)
17	102
17	103
17	110
17	111

⁵¹ᵃ Third proviso in the paragraph commencing “Fees of witnesses” appearing on this page.

⁵² First proviso in the paragraph headed “United States Customs Court” appearing on this page.

⁵³ Only the following words in the sixth full paragraph appearing on this page: “$5 per day, not exceeding three days for any one term of court”.

⁵⁴ The two provisos in the paragraph commencing near the bottom of page 304 and ending on page 305.

⁵⁵ All of the second paragraph appearing on this page.

Approved June 25, 1948, 12:25 p. m., E. D. T.