Notes on 28 U.S.C. § 132 : US Code - Notes

Search Notes on 28 U.S.C. § 132 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 895; Pub. L. 88-176, Sec. 2, Nov.
13, 1963, 77 Stat. 331.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 1, and section 641 of
title 48, U.S.C., 1940 ed., Territories and Insular Possessions
(Apr. 30, 1900, ch. 339, Sec. 86, 31 Stat. 158; Mar. 3, 1909, ch.
269, Sec. 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, Sec. 1, 36 Stat.
1087; July 30, 1914, ch. 216, 38 Stat. 580; July 19, 1921, ch. 42,
Sec. 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec.
13, 1926, ch. 6, Sec. 1, 44 Stat. 19).
Section consolidates section 1 of title 28, U.S.C., 1940 ed., and
section 641 of title 48, U.S.C., 1940 ed., with changes in
phraseology necessary to effect the consolidation.
Subsection (c) is derived from section 641 of title 48, U.S.C.,
1940 ed., which applied only to the Territory of Hawaii. The
revised section, by extending it to all districts, merely
recognizes established practice.
Other portions of section 1 of title 28, U.S.C., 1940 ed., are
incorporated in sections 133 and 134 of this title. The remainder
of section 641 of title 48, U.S.C., 1940 ed., is incorporated in
sections 91 and 133 of this title.
AMENDMENTS
1963 - Subsec. (b). Pub. L. 88-176 inserted "regular" before
"active service".
CONTINUATION OF ORGANIZATION OF COURT
Section 2(b) of act June 25, 1948, provided in part that the
provisions of this title as set out in section 1 of act June 25,
1948, with respect to the organization of the court, shall be
construed as a continuation of existing law, and the tenure of the
judges, officers, and employees thereof and of the United States
attorneys and marshals and their deputies and assistants, in office
on Sept. 1, 1948, shall not be affected by its enactment, but each
of them shall continue to serve in the same capacity under the
appropriate provisions of this title pursuant to his prior
appointment.