§ 414. — Transmittal of books to successors.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC414]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 19--DISTRIBUTION OF REPORTS AND DIGESTS
Sec. 414. Transmittal of books to successors
All government publications and law books furnished to justices,
judges, clerks of courts, and United States attorneys of the United
States and its territories and possessions, and other officers of the
United States or an agency thereof shall be transmitted to their
successors in office. All permanent or bound books and publications
furnished under this chapter except those books furnished to the Library
of Congress for international exchange shall remain the property of the
United States and shall be marked plainly, ``The Property of the United
States''.
(June 25, 1948, ch. 646, 62 Stat. 906; Pub. L. 87-845, Sec. 7, Oct. 18,
1962, 76A Stat. 699.)
Historical and Revision Notes
Based on section 90 of title 5, U.S.C., 1940 ed., Executive
Departments and Government Officers and Employees, section 530 of title
28, U.S.C., 1940 ed., and section 92 of title 44, U.S.C., 1940 ed.,
Public Printing and Documents (Aug. 7, 1882, ch. 433, Sec. 1, 22 Stat.
336; Jan. 12, 1895, ch. 23, Sec. 74, 28 Stat. 620; June 20, 1936, ch.
630, Secs. 11, 12, 49 Stat. 1552, 1553; May 14, 1940, ch. 189, title IV,
54 Stat. 210; June 28, 1941, ch. 258, title IV, 55 Stat. 301; July 2,
1942, ch. 472, title IV, 56 Stat. 504; June 28, 1943, ch. 173, title II,
Sec. 201, 57 Stat. 243; June 26, 1944, ch. 277, Sec. 203, 58 Stat. 358;
May 21, 1945, ch. 129, title IV, 59 Stat. 200; July 5, 1946, ch. 541,
title IV, 60 Stat. 480).
Section consolidates section 90 of title 5, U.S.C., 1940 ed.,
providing that ``statutes'' shall be delivered to successors of United
States attorneys and clerks and provisions of section 530 of title 28,
U.S.C., 1940 ed., requiring that all lawbooks for judges and others
shall be marked as property of the United States and shall be
transmitted to their successors, with section 92 of title 44, U.S.C.,
1940 ed., relating to transmittal of ``Government publications.''
Words ``All Government publications and lawbooks'' and ``furnished
under this chapter'' were used to cover ``all statutes'' and ``The
Federal Reporter and continuations thereto.''
Words ``justices and judges of the United States'' were substituted
for ``United States judges'' in conformity with uniform use of the
phrase to describe all members of the Federal judiciary. Similar
provisions in sections 334 and 377 of title 28, U.S.C., 1940 ed., were
therefore omitted as covered by this revised section.
Other provisions of said section 530 of title 28, U.S.C., 1940 ed.,
were omitted. (See reviser's note under section 413 of this title.)
The words ``permanent or bound'' were inserted in the last sentence
of the revised section to obviate the wasteful practice under existing
law of marking temporary pamphlets.
Changes were made in phraseology.
Senate Revision Amendment
As finally enacted, part of act July 9, 1947, ch. 211, title IV, 61
Stat. 306, which was classified to Title 28, U.S.C., 1946 ed., Sec. 530,
became one of the sources of this section and was accordingly included
in the schedule of repeals by Senate amendment. See 80th Congress Senate
Report No. 1559.
Amendments
1962--Pub. L. 87-845 substituted ``furnished to justices, judges,
clerks of courts, and United States attorneys of the United States and
its territories and possessions, and other officers of the United States
or an agency thereof'' for ``furnished to justices and judges of the
United States and of the Territorial Courts, United States attorneys,
clerks of courts, and other officers of the United States''.
Effective Date of 1962 Amendment
Section 25 of Pub. L. 87-845 provided that: ``This Act [enacting
section 4210 of Title 18, Crimes and Criminal Procedure, and section 858
of Title 50, War and National Defense, and amending this section,
sections 547, 1404, and 1406 of this title, section 14 of Title 18,
section 1934 of Title 22, Foreign Relations and Intercourse, section 196
of Title 24, Hospitals and Asylums, and sections 191a and 191b of Title
50] takes effect January 2, 1963. Laws enacted after January 9, 1962,
that are inconsistent with this Act, supersede it to the extent of the
inconsistency.''
