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28 USC CHAPTER 55 - COURT OF INTERNATIONAL TRADE 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 55 - COURT OF INTERNATIONAL TRADE

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CHAPTER 55 - COURT OF INTERNATIONAL TRADE

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Sec.

871. Clerk, chief deputy clerk, assistant clerk, deputies,

assistants, and other employees.

872. Criers, bailiffs, and messengers.

AMENDMENTS

1986 - Pub. L. 99-466, Sec. 3(b)(3), Oct. 14, 1986, 100 Stat.

1191, struck out item 872 "Marshal and deputy marshals" and

redesignated item 873 as 872.

1980 - Pub. L. 96-417, title V, Sec. 501(16), Oct. 10, 1980, 94

Stat. 1742, substituted in chapter heading "COURT OF INTERNATIONAL

TRADE" for "CUSTOMS COURT".

1959 - Pub. L. 86-243, Sec. 1, Sept. 9, 1959, 73 Stat. 474,

included chief deputy clerk and assistant clerk in item 871,

substituted "Marshal and deputy marshals" for "Marshal;

appointment" in item 872, and added item 873.

1949 - Act May 24, 1949, ch. 139, Sec. 77, 63 Stat. 101, inserted

"; appointment" in item 872.

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28 USC Sec. 871 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 55 - COURT OF INTERNATIONAL TRADE

-HEAD-

Sec. 871. Clerk, chief deputy clerk, assistant clerk, deputies,

assistants, and other employees

-STATUTE-

The Court of International Trade may appoint a clerk, a chief

deputy clerk, an assistant clerk, deputy clerks, and such deputies,

assistants, and other employees as may be necessary for the

effective dispatch of the business of the court, who shall be

subject to removal by the court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 925; Pub. L. 86-243, Sec. 1,

Sept. 9, 1959, 73 Stat. 474; Pub. L. 96-417, title V, Sec. 501(17),

Oct. 10, 1980, 94 Stat. 1742.)

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HISTORICAL AND REVISION NOTES

Based on section 6 of title 19, U.S.C., 1940 ed., Customs Duties

(May 4, 1923, ch. 251, Sec. 2, 42 Stat. 1453; Jan. 13, 1925, ch.

76, 43 Stat. 748; May 28, 1926, ch. 411, Sec. 1, 44 Stat. 669; June

17, 1930, ch. 497, title IV, Secs. 518, 649, 46 Stat. 737, 762).

Section is based on the last two sentences of section 6 of title

19, U.S.C., 1940 ed., which provided for appointment by the

Attorney General in conformity with the civil service laws. This

and other administrative powers of the Department of Justice with

respect to the courts were transferred to the Administrative Office

of the United States Courts by section 446 of title 28, U.S.C.,

1940 ed., which is section 604 of this title. The revised section

vests the power of appointment in the chief judge to conform with

section 253 of this title and rules 5 and 22 of the Rules of the

Customs Court adopted May 29, 1936.

Changes were made in phraseology.

AMENDMENTS

1980 - Pub. L. 96-417 redesignated the Customs Court as the Court

of International Trade.

1959 - Pub. L. 86-243 included chief deputy clerk and assistant

clerk in section catchline, transferred the appointing authority

from the chief judge to the Customs Court, provided for appointment

of a chief deputy clerk, an assistant clerk and deputy clerks and

for power of removal and deleted reference to the civil service

laws with respect to appointments.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

SAVINGS PROVISION

Section 4 of Pub. L. 86-243 provided that: "Nothing contained in

the amendments made by this Act [enacting section 873 and amending

this section and sections 253, 550, and 872 of this title] shall be

construed to deprive any person serving on the date of enactment of

this Act [Sept. 9, 1959] as an officer or employee of the Customs

Court of any rights, privileges, or civil service status, if any,

to which such person is entitled under the laws of the United

States or regulations thereunder."

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28 USC Sec. 872 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 55 - COURT OF INTERNATIONAL TRADE

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Sec. 872. Criers, bailiffs, and messengers

-STATUTE-

The Court of International Trade may appoint such criers as it

may require for said court, which criers shall also perform the

duties of bailiffs and messengers and such other duties as the

court directs and shall be subject to removal by the court.

-SOURCE-

(Added Pub. L. 86-243, Sec. 1, Sept. 9, 1959, 73 Stat. 474, Sec.

873; amended Pub. L. 96-417, title V, Sec. 501(19), Oct. 10, 1980,

94 Stat. 1742; renumbered Sec. 872, Pub. L. 99-466, Sec. 3(b)(2),

Oct. 14, 1986, 100 Stat. 1191.)

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PRIOR PROVISIONS

A prior section 872, acts June 25, 1948, ch. 646, 62 Stat. 925;

May 24, 1949, ch. 139, Sec. 78, 63 Stat. 101; Sept. 9, 1959, Pub.

L. 86-243, Sec. 1, 73 Stat. 474; Oct. 10, 1980, Pub. L. 96-417,

title V, Sec. 501(18), 94 Stat. 1742, related to a marshal and

deputy marshals, prior to repeal by Pub. L. 99-466, Secs. 3(b)(1),

4, Oct. 14, 1986, 100 Stat. 1191, effective 60 days after Oct. 14,

1986.

AMENDMENTS

1986 - Pub. L. 99-466 renumbered section 873 of this title as

this section.

1980 - Pub. L. 96-417 redesignated the Customs Court as the Court

of International Trade.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

SAVINGS PROVISION

Enactment of section by Pub. L. 86-243 not to deprive Customs

Court officers or employees of any rights, privileges, or civil

service status, see section 4 of Pub. L. 86-243, set out as a note

under section 871 of this title.

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28 USC Sec. 873 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 55 - COURT OF INTERNATIONAL TRADE

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[Sec. 873. Renumbered Sec. 872]

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