Based on title 28, U.S.C., 1940 ed., § 216, and District of Columbia Code, 1940 ed., § 11–205 (Feb. 9, 1893, ch. 74, § 6,27 Stat. 435; July 30, 1894, ch. 172, § 2,28 Stat. 161; Mar. 3, 1901, ch. 854, § 225,31 Stat. 1225; Mar. 3, 1911, ch. 231, § 120,36 Stat. 1132).
The provision in section 11–205 of the District of Columbia Code, 1940 ed., that a justice of the district court while on the bench of the Court of Appeals in the District of Columbia shall not sit in review of judgment, order, or decree rendered by him below, was consolidated with a similar provision of section
216 of title
28, U.S.C., 1940 ed. The consolidation simplifies the language without change of substance.
References in said section
11–205 to the power to prescribe rules, requisites of record on appeal, forms of bills of exception, and procedure on appeal, were omitted as covered by Rules 73, 75, 76, of the Federal Rules of Civil Procedure and by Rule 51 of the Federal Rules of Criminal Procedure.
11–205 contained a provision that on a divided opinion by the Court of Appeals for the District of Columbia the decision of the lower court should stand affirmed. This was omitted as unnecessary as merely expressing a well-established rule of law.
Other provisions of said section
11–205 are incorporated in section
48 of this title.
The provision of section
216 of title
28, U.S.C., 1940 ed., with respect to the competency of justices and judges to sit, was omitted as covered by section
43 of this title.
Specific reference in said section
216 to the Chief Justice of the United States was likewise omitted inasmuch as he sits as a circuit justice.
The provision of said section
216 with respect to assignment of district judges was omitted as covered by section
291 et seq. of this title.
Provision of said section
216 relating to presiding judge was omitted as covered by section
44 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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