A clerk of a court or any of his deputies shall not be appointed a commissioner, master, referee or receiver in any case, unless there are special reasons requiring such appointment which are recited in the order of appointment.
Based on title 28, U.S.C., 1940 ed., §§ 127,
304 (Mar. 3, 1911, ch. 231, §§ 68,
191,36 Stat. 1105, 1144).
Section consolidates section
127 with part of 304 of title 28, U.S.C., 1940 ed.
Provisions of section
304 of title
28, U.S.C., 1940 ed., relating to appointment, powers, duties, and compensation of the clerk of the Court of Customs and Patent Appeals, and table of fees are incorporated in sections
1926 of this title.
Appointment and compensation of masters for district courts, see Rule 53(a) of the Federal Rules of Civil Procedure.
The words “commissioner” and “referee” did not appear in section
127 of title
28, U.S.C., 1940 ed. They were added to subsection (a) to remove possible ambiguity.
Words “by the court or any judge thereof” in section
304 of title
28, U.S.C., 1940 ed., were omitted as surplusage.
Words “or assistant clerks” and “in any case” were added in subsection (b) to make the section applicable to that officer and consistent with the prohibition in this section against deputies of district court clerks.
1982—Pub. L. 97–164struck out designation “(a)” before “A clerk of a district court” and struck out subsec. (b) which had provided that the clerk or assistant clerk of the Court of Customs and Patent Appeals could not be appointed a commissioner, master, or referee in any case.
1978—Pub. L. 95–598directed the amendment of section by inserting “or bankruptcy court” after “district court”, which amendment did not become effective pursuant to section 402(b) ofPub. L. 95–598, as amended, set out as an Effective Date note preceding section
101 of Title
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–353effective July 10, 1984, see section 122(a) ofPub. L. 98–353, set out as an Effective Date note under section
151 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
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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