1966 Act DerivationU.S. CodeRevised Statutes andStatutes at Large 28 U.S.C. 551.[None]. In subsection (b), the words “may not” are substituted for “shall not”. 1948 ActPrior
section 551.—Based on title 28, U.S.C., 1940 ed., §§ 577, 578a (R.S. § 846;
May 28, 1896, ch. 252, §§ 6, 13, 24, 29 Stat. 179, 183, 186;
May 27, 1908, ch. 200, § 1, 35 Stat. 375;
June 6, 1930, ch. 409, 46 Stat. 522; Oct. 13, 1941, ch. 431, § 1, 55 Stat. 736). Section consolidates first sentence of
section 577 with
section 578a of title 28, U.S.C., 1940 ed., with changes of phraseology necessary to effect consolidation. Other provisions of said
section 577 are incorporated in
section 1929 of this title. The qualification that payments of witness fees or costs be made upon “order of court,” contained in said
section 577 of title 28, U.S.C., 1940 ed., was omitted as obsolete and suitable reference was made to
section 1825 and
1871 of this title under which payments are now made on certificates of attendance.
Section 578a of title 28, U.S.C., 1940 ed., is rewritten in simplified terms without change of substance. The proviso of such
section 578a, prohibiting the collection of fees from the United States, was omitted as covered by
section 2412 of this title, providing that the United States should be liable only for fees when such liability is expressly provided by Congress. The provision of
section 578a of title 28, U.S.C., 1940 ed., requiring that fees and emoluments collected by the marshal shall be deposited by him in accordance with the provisions of
section 495 of title 31, U.S.C., 1940 ed., Money and Finance, was omitted as said
section 495 governs such deposits without implementation in this section.