Laws: Cases and Codes : U.S. Code : Title 28 : Section 1733
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U.S. Code as of:
01/19/04
Section 1733 - Notes
SOURCE
(June 25, 1948, ch. 646, 62 Stat. 946; Pub. L. 93-595, Sec. 2(c),
Jan. 2, 1975, 88 Stat. 1949.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Secs. 661-667, 671 (R.S.
Secs. 882-886, 889; July 31, 1894, ch. 174, Secs. 17, 22, 28 Stat.
210; Mar. 2, 1895, ch. 177, Sec. 10, 28 Stat. 809; June 10, 1921,
ch. 18, Secs. 301, 302, 304, 310, 42 Stat. 23-25; May 10, 1934, ch.
277, Sec. 512, 48 Stat. 758; June 19, 1934, ch. 653, Sec. 6(a), 48
Stat. 1109).
The consolidation of sections 661-667 and 671 of title 28,
U.S.C., 1940 ed., permitted omission of obsolete, unnecessary and
repetitive provisions in such sections. For example, the provision
in section 665 of title 28, U.S.C., 1940 ed., authorizing the court
to require production of documents on a plea of non est factum, was
omitted. Such plea is obsolete in Federal practice.
Numerous provisions with respect to authentication were omitted
as covered by Rule 44 of the Federal Rules of Civil Procedure.
Likewise the provision that official seals shall be judicially
noticed was omitted as unnecessary. Seals of Federal agencies are
judicially noticed by States and Federal courts without statutory
mandate. Gardner v. Barney, 1867, 6 Wall. 499, 73 U.S.C. 499, 18
L.Ed. 890, 31 C.J.S. 599 n. 27-30 and 23 C.J.S. 99 n. 41. The same
principle unquestionably will apply to seals of Government
corporations.
Words "of any corporation all the stock of which is beneficially
owned by the United States, either directly or indirectly", in
section 661 of title 28, U.S.C., 1940 ed., were omitted as covered
by "or agency". The revised section was broadened to apply to "any
department or agency". (See reviser's note under section 1345 of
this title.)
Changes were made in phraseology.
REFERENCES IN TEXT
The Federal Rules of Evidence, referred to in subsec. (c), are
set out in the Appendix to this title.
AMENDMENTS
1975 - Subsec. (c). Pub. L. 93-595 added subsec. (c).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 31 section 704.
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