
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC459]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART I--ORGANIZATION OF COURTS
 
     CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
 
Sec. 459. Administration of oaths and acknowledgments

    Each justice or judge of the United States may administer oaths and 
affirmations and take acknowledgments.

(June 25, 1948, ch. 646, 62 Stat. 908.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Secs. 264, 385, section 1509 of 
title 19, U.S.C., 1940 ed., Customs Duties, and section 1114(a) of title 
26, U.S.C., 1940 ed., Internal Revenue Code (Mar. 3, 1911, ch. 231, 
Secs. 158, 268, 36 Stat. 1139, 1163; June 17, 1930, ch. 497, title IV, 
Sec. 509, 46 Stat. 733; Feb. 10, 1939, ch. 2, Sec. 1114(a), 53 Stat. 
160; Oct. 21, 1942, ch. 619, title V, Sec. 504(a), (c), 56 Stat. 957; 
Feb. 25, 1944, ch. 63, title V, Sec. 503, 58 Stat. 72).
    Section consolidates provisions of sections 264 and 385 of title 28, 
U.S.C., 1940 ed., section 1509 of title 19, U.S.C., 1940 ed., and 
section 1114(a) of title 26, U.S.C., 1940 ed., relating to 
administration of oaths and acknowledgments by judges and courts.
    The provision of section 385 of title 28, U.S.C., 1940 ed., giving 
to ``all courts of the United States'' power to impose and administer 
all necessary oaths is the only part of such section in this title. The 
remainder is incorporated in section 401 of revised title 18, U.S.C. 
(H.R. 1600, 80th Cong.), Crimes and Criminal Procedure.
    Section 264 of title 28, U.S.C., 1940 ed., related only to the Court 
of Claims and provision of such section relating to clerks and deputies 
is incorporated in section 953 of this title.
    Section 1509 of title 19, U.S.C., 1940 ed., related only to the 
Customs Court.
    Section 1114(a) of title 26, U.S.C., 1940 ed., related only to The 
Tax Court. That portion of such section authorizing certain employees of 
The Tax Court to administer oaths and acknowledgments is incorporated in 
section 953 of this title. For distribution of other provisions thereof, 
see Distribution Table.
    The revised section clarifies what was apparently a statutory 
omission in that no provision was made with reference to the Court of 
Customs and Patent Appeals, the judges of which now will have the same 
power respecting administering oaths as judges of other courts.


                        Senate Revision Amendment

    By Senate amendment, all provisions relating to the Tax Court were 
eliminated, therefore, as finally enacted, section 1114(a) of Title 26, 
U.S.C., Internal Revenue Code, did not constitute part of the source of 
this section. However, no change in the text of this section was 
necessary. See 80th Congress Senate Report No. 1559.

                  Section Referred to in Other Sections

    This section is referred to in section 460 of this title.
