When was 28 usc 1738 enacted




















Such order, subject to intervening rights of third persons, shall have the same effect as the original record. Sections , , and of title 28 , U.

Section of title 28 , U. If the copy so filed discloses the date and amount of a judgment or decree and the names of the parties thereto, the court may enforce the judgment or decree as though the original record had not been lost or destroyed.

A provision of section of title 28 , U. Words "And in all cases where any of the files, papers, or records of any court of the United States have been or shall be lost or destroyed, the files, records and papers which, pursuant to law, may have been or may be restored or supplied in place of such records, files, and papers, shall have the same force and effect, to all intents and purposes, as the originals thereof would have been entitled to," at the end of section of title 28 , U.

Words "or agency of the United States" were substituted for "of the Government" so as to eliminate any possible ambiguity as to the scope of this section. See definitive section of this title. The phrase "so far as the judges of such courts respectively shall deem it essential to the interests of the United States that such records and files be restored or supplied," was omitted as unnecessary.

Extracts from the Journals of the Senate and the House of Representatives, and from the Executive Journal of the Senate when the injunction of secrecy is removed, certified by the Secretary of the Senate or the Clerk of the House of Representatives shall be received in evidence with the same effect as the originals would have. Any person to whose custody the bond of any officer of the United States has been committed shall, on proper request and payment of the fee allowed by any Act of Congress, furnish certified copies thereof, which shall be prima facie evidence in any court of the execution, filing and contents of the bond.

Sections , , , and of title 28 , U. They related to the bonds of particular officers, namely the Clerk of the Supreme Court, the United States marshals, and the clerks of the district courts. The revised section eliminates all inconsistent provisions of such sections.

The other provisions of sections , , , and of title 28 , U. The Acts of the legislature of any State, Territory, or Possession of the United States, or copies thereof, shall be authenticated by affixing the seal of such State, Territory or Possession thereto. The records and judicial proceedings of any court of any such State, Territory or Possession, or copies thereof, shall be proved or admitted in other courts within the United States and its Territories and Possessions by the attestation of the clerk and seal of the court annexed, if a seal exists, together with a certificate of a judge of the court that the said attestation is in proper form.

Such Acts, records and judicial proceedings or copies thereof, so authenticated, shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.

Words "Possession of the United States" were substituted for "of any country subject to the jurisdiction of the United States".

Words "or copies thereof" were added in three places. Copies have always been used to prove statutes and judicial proceedings under section of title 28 , U. The added words will cover expressly such use. Words "and its Territories and Possessions" were added in two places so as to make this section and section of this title uniform, the basic section of the latter having provided that nonjudicial records or books of any State, Territory, or "country subject to the jurisdiction of the United States" should be admitted in any court or office in any other State, Territory, or "such country.

Words "a judge of the court" were substituted for "the judge, chief justice or presiding magistrate" without change of substance. At the beginning of the last paragraph, words "Such Acts" were substituted for "And the said". This follows the language of Article IV, section 1 of the Constitution. Periods of temporary absence of any of such persons are counted as part of the six-month or other period;. A such State i is the home State of the child on the date of the commencement of the proceeding, or ii had been the child's home State within six months before the date of the commencement of the proceeding and the child is absent from such State because of his removal or retention by a contestant or for other reasons, and a contestant continues to live in such State;.

B i it appears that no other State would have jurisdiction under subparagraph A , and ii it is in the best interest of the child that a court of such State assume jurisdiction because I the child and his parents, or the child and at least one contestant, have a significant connection with such State other than mere physical presence in such State, and II there is available in such State substantial evidence concerning the child's present or future care, protection, training, and personal relationships;.

Tribal Agencies. Working With. Fact Sheets. Employers Expand. Employer Responsibilities. Child Support Portal. Partners Expand. Financial Institutions. Insurance Companies. Federal Partners. Community-Based Partners. Grants Expand. Please help us improve our site! No thank you. LII U. Code Notes State Regulations prev next. Duke, U. McCurry, U. Chemical Const. White Co. Brown, U. See also Gibson v.

Lyon, U. Palmer, U. See also Northern Assurance Co. Stock Yards Co.



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