§ 953. — Administration of oaths and acknowledgments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC953]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 57--GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND
EMPLOYEES
Sec. 953. Administration of oaths and acknowledgments
Each clerk of court and his deputies may administer oaths and
affirmations and take acknowledgments.
(June 25, 1948, ch. 646, 62 Stat. 926.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 264, 523 and 525, section
1114(a) of title 26, U.S.C., 1940 ed., Internal Revenue Code, and
District of Columbia Code, 1940 ed., Sec. 11-402 (R.S. Sec. 799; May 28,
1896, ch. 252, Sec. 19, 29 Stat. 184; Mar. 2, 1901, ch. 814, 31 Stat.
956; Mar. 3, 1901, ch. 854, Sec. 178, 31 Stat. 1219; June 30, 1902, ch.
1329, 32 Stat. 527; Mar. 3, 1911, ch. 231, Secs. 158, 291, 36 Stat.
1139, 1167; 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).
This section consolidates a part of section 525, sections 264 and
523 of title 28, U.S.C., 1940 ed., part of section 1114(a) of title 26,
U.S.C., 1940 ed., section 11-402 of the District of Columbia Code, 1940
ed.,
As respects acknowledgments, sections 264, 523 and 525 of title 28,
U.S.C., 1940 ed., and section 11-402 of District of Columbia Code, 1940
ed., referred only to the Court of Claims and the District Court for the
District of Columbia. However, section 555 of said title 28, before
amendment in 1944, provided for the collection of a fee by district
court clerks for taking acknowledgments. The 1944 amendment provided for
the fixing of fees by the Judicial Conference of the United States. If
notaries and other minor officials may take acknowledgments there seems
to be no reason why clerks of Federal courts and their deputies should
not have such power.
Words ``Except as provided in section 591 of this title,'' in
section 525 of title 28, U.S.C., 1940 ed., were omitted. Under such
section 591, the provisions of such section 525 were inapplicable to the
Territory of Alaska, but a later act of June 6, 1900, ch. 786, Sec. 7,
31 Stat. 324, section 106 of title 48, U.S.C., 1940 ed., Territories and
Insular Possessions, provided that clerks of the District Court for
Alaska should perform the duties required or authorized to be performed
by clerks of United States courts in other districts.
Provisions of section 525 of title 28, U.S.C., 1940 ed., relating to
United States commissioners are incorporated in section 637 of this
title.
Provisions of section 264 of title 28, 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, are incorporated in section 459 of
this title. For distribution of other provisions of such section 1114(a)
of title 26, see Distribution Table.
Changes in phraseology were made.
Senate Revision Amendment
Those provisions of this section which related to the Tax Court were
eliminated by Senate amendment, therefore section 1114(a) of Title 26,
U.S.C., Internal Revenue Code, was not a part of the source of this
section upon final enactment. The Senate amendments also eliminated
section 1114(a) of the Internal Revenue Code from the schedule of
repeals. See 80th Congress Senate Report No. 1559.
