Page:United States Statutes at Large Volume 84 Part 1.djvu/335

This page needs to be proofread.

[84 STAT. 277]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 277]

84 STAT. ]

PUBLIC LAW 91-271-JUNE 2, 1970 SINGLE-JUDGE

277

TRIALS

SF.C. 106. Section 254 of title 28 of the United States Code is amended 62 Stat. 900. to read as follows: "§254. Single-judge trials "pjxcept as otherwise provided in section 255 of this title, the intra. judicial power of the Customs Court with respect to any action, suit or proceeding shall be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges." P U B L I C A T I O N OF DECISIONS

SEC. 107. Section 255 of title 28 of the United States Code is redesignated as section 257 and is amended to read as follows: "§ 257. Publication of decisions "All decisions of the Customs Court shall be preserved and open to inspection. The court shall forward copies of each decision to the Secretary of the Treasury or his designee and to the appropriate customs officer for the district in which the case arose. The Secretary shall publish weekly such decisions as he or the court may designate and abstracts of all other decisions." T H R E E - J U D G E TRIALS

SEC. 108. There shall be a new section 255 of title 28 of the United States Code as follows: ' § 255. Three-judge trials "(a) Upon application of any party to a civil action, or upon his own initiative, the chief judge of the Customs Court shall designate any three judges of the court to hear and determine any civil action which the chief judge finds: (1) raises an issue of the constitutionality of an Act of Congress, a proclamation of the President or an Executive order; or (2) has broad or significant implications in the administration or interpretation of the customs laws. "(b) A majority of the three judges designated may hear and determine the civil action and all questions pending therein." TRIALS AT PORTS OTHER T H A N N E W YORK

SEC. 109. There shall be a new section 256 of title 28 of the United States Code as follows: "§256. Trials at ports other than New York " (a) The chief judge may designate any judge or judges of the court to proceed, together with necessary assistants, to any port or to any place within the jurisdiction of the United States to preside at a trial or hearing at the port or place. " (b) Upon application of a party or upon his own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge may issue an order authorizing a judge of the court to preside in an evidentiary hearing in a foreign country whose laws do not prohibit such a hearing: Provided., however., That an interlocutory appeal may be taken from such an order pursuant to the provisions of section 1541(b) of this title, subject to the discretion of the Court of Customs and Patent Appeals as set forth in that section."

^"'^' P- 275.