Page:United States Statutes at Large Volume 44 Part 1.djvu/922

 § 372 TITLE 28.·—J’UDICIAL Fcurth. Ot all seizures under the laws of the°United States, on land or on waters not within sdmiraltymaud maritime jurisdiction; of all prizes brought into the United States.; and of all prhceedings for the Eondempstiou- of property takcgfas prize. Fifth. Of all cases arising under the patent·ri§ht; 0: copy- right laws of the United Ststes. l - » · Sixth. Of all matters and proceedingsiu cbankruptdy; me ~ Sevexith; Of. all ccutrevetsies of &_ClYH'l18tUI€,')Wh€f€ a_Stste is s putty, excejit between s·· State sud its citizens,. of between s State and citizens of other States, 0; gilieus. _ · __ - — Eighth. Oflall suits and préceedings against ambassadors, or other public miziisters, or their`d6mestics,‘ or domestic,} serv- {mts, or against consuls or vice cozisuls. (R. S. § 711; Mar. 3, 1911, c. 231, § 256; 36 Stat. 1160; Oct. 6, 1917, c.—,,97, 5 2, 40 Stst‘2;3l35; J1me,10, 1922,10. 216, § 2, 42- Stat.-635.) » 372,. {Judicial Cede; sécticix 257.) l Oath of Uxgited States judges.—Tl1e`just,ices of-the Supi·eme·Gpurt; the circuit ju/dges, and the district judges appointed, shall take the following bath hcfere they proceed to ][)€I‘£0I‘H1`tbv€ duties of théirrespective ehicesz “I, -—··¢——-— -—-—g·——·, do solemnljc swear ·(O1i. afurnd) that- I will administer justice vstithmtt respect to ipersons, and do equal right to the pobr sud tg the rich, sind that I will faithfully and impartially discharge aiid perform all the duties incumbent upon -me/as gg- accortling tq the best of my sbilities imd -un~derstandi11g, ngxeeably to the Constitution and lswsef the United States: So help me G0d." (R, SJ § 712; Mss. 3, 1911, c. 231, ~§ 257, 36 Stat. 1161.)    ·  373. (Judicial. Code, section 258.)` Practice of law by United States ’j1idges.—-Itslizxll het be lawful- for `any judge appointed under the éuthority of the United States to exercise the cpmiession cr employment of counsel or attorneyyor to` be engsged~ iii thespzscticp of the law. €An§ person offending against thB!D1fOhiblti0l1 of this section shall be deemed guilty cf s, high misdememépr. (R. S. § 713; Mer.- 3, 1911,`c¤ 231, §i 258, 36 Stat. 1161.), · s _ · ‘_ 1 Y  374, (Judicial, C6de,_, section 259.) ‘Tra.velfing expenses of circuit justices gud circuit" and district judges.-——¤Thc circuit W jixstices, the circuit and district judges of the United States, and the judges of the district courts of the United States in Alaska, Hawaii, and Herts Rico, shall. each be allowed end paid his necessary expenses ot travel, i1qd·hisWres.s0u&ble‘eX§ pcsses {uct to exceed $10 per day) ,actual1y incurred for rinsini tQI1$1—Hi‘0, ‘· consequent upbn his attending cougt or tmusacting other cmcisl business in pursuance bt. law at any place ·0tberI thsn his e@ciel place of residence, said expenses to  paid by, the marshal of, the district in which such _C£;l\ll’C is held or otheiz;1 bssiness transacted, lupcm the written ce:tlBcate ot the justice er judge. The ctiicisl place of residence of each cir- 1 cuit sud distgict judge, sf1d_0f‘esch judges! the district courts ef the United States in s¤1séka,,Hswa.ii, dud Porto Bice, shall ‘ circuit court of sppeals or s distxjict court is rcgulatlyv held. _Eve1j3* such judge shgll, upciz his sppoiutxhsut, and from time te time thereafter whenever hc may change his , omcial resilience, in F•’!TlIll1gi sctify the Depsrtmént of Jnistice of his efécisl piece of residence. (R, S. §§ 596, 597 i Mar. 3, 1881, c/133; -21 Stat. 454; Mer. 3, 1.891, scf 517, §. 8,,26 Stst, '82S; Bisr. 3, 1911, c. 231, 5 259, 36 Stat. 1161.) ~ ‘,  r· 375. ·(Jsdicial Code, section 260, extended.) Salary cf United Stages judges after resigmtien,-——·——Whe¤ ax1y_ji;1dge of any court ef, the United States, appointed tc held his omce dm·i1;1g··   behavior,. resigns his 0&ce after having held a comsgaissimi er commissions as judge ct any such count er courts at least tex; years comimzeusly, and having attained the ssclofl cscvemy yesrs, he shall, during the l"€t51d1léJ ehhis natural lite receive tiaesslsry which is psyshle st the time or his resignsticm fer the (mice t_lmt;.1ae_ held et the _ times; his resigustluh. Btxt, iustcsd of resigning, siiy judge other than sl jhsticeci _, , the
 * he at that place nearest his actual residence sfejhich either sl

conn Azvn gvnzozamt f 908 Supreme Godrt, whoils qualitled to resign under the foregoing; provisions, may retire, upon the salary of which hols their in receipt, from regular active service on the mech, and éthe Presidentehall thereupon be authorized to appoint h eueeeeeoe. but a judge so retiring may nevertheless be called upon °by.t1&e senior circuit judge of .that_ circuit and be by him authorize] to perform such judicial duties in such circuit "aa oooh retired judge may be willing to undertake, orghe may be called new °~by the Chiet Justice and be by him authorized to pertorznsueh judicial duties in any other clrcult‘as‘ such. retired jndge may he willing to undertake, or he may- be called upon either by the ” presiding. judge or senior judge of any other such court and he .by him authorized to perform such judicial duties ineueh court as such retired jud§`e maybe willldg to undertake. c‘c ’, _ In the event any circuit judge, or district judge, hael/Q, so held a commission, or commissions at least ten years eentinuously, and`having attained the gage of seventjfyears as .s·# atom. said, shall nevertheless remain in omee, and not rmign or retire asaforesald, the President, if he finds any such judge is unable to discharge eiilolently nllfthe duties of his .o$ee by reason of mental. or` physical disability of permanent character, may, >Wl‘l.€ll‘ neceésary for" the eihcient dispatch of business, appoint., ·by and with the advice and consent of the aéuace an additional ,circuit judge ot, the circuit or district judge of the district fe: S which such disabled judge belongs. And the judge ao retiring voluntarily, or whose mental or pliysieal condition caused the President to appoint an additional judge, shall be heldand treated as_.if junior in commission to theeremaining judges of said court, who shall, in the order; of the seniority of their respective commissions, éxérclse such jiowers and perfomraueh dutiesil as by law may be incident to seniority. In districts where there may be lnore than one district judge, lt the judges or a majority of them can not agree orion the`a.ppointmeat of iuliciala of the oourt; to be appointed by auch judges, then the senior judgershall have the power to make such appointments., ·Upon the death, resignation, or retire'ment_of anyclreuitl or J district judge, ho entitled to resign, following the appointment of any additional more as provided in this section, the vacancy. cauaed by. such death, resignation, or retlrernentpht the said judge soventitledto resign éhalfnot bedlled. (R. S. 5 714: Feb. ,15, 1909,vc. 127, 35 Stat. 619; Mar. 3, 1911, c. 231,_§ 269, 39 Stat. . 1181;_Feb’. 25, 1919, c..29,§ 6, 40 Stat; 1157.) fa " ’ ° 376. (Judicial Code, - section 261.) Writh of ne neat.-- ~- Write lot ne exeat wma? be granted by any justice ot_ the {Snpreme Court, ln cases where` they might, he granted by me Supreihe Court; and by {any délstrlot judge, in cases where they . might be#granted by the district court of whieh _ he is a jndge. . But no writ of ne exeatahall be granted unless a suit in equity is commenced, and aatlaloetory proof is made tof the eonrt or . ' judge granting the game that the defendant designs qnielzlyb to depart from the United States. (R. S; 5 T1? ; Mar. 3, 1911, e. 231, § 261, 36. Stat. 1162.) . » ,   v   . f 37]. (Judicial Code; section .262.) Power to issue write".-- The Sutireme Court and the district courts s h`al1—hare power to issue wrlts ot eclre facias. The Supreme Court, the eitonit ` courts Rot appeals, and the district éourtagahall have power to laeue all {write not `. specldeally provided for by statute, which may be neeeasary for the exercise of- their respective jarisdicy _ tions, and agreeable to the usages and principles of law. TR. sg § 716; Mar. 3, 1911, "o. @1, § 2dé, 36 Stat. 1162.) » _ v -378. (Judidal Code, section 264.) Injungtions; “ when granted.-···éWrlta of injunction may he granted by any justice. of the Supreme Court in caeea where they ngight-v be granted;, `  by the Sunrexne Court; and by any judge ora dlétriet ieonrt _ ln, cases wvhere they might {be granted by auch court. But no ·justice" of the Supreme Court shall. hear neg- allow any ap! _ plication for an injunction pie restraining order ni any canoe pending in the circuit to vvhlch he is allotted, elsewhere.-than