Page:United States Statutes at Large Volume 46 Part 1.djvu/781

 738 ADMINISTRATIVE PR O- v1sIONS. Designation of one or three judges for outside hearings. Ex pense s away from New York. Di visio ns of three judges each, for hearing appeals, e tc. Rehearings of deci- sions. Pay restriction not applicable. R.S.sec. 1790, p.317. U.S. C., p. 729 . Retirement. Salary. Act ive s ervice au- thorized. Transfer to Attorney General of present re- cords, etc. Sal aries, tran sferre d to Department of Jus- tice. SEVENTY-FIRST CONGRESS. SEss. II. Cg. 497. 1930 . j ma king all recommendations for appointment, promotions, or other- wise affecting such clerical force ; he may at any time before trial, under the rules of the court, assign or reassign any case for hearing or determination, or both, and shall designate a judge or division of three judges and such clerical assistants as may be necessary to pro- ceed to any port within the jurisdiction of the United States for the purpose of hearing or of hearing and determining cases assigned for hearing at such port, and shall cause to be prepared and promul- ga ted dockets therefor. Judges of the court, stenographic clerks, and Government counsel shall each be allowed and paid his neces- sary expenses of travel and his reasonable expenses, not to exceed $1 0 per day in the case of the judges of the court and Government counsel, and $8 per day in the case of stenographic clerks, actually incurred for maintenance while absent from New York on o ffic ial business. The judges of said court shall be divided into three divi- sions of three judges each for the purpose of hearing and deciding appeals for the review of reappraisements of merchandise, and of hearing and deciding protests against decisions of collectors. A division of three judges or a single judge shall have power to order an analysis of imported merchandise and reports thereon by labora- tories or bureaus of the United States. The presiding judge shall assign three judges to each of said divisions and shall designate one of such three judges to preside. The presiding judge of the court shall be competent to sit as a judge of any division or to assign one or two other judges to any of such divisions in the absence or dis- ability of any one or two judges of such division. A majority of the judges of any division shall have full power to hear and decide all cases and questions arising therein or assigned thereto. A divi- sion of the court deciding a case or a single judge deciding an appeal for a reappraisement may, upon the motion of either party made within thirty days ne xt after such decision, grant a rehearing or retrial of such case when in the opinion of such division or single udge the ends of justice so require. The judges of the United States Customs Court are hereby exempted from so much of section 1790 of the Revised Statutes as relates to their salaries. When any judge of the United States Customs Court resigns his office after having h eld a commission as judge or justice of such court or member of the Board of General Appraisers at least ten y ears co ntin uou sly, or oth erw ise, and ha ving at tain ed the age of se venty years, he shall, during the residue of his natural life, rece ive the salary which is payable to a judge of such court at the time of his resignation. Any such judge, who is qualified to resign under the foregoing provisi ons, may retire, upon the salary of which he is then in receipt, from regular active service as a judge of such court and upon such retirement the President may appoint a suc- c e ss o r ; but such retired judge may, with his consent, be assigned by the presiding judg e of such court to serve upon such court and while so serving shall have all the powers of a judge of such court. All funct ions o f the Secr etary of th e Trea sury with respec t to the appointment and fixing of the compensation of the clerks and other employees of the United States Customs Court, and with respect to the official records, papers, office equipment, and other property of such court, are hereby transferred to the Attorney General. All unexpended amounts al lotted from any appropriation for collecting the revenue from cust oms, available for expenditure by the Secre- tary of the Treasury for the payment of the salaries of the judges of the United States Customs Court, including judges retired under the provisions of section 518 of the Tariff Act of 1922, and for the expenses of operation of the United States Customs Court, are

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