Page:United States Statutes at Large Volume 50 Part 1.djvu/778

 75TH CONGRESS, 1ST SESSION-CH. 75 4-A UGU ST 24, 19 37 x25151'- 37-48 753 given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day. An appeal may be taken prD ir conrteal to Su. directly to the Supreme Court of the United States upon application therefor or notice thereof within thirty days after the entry of the order, decree, or judgment granting or denying, after notice and hear- ing, an interlocutory or permanent injunction in such case. In the event that an appeal is taken under this section, the record shall be made up and the case docketed in the Supreme Court of the United States within sixty days from the time such appeal is allowed, under such rules as may be prescribed by the proper courts. Appeals under Precedence over this section shall be heard by the Supreme Court of the United States other matters. a t the earliest possible time and shall take precedence over all other matters not of a like character. This section shall not be construed to be in derogation of any right of direct appeal to the Supreme Court of the United States under existing provisions of law. SEC. 4. Section 13 of the Judicial Code, as amended (U . S . C ., 1934 28U.S.C.§17. edition, title 28, sec . 17), is hereby amended to read as follows : "SEC . 13 . Whenever any district judge by reason of any disability or absence from his district or the accumulation or urgency of business is unable to perform speedily the work of his district, the senior circuit judge of that circuit, or, in his absence, the circuit justice thereof, shall designate and assign any district judge of any dist rict co urt wi thin th e same judici al circ uit to act as distri ct judg e in such district and to discharge all the judicial duties of a judge thereof for such time as the business of the said district court may re qu ir e . Whenever it is found impracticable to designate and assign another distr ict judge with in the same j udicial circui t as above provided and a certificate of the needs of any such district is presented by said senior circuit judge or said circuit justice to the Chief Justice of the United States, he, or in his absence the senior associate justice, shall designate and assign a district judge of an adjoining judicial circuit if practicable, or if not practicable, then of any judicial circuit, to perform the duties of district judge and hold a district court in any such district as above provided : Provided, however, That before any such designation or assignment is made the senior circuit judge of the circuit from which the designated or assigned judge is to be taken shall consent thereto. All designations official entries of as. and assignments made hereunder shall be filed in the office of the sig nme nts . clerk and entered on the minutes of both the court from and to which a judge is designated and assigned, as well as on the minutes of the Supreme Court of the United States, to the clerk of which both of su ch other cler ks shall immed iately report the fact and period of assignment ." SEC . 5 . As used in this Act, the term "court of the United States" Terms defined . means the courts of record of Alaska, Hawaii, and Puerto Rico, the United States Customs Court, the United States Court of Customs and Patent Appeals, the Court of Claims, any district court of the United States, any circuit court of appeals, and the Supreme Court of the United States ; the term "district court of the United States" includes the District Court of the United States for the Distr ict of Columb ia ; the term "circuit court of appeals" includes the United States Court of Appeals for the District of Columbia ; the term "circuit" includes the District of Columbia ; the term "senior circuit judge" includes the Chief Justice of the United States Court of Appeals for the District of Columbia ; and the term "judge" includes justice . Approved, August 24, 1937 . Assignment of an- other judge within cir . cuit, to a district dur- ing disability, etc . Assignment of dis- trict judges outside own d istrict s by C hief Justice. Proviso. Cons ent by senio r circuit judge.