Page:United States Statutes at Large Volume 60 Part 1.djvu/351

 PUBLIC LAWS-CH. 512-JUNE 28,1946 (b) Such section 1 is further amended by inserting after paragraph (7) the following new paragraph: "Conference." "(7a) 'Conference' shall mean the conference of senior circuit 28 .s. . 1218. judges provided for by section 2 of the Act of September 14, 1922 (42 Stat. 838) ;". (c) Such section 1 is further amended by inserting after paragraph (8) the following new paragraph: Sta. 1. "(8a) 'Council' shall mean the judicial council of the circuit pro- 28U.a.C.§W. vided for by section 306 of the United States Judicial Code;". (d) Such section 1 is further amended by inserting after paragraph (14) the following new paragraph: UDire. "(14a) 'Director' shall mean the Director of the Administrative su.. c. . 44- Office of the United States Courts appointed pursuant to chapter XV of the United States Judicial Code;'. 30 Stat. 55. SEC. 2 . Section 34 of such Act, as amended, is amended to read as 11 U. .C2. . follows: B eferees. "SEC. 34. APPOINTMENT, REAPPOINTMENT, AND REMOVAL OF REFEREES. - "a. APPOINTMENT. -The judges of the several courts of bankruptcy shall appoint referees. Where there is more than one judge of a court of bankruptcy, or where the territory to be served by a referee includes territory in more than one judicial district, the appointment, whether an original appointment or a reappointment, shall be by the concur- rence of a majority of all the judges of such court or of the courts of bankruptcy of such judicial districts, and where there is no such con- currence, then by the senior judge. Except as otherwise provided in Pod, pp . 32 ,331. section 37 of this Act, each appointment and reappointment shall be for a term of six years. "b. REMOVAL. -Removal of a referee during the term for which he is appointed shall be only for incompetency, misconduct, or neglect of Part-time reree. duty: Provided, however, That, in the case of a part-time referee, an additional cause for removal shall be that his services are not needed. Any cause for removal in respect of any referee coming to the knowl- edge of the Director shall be reported by him to the judge or judges of the judicial district or districts in which such referee serves, and a copy of such report shall at the same time be transmitted to the council and to the referee. Such judge or judges may, upon receipt of such report, or upon their own motion, remove the referee for any one or more of the above mentioned causes; where there is more than one judge, such removal shall be by a concurrence of a majority of the judges, and where there is no such concurrence, then by the council. Before any order of removal shall be entered, except in the case of a part-time referee where the cause for removal is that his services are not needed, a full specification of the charges shall be furnished to the referee, and he shall be accorded by the removing judge or judges an opportunity to be heard on the charges. 308 tat-, 3 SEC. 3. Section 35 of such Act, as amended, is amended to read as follows: "SEC. 35. QUALIFICATIONS OF REFEREES.-Individuals shall not be eligible to appointment as referees unless they are (1) competent to perform the duties of a referee in bankruptcy; (2) not holding any office of profit or emolument under the laws of the United States or of any State or subdivision thereof other than conciliation commissioner Part-Umereferees. or special master under this Act: Provided, however, That part-time referees may be commissioners of deeds, United States commissioners, justices of the peace, masters in chancery, notaries public, or either conciliation commissioners or supervising conciliation commissioners but not both; (3) at the time when originally appointed not relatives of any of the judges of the courts of bankruptcy or of the justices or judges of the appellate courts of the districts wherein they may be 324 [60 STAT.

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