Page:United States Statutes at Large Volume 62 Part 1.djvu/901

 62 STAT.] 80TH GONG., 2D SESS.-CH. 646-JUNE 25, 1948 871 designated or assigned shall also be competent to sit as judges of the court. § 44. Appointment, tenure, residence and salary of circuit judges (a) The President shall appoint, by and with the advice and consent of the Senate, circuit judges for the several circuits as follows: Circuits Number of Judges District of Columbia- Six First--. Three Second--- -- -- _ -     ---  --_ _ Six Third. Six Fourth- . - Three Fifth--- - - -- _   -- Six Sixth -- Six Seventh Five Eighth- Seven Ninth-- --- -- __ --- Seven Tenth__ --- Four (b) Circuit judges shall hold office during good behavior. c) Except in the District of Columbia, each circuit judge shall be a resident of the circuit for which appointed at the time of his appointment and thereafter while in active service. (d) Each circuit judge shall receive a salary of $17,500 a year. § 45. Chief judges; precedence of judges (a) The circuit judge senior in commission shall be the chief judge of the circuit. (b) The chief judge shall have precedence and preside at any session of the court which he attends. Other circuit judges shall have precedence and preside according to the seniority of their com- missions. Judges whose commissions bear the same date shall have precedence according to seniority in age. The circuit justice, however, shall have precedence over all the circuit judges and shall preside at any session which he attends. (c) If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as circuit judge, he may so certify to the Chief Justice of the United States, and thereafter the circuit judge in active service next in precedence and willing to serve shall be designated by the Chief Justice as the chief judge of the circuit. (d) If a chief judge is temporarily unable to perform his duties as such, they shall be performed by the circuit judge in active service, present in the circuit and able and qualified to act, who is next in precedence. § 46. Assignment of judges; divisions; hearings; quorum (a) Circuit judges shall sit on the court and its divisions in such order and at such times as the court directs. (b) In each circuit the court may authorize the hearing and determi- nation of cases and controversies by separate divisions, each consisting of three judges. Such divisions shall sit at the times and places and hear the cases and controversies assigned as the court directs. (c) Cases and controversies shall be heard and determined by a court or division of not more than three judges, unless a hearing or rehearing before the court in bane is ordered by a majority of the circuit judges of the circuit who are in active service. A court in bane shall consist of all active circuit judges of the circuit. (d) A majority of the number of judges authorized to constitute

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