Page:United States Statutes at Large Volume 68 Part 1.djvu/44

 12 62 Stat. 896.



49 Stat. 1813.

62 Stat. 903.

I

PUBLIC LAW 294-FEB. 10, 1954

[68 S T A T.

(jg)(a) Section 134 of title 28 of the United States Code is amended to read as follows: "§ 134, Tenure and residence of district judges. " (a) The district judges, except in Hawaii and Puerto Rico, shall hold office during good behavior. The district judges in Hawaii and Puerto Rico shall hold office for terms of six and eight years, respectively, and until their successors are appointed and qualified. "(b) Each district judge, except in the District of Columbia, shall reside in the district or one of the districts for which he is appointed. "(c) If the public interest and the nature of the business of a district court require that a district judge should maintain his abode at or near a particular place for holding court in the district or within a particular part of the district the judicial council of the circuit may so declare and may make an appropriate order. If the district juclges of such a district are unable to agree as to which of them shall maintain his abode at or near the place or within the area specified in such an order the judicial council of the circuit may decide which of them shall do so." (b) Orders made by the judicial councils of the circuits under the second sentence of subsection (c) of section 134 of title 28, as amended by this section, determining that a specified district judge shall maintain his abode at or near a place or within an area which the council has theretofore designated for the abode of a district judge under the first sentence of such subsection, shall be applicable only to district judges appointed after the enactment of this Act. SEC. 3. (a) The first sentence of section 26 of the Organic Act of the Virgin Islands of the United States, as amended (48 U.S.C. 1405y), is amended to read as follows: "The President shall, by and with the advice and consent of the Senate, appoint a judge for the District Court of the Virgin Islands who shall hold office for the term of eight years and until his successor is chosen and qualified unless sooner removed by the President for cause, and a district attorney who shall hold office for the term of four years and until his successor is chosen and qualified unless sooner removed by the President for cause." (b) This section shall take effect upon its approval but shall not affect the term of any incumbent whose term has not yet expired. SEC. 4. (a) Sectious 371 and 372 of title 28, United States Code, are hereby amended to read as follows: "§ 371. Resignation or retirement for age. " (a) Any justice or judge of the United States appointed to hold office during good behavior who resigns after attaining the age of seventy years and after serving at least ten years continuously or otherwise shall, during the remainder of his lifetime, continue to receive the salary which he was receiving when he resigned. "(b) Any justice or judge of the United States appointed to hold office during good behavior may retain his office but retire from regular active service after attaining the age of seventy years and after serving at least ten years continuously or otherwise, or after attaining the age of sixty-five years and after serving at least fifteen years continuously or otherwise. He shall, during the remainder of his lifetime, continue to receive the salary of the office. The President shall appoint, by and with the adviceand consent of the Senate, a successor to a justice or judge who retires.

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