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L. 87-36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Mar. 29, 1949, should henceforth hold his office under this section, as amended by Pub. L. 87-36, § 2(d). Missouri. The additional judgeship for the eastern and western districts, which was authorized by act Dec. 24, 1942, ch. 827, 56 Stat. 1083, was made permanent by section 2 (a) (2) of act Feb. 10, 1954, which by section 2 (b) (10) of act Feb. 10, 1954 provided that the incumbent of the judgeship created by act Dec. 24, 1942, should henceforth hold his office under this section, as amended by act Feb. 10, 1954, § 2 (a) (3).

Nevada. Section 2 (b) (2) of act Feb. 10, 1954, provided: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of Nevada. The first vacancy occurring in the office of district judge in said district shall not be filled."

New Mexico.-Act Feb. 10, 1954, ch. 6, § 2(b)(1), 68 Stat. 10, which authorized the appointment of an additional judge for the district, was repealed by section 2(b) of Pub. L. 87-36, which made the judgeship permanent and also provided that the incumbent of the Judgeship created by act Feb. 10, 1954, should henceforth hold his office under this section, as amended by Pub. L. 87-36, § 2(d).

Ohio.-Act May 1, 1941, ch. 83, 55 Stat. 148, which provided for the appointment of an additional judge for the northern district was repealed by section 2 (e) of act Aug. 3, 1949, which also provided that the incumbent of the judgeship created by act May 1, 1941, should henceforth hold his office under this section, as amended by act Aug. 3, 1949, § 2 (a).

Section 2(e) (1), (2) of Pub. L. 87-36 provided that: "(1) The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the southern district of Ohio. The first vacancy occurring in the office of district judge in said district shall not be filled.

"(2) The President shall appoint, by and with the advice and consent of the Senate, one additional district Judge for the northern district of Ohio. The first vacany occurring in the office of district judge in said district shall not be filled."

Oklahoma.—Act May 24, 1940, ch. 209, § 2 (a), 54 Stat. 219, providing for additional judgeships was amended by section 2 (b) of act Aug. 3, 1949, to strike out "western district of Oklahoma", and to make the incumbent of the judgeship created by act May 24, 1940, henceforth hold his office under this section, as amended by act Aug. 3, 1949, § 2 (a).

Pennsylvania.-Act Feb. 10, 1954, ch. 6, § 2(b) (5), 68 Stat. 10, which authorized the appointment of an additional judge for the western district, was repealed by section 2(b) of Pub. L. 87-36, which made the judgeship permanent and also provided that the incumbent of the judgeship created by act Feb. 10, 1954, should henceforth hold his office under this section, as amended by Pub. L. 87-36, § 2(d).

Section 2 of act July 24, 1946, ch. 600, 60 Stat. 654, as amended by section 6 of act Feb. 10, 1954, ch. 6, 68 Stat. 14, provided:

"Sec. 2. The President is authorized to appoint, by and with the advice and consent of the Senate, one additional United States district judge, who shall be an additional district judge for the eastern, middle, and western districts of Pennsylvania. The judge so appointed shall at the time of his appointment be a resident and a citizen of the State of Pennsylvania: Provided, That when a vacancy occurs in said office it shall not be filled: Provided further, That unless the President shall submit a nomination to the Senate to fill the office hereby created within ninety days after the effective date of this Act [July 24, 1946], then in that event this Act shall be of no force and effect. If a vacancy arises in the office of district judge for the middle district of Pennsylvania while the judge appointed pursuant to this section is holding the office created by this section, such judge shall thereafter be a district judge for the middle district of Pennsylvania."

Section 2 (c) of act Aug. 3, 1949, which provided for an additional temporary judgeship for the western district of Pennsylvania was repealed by section 2 of act Aug. 29,

1950, which by section 1 of act Aug. 29, 1950, made the additional judgeship permanent. However, section 2 of act Aug. 29, 1950 also provided that the repeal in no way affected the tenure of the present incumbent.

South Dakota.-Pub. L. 85-310, provided: "The President is authorized to appoint, by and with the advice and consent of the Senate an additional district judge for the district of South Dakota as authorized by paragraph (3) of section 2 (b) of the act of February 10, 1954 [set out below]."

Section 2 (b) (3) of act February 10, 1954, as amended by Pub. L. 85-310, provided: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the district of South Dakota."

Tennessee. Section 2 (b) (4) of act Feb. 10, 1954, provided: "The President shall appoint, by and with the advice and consent of the Senate, one additional district judge for the middle district of Tennessee. The first vacancy occurring in the office of district judge in said district shall not be filled."

Texas. Act Aug. 3, 1949, ch. 387, § 2 (d), 63 Stat. 495, which authorized the appointment of an additional judge for the Southern district, was repealed by section 2 (b) (11) of act Feb. 10, 1954, which by section 2 (a) (2) of act Feb. 10, 1954, made the additional judgeship permanent. Section 2 (b) (11) of act Feb. 10, 1954 also provided that the incumbent of the judgeship created by section 2 (d) of act Aug. 3, 1949, should henceforth hold his office under this section, as amended by act Feb. 10, 1954, § 2 (a) (3). Utah.-Act Feb. 10, 1954, ch. 6, § 2(b)(6), 68 Stat. 11, which authorized the appointment of an additional judge for the district, was repealed by section 2(b) of Pub. L. 87-36, which made the Judgeship permanent and also provided that the incumbent of the judgeship created by act Feb. 10, 1954, should henceforth hold his office under this section, as amended by Pub. L. 87-36, § 2(d). Washington.-Section 2(c) of Pub. L. 87-36 provided that: "The existing district judgeship for the eastern and western districts of Washington, heretofore provided for by section 133 of title 28 of the United States Code, shall hereafter be a district judgeship for the western district of Washington only, and the present incumbent of such Judgeship shall henceforth hold his office under section 133, as amended by this Act [Pub. L. 87–36]."

West Virginia.-The additional judgeship for the northern and southern districts, which was authorized by act June 22, 1936, ch. 695, 49 Stat. 1805, was made permanent by section 2 (a) (2) of act Feb. 10, 1954, which by section 2 (b) (12) of act Feb. 10, 1954, provided that the incumbent of the judgeship created by act June 22, 1936, should henceforth hold his office under this section, as amended by act Feb. 10, 1954, § 2 (a) (3).

CROSS REFERENCES

Guam and Virgin Islands, appointment and number of district judges, see sections 1424b and 1614 of Title 48, Territories and Insular Possessions.

Assignment of district judges to other districts or courts, see sections 292 et seq. of this title.

Judges to hold office during good behavior, see U. S. Const., Art. 3, § 1 and section 134 of this title. Oath of judge, see section 453 of this title.

§ 134. Tenure and residence of district judges.

(a) The district judges, except in Puerto Rico, shall hold office during good behavior. The district judges in Puerto Rico shall hold office for terms of eight years 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) One of the district judges for the Eastern District of Louisiana shall reside in East Baton Rouge Parish, Louisiana. 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 judges 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. (June 25, 1948, ch. 640, 62 Stat. 896; Aug. 3, 1949, ch. 387, § 2(b) (1)., 63 Stat. 495; Feb. 10, 1954, ch. 6, § 2(b) (13) (a), 68 Stat. 12; Mar. 18, 1959, Pub. L. 86-3, § 9(c), 73 Stat. 8; May 19, 1961, Pub. L. 87-36, § 2(e) (3), 75 Stat. 83.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 1 and section 863 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions (Apr. 12, 1900, ch. 191, § 34, 31 Stat. 84; Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1087; Jan. 7, 1913, ch. 6, 37 Stat. 648; July 30, 1914, ch. 216, 38 Stat. 580; Mar. 2, 1917, ch. 145, § 41, 39 Stat. 965; Mar. 4, 1921, ch. 161, § 1, 41 Stat. 1412; Sept. 14, 1922, ch. 306, § 1, 42 Stat. 837; Mar. 26, 1938, ch. 51, § 2, 52 Stat. 118).

Section consolidates the last paragraph of section 1 of title 28, U. S. C., 1940 ed., with portions of section 863 of title 48, U. S. C., 1940 ed., with changes in phraseology necessary to effect consolidation.

Provisions of section 1 of title 28, U. S. C., 1940 ed., relating to the number of Judges in the various districts are incorporated in section 133 of this title.

A portion of section 863 of title 48, U. S. C., 1940 ed., is retained in said title 48. For remainder of section 863, see Distribution Table.

The exception in subsection (b) "except in the District of Columbia" conforms with the recent decision in U. S. ex rel. Laughlin v. Eicher, 1944, 56 F. Supp. 972, holding that residence requirement of section 1 of title 28, U. S. C., 1940 ed., did not apply to district judges in the District of Columbia. (See reviser's note under section 44 of this title.)

The clause in said last paragraph of section 1 of title 28 providing that any district Judge, who violates the residence requirement, shall be deemed guilty of a high misdemeanor, was omitted. This penalty provision was attached to the residence requirement at the time of compilation of the Revised Statutes of 1878, although it is apparent that Congress only intended that the penalty should be invoked upon the unauthorized practice of law. See U. S. ex rel. Laughlin v. Eicher, supra, in which an outline of the history of said section 1 of title 28 is given.

RESIDENCE OF ADDITIONAL JUDGE FOR KANSAS Section 2 (b) (2) act Aug. 3, 1949, provided that: "The judge first appointed for the district of Kansas under the authority contained in subsection (a) [amendment of this section] shall reside at Wichita."

AMENDMENTS

1961-Subsec. (c). Pub. L. 87-36 required the residence of one of the district judges for the Eastern District of Louisiana to be in East Baton Rouge Parish, Louisiana. 1959 Subsec. (a). Pub. L. 86-3 eliminated provisions which limited district judges in Hawaii to a term of six years.

1954 Subsecs. (a) and (b) reenacted without change by act Feb. 10, 1954.

Subsec. (c). Act Feb. 10, 1954, substituted entirely new provisions giving the judicial council of the circuit the authority to determine residence of district judges when it is in the public interest and the nature of the business of the district court necessitates the presence of a judge at or near a particular place for holding court in the district or within a particular part of the district, for former provisions relating to residence of one of the district judges for the District of Kansas.

Subsecs. (d) and (e). Act Feb. 10, 1954, struck out subsecs. (d) and (e), which related to residence of one of the district judges for the Southern District of California, and one of the district judges for the Southern District of Texas.

1949 Subsecs. (c)-(e). Act Aug. 3, 1949 added subsecs. (c)-(e).

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-3 effective upon the admission of Hawaii into the Union, see note set out under section 133 of this title. Admission of Hawaii into the Union was accomplished Aug. 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48. Territories and Insular Possessions.

APPLICABILITY OF ORDERS UNDER 1954 AMENDMENT Section 2 (b) (13) (b) of act Feb. 10, 1954, provided: "Orders made by the judicial councils of the circuits under the second sentence of subsection (c) of section 134 of Title 28 [this section], 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 [February 10, 1954]."

CROSS REFERENCES

Guam district judges, tenure and residence, see section 1424b of Title 48, Territories and Insular Possessions.

Judges to hold office during good behavior, see U. S. Const., Art. 3, § 1.

Official station of district judges, see section 456 of this title.

Virgin Islands district judge, tenure, see section 1614 of Title 48, Territories and Insular Possessions.

§ 135. Salaries of district judges.

Each judge of a district court of the United States shall receive a salary of $30,000 a year.

The chief judge of the District Court for the District of Columbia shall receive a salary of $30,500 a year. (June 25, 1948, ch. 646, 62 Stat. 897; Mar. 2, 1955, ch. 9, § 1 (c), 69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426, title IV, § 403 (c), 78 Stat. 434.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 5, and District of Columbia Code, 1940 ed., § 11-302 (Mar. 3, 1911, ch. 231, § 2, 36 Stat. 1087; Feb. 25, 1919, ch. 29, § 1, 40 Stat. 1156; Dec. 13, 1926, ch. 6, 44 Stat. 919; May 17, 1932, ch. 190, 47 Stat. 158; July 31, 1946, ch. 704, § 1, 60 Stat. 716).

Section consolidates section 5 of title 28, U. S. C., 1940 ed., and section 11-302 of the District of Columbia Code, 1940 ed.

"Chief Judge," in the District of Columbia, was substituted for "Chief Justice" which appeared in section 11-302 of the District of Columbia Code. (See reviser's note under section 136 of this title.)

Words "to be paid in monthly installments" were omitted, since the time of payment is a matter of administrative convenience. See 20 Comp. Gen. 834.

The provision of section 5 of title 28, U. S. C., 1940 ed., for salaries of judges of the district court of Alaska was omitted as covered by section 101 of Title 48, U.S.C., 1940 ed., Territories and Insular Possessions, as amended by a separate section in the bill to enact this revised title. The provision of said section for salary of the Virgin Islands district Judge was omitted as covered by section 5a of title 28, U. S. C., 1940 ed., as amended by a separate section in the bill to enact this revised title. Such section 5a is recommended for transfer to title 48, U. S. C., 1940 ed., because of the dual nature of the Virgin Islands district court.

For salary of the district Judge of Canal Zone district court, see section 1348 of title 48, U. S. C., 1940 ed., Territories and Insular Possessions.

Changes were made in phraseology.

AMENDMENTS

1964-Pub. L. 88-426 increased the salary of the district court judges from $22,500 to $30,000, and that of the chief judge of the District Court for the District of Columbia from $23,000 to $30,500.

1955-Act Mar. 2, 1955, increased the salaries of the district court judges from $15,000 to $22,500 a year and increased the salary of the chief judge of the District Court for the District of Columbia from $15,500 to $23,000 a year.

EFFECTIVE Date of 1964 AMENDMENT Amendment of section by Pub. L. 88-426 effective on the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426, set out as a note under section 1113 of Title 5, Executive Departments and Government Officers and Employees.

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment to this section by act Mar. 2, 1955, effective Mar. 1, 1955, see note under section 31 of Title 2, The Congress. INCREASE OF SALARIES

Prior to June 25, 1948, salaries of district judges were increased as follows:

The salary of chief judge of District Court for the District of Columbia was increased from $10,500 to $15,500 a year, and the salaries of all other district court judges were increased from $10,000 to $15,000 a year by act July 31, 1946, ch. 704, § 1, 60 Stat. 716.

The salary of the chief judge of the District Court of the District of Columbia was increased from $7,500 to $10,500 a year, and the salaries of all other district court judges were increased from $7,500 to $10,000 a year by act Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919.

The salaries of district court judges were increased from $6,000 to $7,500 a year by act Feb. 25, 1919, ch. 29, § 1, 40 Stat. 1156.

Salaries of district court judges had been set at $6,000 a year by the Judicial Code of 1911, act Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1087.

Salaries of the chief Justice and associate justices of the Supreme Court of the District of Columbia, the forerunner of the District Court for the District of Columbia, were set at $5,000 by act Mar. 3, 1901, ch. 854, § 1, 30 Stat. 1199, and increased to $7,500 a year by act Feb. 25, 1919, ch. 29, § 1, 40 Stat. 1156.

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§ 136. Chief judges; precedence of district judges.

(a) In each district having more than one judge the district judge in regular active service who is senior in commission and under seventy years of age shall be the chief judge of the district court. If all the district judges in regular active service are seventy years of age or older the youngest shall act as chief judge until a judge has been appointed and qualified who is under seventy years of age, but a judge may not act as chief judge until he has served as a district judge for one year.

(b) The chief judge shall have precedence and preside at any session which he attends.

Other district judges shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.

(c) A judge whose commission extends over more than one district shall be junior to all district judges except in the district in which he resided at the time he entered upon the duties of his office.

(d) If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as district judge, he may so certify to the Chief Justice of the United States, and thereafter the district judge in active service next in precedence and willing to serve shall be designated by the Chief Justice as the chief judge of the district court.

(e) If a chief judge is temporarily unable to perform his duties as such, they shall be performed by the district judge in active service, present in the district and able and qualified to act, who is next in precedence. (June 25, 1948, ch. 646, 62 Stat. 897; Oct. 31, 1951, ch. 655, § 37, 65 Stat. 723; Aug. 6, 1958, Pub. L. 85-593, § 2, 72 Stat. 497.

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 375 and District of Columbia Code, 1940 ed., § 11-301 (Mar. 3, 1901, ch. 854, §§ 60, 61, 31 Stat. 1199; Mar. 3, 1911, ch. 231, § 260, 36 Stat. 1161; Mar. 3, 1911, ch. 231, § 289, 32 Stat. 1167; Feb. 25, 1919, ch. 29, § 6, 40 Stat. 1157; Dec. 20, 1928, ch. 41, 45 Stat. 1056; Mar. 1, 1929, ch. 419, 45 Stat. 1422; June 19, 1930, ch. 537, 46 Stat. 785; May 31, 1938, ch. 290, 5, 52 Stat. 584).

Section consolidates portions of section 375 of title 28, U. S. C., 1940 ed., and section 11-301 of the District of Columbia Code, 1940 ed. The provisions of said section 375 relating to resignation and retirement of judges, and appointment of court officers, are incorporated in sections 294, 371, and 756 of this title. Other provisions of said section 11-301 of the District of Columbia Code are incorporated in section 133 of this title.

Subsection (a), providing for a "chief judge" is new. Such term replaces the terms "senior district judge," and "Chief Justice" of the District Court in the District of Columbia. It is employed in view of the great increase of administrative duties of such judge. The use of the term "chief Judge” with respect to the District of Columbia will result in uniform nomenclature for all district courts. The district judges of that court have expressed approval of such designation.

The provision in said section 11-301 of the District of Columbia Code, 1940 ed., that the "Chief Justice" shall be appointed by the President, by and with the advice and consent of the Senate, was omitted for the purpose of establishing a uniform method of creating the position of chief judge in all districts. The District of Columbia is expressly made a judicial district by section 88 of this title.

Subsection (b) is new and conforms with similar provisions respecting associate justices of the Supreme Court and circuit judges in sections 4 and 45 of this title.

Subsection (c) is from the proviso in the second paragraph of section 375 of title 28, U. S. C., 1940 ed., which applied only in cases of appointment of court officers. Here it is made applicable to all district judges.

Subsections (d) and (e) are new, and conform with section 44 of this title relating to precedence of circuit judges.

The official status of the Chief Justice of the District Court for the District of Columbia holding office at the effective date of this act is preserved by section 2 of the bill to enact revised title 28.

AMENDMENTS

1958-Subsec. (a). Pub. L. 85-593 provided that chief judges of district courts cease to serve as such upon reaching the age of seventy, that the youngest district judge act as chief judge where all district judges in regular active service are seventy years or older until a judge under seventy has been appointed and qualified, and that district judge must have served one year before acting as chief judge.

1951-Subsec. (a). Act Oct. 31, 1951, inserted "in active service who is".

Section 3 of Pub. L. 85-593 provided in part that the amendment to this section shall take effect at the expiration of one year from Aug. 6, 1958, except that the amendment made by this section shall not be effective with respect to any district having two judges in regular

active service so long as the district judge holding the position of chief judge of any such district on Aug. 6, 1958, continues to hold such position.

CHIEF JUSTICE AS CHIEF JUDGE

The Chief Justice of the District Court for the District of Columbia in office on Sept. 1, 1948, shall be renamed the chief judge under the provisions of section 2 (a) of act June 25, 1948.

§ 137. Division of business among district judges.

The business of a court having more than one judge shall be divided among the judges as provided by the rules and orders of the court.

The chief judge of the district court shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe.

If the district judges in any district are unable to agree upon the adoption of rules or orders for that purpose the judicial council of the circuit shall make the necessary orders. (June 25, 1948, ch. 646, 62 Stat. 897.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 27 (Mar. 3, 1911, ch. 231, § 23, 36 Stat. 1090).

Section was rewritten and the practice simplified. It provided for division of business and assignment of cases by agreement of judges and, in case of inability to agree, that the senior circuit judge of the circuit should make necessary orders.

The revised section is consistent with section 332 of this title, the last paragraph of which requires the judicial council to make all necessary orders for the effective and expeditious administration of the business of the courts within the circuit.

§ 138. Terms abolished.

The district court shall not hold formal terms. (June 25, 1948, ch. 646, 62 Stat. 897; Oct. 16, 1963, Pub. L. 88-139, § 1, 77 Stat. 248.)

LEGISLATIVE HISTORY

Reviser's Note.-This section was substituted for a number of special provisions fixing stated times for holding terms of court in the several districts, in order to vest in the courts wider discretion and promote greater efficiency in the administration of the business of such courts.

AMENDMENTS

1963-Pub. L. 88-139 substituted "The district court shall not hold formal terms" for "The times for holding regular terms of court at the places fixed by this chapter shall be determined by rule of the district court" in the text, and "Terms abolished" for "Times for holding regular terms" in the catchline.

CROSS REFERENCES

Virgin Islands district courts, times for holding sessions, see sections 1613 and 1615 of Title 48, Territories and Insular Possessions.

Courts always open, see section 452 of this title.

FEDERAL RULES OF CIVIL PROCEDURE

District courts always open, see Rule 77, Appendix to this title.

§ 139. Times for holding regular sessions.

The times for commencing regular sessions of the district court for transacting judicial business at the places fixed by this chapter shall be determined by the rules or orders of the court. Such rules or orders may provide that at one or more of such places the court shall be in continuous session for such purposes on all business days throughout the year. At other places a session of the court shall continue

for such purposes until terminated by order of final adjournment or by commencement of the next regular session at the same place. (June 25, 1948, ch. 646, 62 Stat. 897; Oct. 16, 1963, Pub. L. 88–139, § 1, 77 Stat. 248.)

LEGISLATIVE HISTORY

Reviser's Note.-The purpose of this section is to remove all doubt as to whether the mere beginning of a new term at one place ends a prior term begun at another place. As revised, it conforms to a uniform course of Judicial decisions. See U. S. v. Perlstein, 39 F. Supp. 965, 968 (D. C. N. J. 1941), and cases cited.

AMENDMENTS

1963--Pub. L. 88-139 substituted provisions requiring the times for commencing regular sessions of the district court to be determined by the rules or orders of the court, authorizing such rules or orders to provide that at one or more of the places fixed by this chapter, the court shall be in continuous session on all business days throughout the year, and that at other places, a session continues until terminated by order of final adjournment or by commencement of the next regular session at the same place, for provisions that a term continues until terminated by order of final adjournament or by commencement of the next term at the same place, in the text, and "Times for holding regular sessions" for "Term continued until terminated" in the catchline.

§ 140. Adjournment.

(a) Any district court may, by order made anywhere within its district, adjourn or, with the consent of the judicial council of the circuit, pretermit any regular session of court for insufficient business or other good cause.

(b) If the judge of a district court is unable to attend and unable to make an order of adjournment, the clerk may adjourn the court to the next regular session or to any earlier day which he may determine. (June 25, 1948, ch. 646, 62 Stat. 897; Oct. 16, 1963, Pub. L. 88-139, § 1, 77 Stat. 248.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., §§ 16, 146, 182 (Mar. 3, 1911, ch. 231, §§ 12, 73, 101, 36 Stat. 1088, 1108, 1122; June 12, 1916, ch. 143, 39 Stat. 225; Feb. 20, 1917, ch. 102, 39 Stat. 927; June 13, 1918, ch. 98, 40 Stat. 604; Feb. 26, 1919, ch. 54, 40 Stat. 1184; May 29, 1924, ch. 209, 43 Stat. 243; June 5, 1924, ch. 259, 43 Stat. 387; Jan. 10, 1925, chs. 68, 69, 43 Stat. 730, 731; Feb. 16, 1925, ch. 233, § 1, 43 Stat. 945; May 7, 1926, ch. 255, 44 Stat. 408; Apr. 21, 1928, ch. 395, 45 Stat. 440; Mar. 2, 1929, ch. 539, 45 Stat. 1518; June 28, 1930, ch. 714, 46 Stat. 829; May 13, 1936, ch. 386, 49 Stat. 1271; Aug. 12, 1937, ch. 595, 50 Stat. 625).

Section consolidates section 16 with the third sentence of section 146, and the final proviso in the third paragraph of section 182, all of title 28, U. S. C., 1940 ed.

Said section 16 of title 28 provided for adjournment by the marshal, or clerk, on written order of the judge, in case of inability of the district judge to attend at the commencement of any regular, adjourned or special term, or any time during such term. Said sections 146 and 182 thereof, related to the district courts of Colorado and Oklahoma, only, and contained special provisions for adjournment. Subsection (b) omits the requirement of written order where the judge is unable to make such order.

The revised section broadens these provisions, and vests discretionary power in the court, by order made anywhere within the district, to adjourn any term of court "for insufficient business or other good cause." To establish uniformity, the special provisions relating to Colorado and Oklahoma were omitted.

Other provisions of said sections 146 and 182 of title 28, U. S. C., 1940 ed., are incorporated in sections 85 and 116 of this title.

The provision of subsection (a) authorizing the district court, with the consent of the judicial council of the circuit, to pretermit any term of court for insuficient

1

business or other good cause, is inserted to obviate the expense and inconvenience of convening and adjourning a term for which no need exists.

AMENDMENTS

1963-Subsec. (a). Pub. L. 88-139 substituted "session" for "term."

Subsec. (b). Pub. L. 88-139 substituted "session" for "term."

§ 141. Special sessions; places; notice.

Special sessions of the district court may be held at such places in the district as the nature of the business may require, and upon such notice as the court orders.

Any business may be transacted at a special session which might be transacted at a regular session. (June 25, 1948, ch. 646, 62 Stat. 897; Oct. 16, 1963, Pub. L. 88-139, § 1, 77 Stat. 248.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 28, U. S. C., 1940 ed., § 15 (Mar. 3, 1911, ch. 231, § 11, 36 Stat. 1089).

Section was rewritten to include provision that notice of special terms should conform to rules approved by the Judicial council of the circuit, thus insuring a uniform practice among the courts for convening special terms. Changes of phraseology were made.

AMENDMENTS

1963-Pub. L. 88-139 substituted "sessions" for "terms" and "session" for "term" wherever appearing in both text and catchline, and deleted "pursuant to rules approved by the judicial council of the circuit" following "court orders" in the text.

CROSS REFERENCES

Virgin Islands district courts, times for holding sessions, see sections 1613 and 1615 of Title 48, Territories and Insular Possessions.

§ 142. Accommodations at places for holding court.

Court shall be held only at places where Federal quarters and accommodations are available, or suitable quarters and accommodations are furnished without cost to the United States. The foregoing restrictions shall not, however, preclude the Administrator of General Services, at the request of the Director of the Administrative Office of the United States Courts, from providing such court quarters and accommodations as the Administrator determines can appropriately be made available at places where regular terms of court are authorized by law to be held, but only if such court quarters and accommodations have been approved as necessary by the judicial council of the appropriate circuit. (June 25, 1948, ch. 646, 62 Stat. 898; Oct. 9, 1962, Pub. L. 87-764, 76 Stat. 762.)

LEGISLATIVE HISTORY

Reviser's Note.-This section is included to permit the omission of 17 special provisions prohibiting the holding of court at certain designated places unless suitable quarters and accommodations are provided without cost to the Government. (See sections 144, 147, 149, 150, 157, 166, 167, 172, 177, 178, 178a, 179, 181, 182, 186, 188, 194 of title 28 U. S. C., 1940 ed.)

AMENDMENTS

1962-Pub. L. 87-764 inserted sentence stating that the foregoing restrictions shall not preclude the Administrator of General Services, at the request of the Director of the Administrative Office, from providing such court quarters and accommodations as the Administrator determines can appropriately be made available at places where regular terms of court are authorized by law to be held, but only if such quarters and accommodations have been approved as necessary by the judicial council of the appropriate circuit.

QUARTERS AT AKRON, OHIO

Pub. L. 87-833, Oct. 15, 1962, 76 Stat. 959, provided: "That the limitations and restrictions contained in section 142 of title 28, United States Code, shall be waived with respect to the holding of court at Akron, Ohio, by the United States District Court for the Northern District of Ohio, Eastern Division."

QUARTERS AT Richland, WASHINGTON

Pub. L. 87-699, Sept. 25, 1962, 76 Stat. 598, provided: "That the limitations and restrictions contained in section 142, title 28, United States Code, shall be waived insofar as pertains to holding court by the United States District Court for the Eastern District of Washington, southern division, at Richland, Washington." QUARTERS AT FORT MYERS, SAINT PETERSBURG, FORT PIERCE, AND WEST PALM BEACH, FLORIDA

Pub. L. 87-562, § 4, July 30, 1962, 76 Stat. 248, provided that: "The limitations and restrictions contained in section 142, title 28, United States Code, shall be waived with respect to the holding of court at Fort Myers, and Saint Petersburg, Florida, by the United States District Court for the Middle District of Florida, and at Fort Pierce, and West Palm Beach, Florida, by the United States District Court for the Southern District of Florida."

QUARTERS At Marshall, TEXAS

Pub. L. 87-560, July 27, 1962, 76 Stat. 247, provided: "That the limitations and restrictions contained in section 142 of title 28, United States Code, shall be waived with respect to the holding of court at Marshall, Texas, by the United States District Court for the Eastern District of Texas."

QUARTERS AT Decatur, ALABAMA

Pub. L. 87-559, July 27, 1962, 76 Stat. 246, provided: "That the limitations and restrictions contained in section 142 of title 28 of the United States Code, shall be waived with respect to the holding of court at Decatur, Alabama, by the United States District Court for the Northern District of Alabama."

QUARTERS AT WINCHESTER, TENNESSEE

Pub. L. 87-553, July 27, 1962, 76 Stat. 222, provided: "That the limitations and restrictions contained in section 142, title 28, of the United States Code, shall be waived insofar as pertains to holding court by the United States District Court for the Eastern District of Tennessee at Winchester, Tennessee."

QUARTERS AT BRIDGEPORT, CONNECTICUT

Pub. L. 87-551, July 27, 1962, 76 Stat. 221, provided: "That the limitations and restrictions contained in section 142, title 28, United States Code, shall be waived with respect to the holding of court at Bridgeport, Connecticut, by the United States District Court for the District of Connecticut."

QUARTERS At Lafayette, LOUISIANA

Pub. L. 87-337, Oct. 3, 1961, 75 Stat. 750, provided "That the limitations and restrictions contained in section 142 of title 28, United States Code, shall be waived with respect to the holding of court at Lafayette, Louisiana, by the United States District Court for the Western District of Louisiana."

QUARTERS AT KALAMAZOO, MICHIGAN; FAYETTEVILLE, NORTH CAROLINA; AND DYERSBURG, TENNESSEE

Section 3(g) of Pub. L. 87-36, May 19, 1961, 75 Stat. 83, provided that: "The limitations and restrictions contained in section 142 of title 28, United States Code, shall be waived with respect to the holding of court at Kalamazoo, Michigan, by the United States District Court for the Western District of Michigan, at Fayetteville, North Carolina, by the United States District Court for the Eastern District of North Carolina, and at Dyersburg, Tennessee, by the United States District Court for the Western District of Tennessee."

QUARTERS AT DURANT, OKLAHOMA

Pub. L. 86-366, Sept. 22, 1959, 73 Stat. 647, provided: "That the limitations and restrictions contained in section 142, title 28, of the United States Code, shall be waived insofar as pertains to holding court by the

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