Page:United States Statutes at Large Volume 45 Part 1.djvu/1474

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SEVENTIETH CONGRESS . SEss. II. Cus. 419, 420 . 1929 .

1423 "SEC . 260 . When any judge of any court of the United States Retired judges . Resigning after spec appointed to hold his office during good behavior, resigns his office ified years of service, to after havin g held a co mmissi on or commis sions as ju dge of any have pay continued . such court or courts at least ten years, continuously or otherwise, and having attained the age of seventy years, he shall, during the residue of his natural life, receive the salary which is payable at the time of his resignation for the office that he held at the time of his resignation . But, instead of resigning, any judge other than a Reti ring from acti ve service, a successor to justice of the Supreme Court, who is qualified to resign under the be appointed . foregoing provisions, may retire, upon the salary of which he is then in receipt, from regular active service on the bench, and the Voluntary service President shall thereupon be authorized to appoint a successor ; but him be assigned to a judge so ret iring may nev ertheless be called upon by the senior circuit judge of that circu it and be by him authorized to perform such judicial duties in suc h circuit as such retired j udge may be willing to undertake, or he may be called upon by the Chief Justice and be by him authorized to perform such judicial duties in any other circuit as such retired judge may be willing to undertake or he may be called upon either by the presiding judge or senior judge of any other such court and be by him authorized to perform such judicial duties in such court as such retired judge may be willing to undertake. "In the event any circuit judge, or district judge, having so held a Add it ion al ju dge may be appointed when commission or commissions at least ten years, continuously or other- incapacitated judgeen- wise, and having attained the age of seventy years as aforesaid,

en- titled to retire does not shall nevertheless remain in office, and not resign or retire as afore- said, the President, if he finds any such judge is unable to discharge efficie ntly al l the d uties of his office by rea son of mental or phy sical disability of permanent character, may, when necessary for the efficient dispatch of business, appoint, by and with the advice and consent of the Senate, an a dditional cir cuit judge of the circuit or district judge of the district to which such disabled judge belongs . Retiring or ineapaei- And the judge so retiring voluntarily, or whose mental or physical ~ t;u lo ata=0 mani ng condition caused the President to appoint an additional judge, shall j udges. b e held and treated as if junior in commission to the remaining judges of said court, who shall, in the order of the seniority of their respective commissions, exercise such powers and perform such Senior judge to ap ƒ duties as by law may be incident to seniority. In districts where point court officials in there may be more than one district judge, if the judges or a major- case of disagreement . ity of them can not agree upon the appointment of officials of the court, to be appointed by such judges, then the senior judge shall have the power to make such appointments . " Upon the death resignation, or retirement of any circuit or If additional judge be y

appointed, vacancy by district judge, so entitled to resign, following the appointment of death, etc., of retired, any additional judge as provided in this section, the vacancy caused not to be filled . by such death, resignation, or retirement of the said judge so entitled to resign shall not be filled ." Approved, March 1, 1929 . March 1, 1929. CHAP . 420.-An Act To amend section 4 of the Act of June 15, 1917 (For- [S.5181 .] tieth Statutes, page 224 ; section 241, title 22, United States Code) .

[Public, No . 871 .] Be it e nacted by the senate and Ho use of Repres entatives of the United States o f America in Congress assembled, That section 4 of National defen se, etc . Title VI of the Act of June 15, 1917, chapter 30, entitled "An Act ed Vol . 40p. 224, amend- to punish acts of interference with the foreign relations, the neu- U.S. Code, p. 659. tra lity, and the foreign comm erce of the Un ited States, to punish espionage, and better to enforce the criminal laws of the United •

Seizure of arms, etc., States, and for other purposes" (section 241, title 22, United States for export . Code), be, and it is hereby, amended to read as follows :