Page:United States Statutes at Large Volume 60 Part 1.djvu/352

This page needs to be proofread.


60 STAT.] 79TH CONG. , 2D SESS.-CH. 512 -JUNE 28, 1946 appointed; (4) resident and have their offices within the judicial dis- trict of the court or one of the courts of bankruptcy under which they are to hold appointment: Provided, however, That where a referee shall be temporarily transferred or permanently appointed to another judicial district, residence or office in such other district shall not be requisite for eligibility; and (5) members in good standing at the bar of the district court of the United States in which they are first appointed or, if appointed to serve in territory within more than one judicial district, at the bar of one of such district courts: Provided, however, That the requirement of membership at such bar shall not apply to referees holding office on the date when this amendatory Act takes effect." SEC. 4 . Section 37 of such Act, as amended, is amended to read as follows: "SEC. 37. NUMBER AND TERRITORIES OF REFEREES. -a . The Director shall recommend to the district judges, the councils and the conference the number of referees to hold appointment and the territory which each shall serve, after he has made a careful study of conditions throughout the country as a whole, and of local conditions, including the estimated amount of funds available for salaries, the areas and the populations to be served, the transportation and communication facilities, the previous types and amount of business under this Act in such areas and where such business is centered, the existing person- nel, and any other material factors. The territory of a referee may, if it is deemed advisable, lie within more than one judicial district, but shall be within one circuit: Provided, however, That the jurisdic- tion of a referee in any matter referred to him shall not be restricted to the territory to be served by him but shall, unless otherwise pro- vided in this Act, be coextensive with the territorial jurisdiction of the court or courts of bankruptcy whose judges participated in appointing him. "b. (1) The Director shall, within one year immediately following the date of the enactment of this amendatory Act, make the initial surveys required by subdivision a of this section, and required for subdivisions a and c of section 40, paragraph (2) of section 633, and paragraph (3) of section 659 of this Act. Thereafter, the Director shall, from time to time, make such surveys, general or local, as the conference shall deem expedient. In the course of such surveys, the Director shall give consideration to suggestions from any interested parties, including district judges, referees, bar associations, trade asso- ciations, and the like. The surveys shall be made with a view toward creating and maintaining a system of full-time referees. However, should the Director find, as a result of any such surveys, any area in which the employment of a full-time referee would not be feasible because of the small amount of business under this Act and the extent of the territory to be served, he shall also report separately thereon, with a statement of all the pertinent facts and data and his recommen- dations and the reasons therefor. Upon the completion of the initial surveys, the Director shall report to the district judges, the councils and the conference concerning the number of referees, their respective territories, the amounts of their respective salaries, and the schedules of additional fees to be charged in asset, arrangement and wage-earner cases. The district judges shall advise their respective councils, and the councils shall advise the conference, in respect thereto, stating their recommendations and their reasons therefor. The conference shall determine, in the light of the recommendations of the Director and of the councils, the number of referees, full-time and part-time, to be appointed, the respective territories which they shall serve, includ- ing the regular place of office and the places at which courts shall be held, their respective salaries, and schedules of graduated additional 325 Transfer or appoint- ment to another dis- trict. 30 Stat. 555 . 11U. S.. 16. Post, p. 331. Jurisdiction of re- eree. Surveys. Poet, pp . 326, 327 331. Referees. Number to be ap. pointed,ete.