Page:United States Statutes at Large Volume 65.djvu/758

This page needs to be proofread.


724

PUBLIC LAW 248—OCT. 31, 1951

[65 STAT.

tration of justice within such circuit. He shall preside at such conference, which shall be known as the Judicial Conference of the circuit. The judges of the District Court for the Territory of Alaska, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands shall also be summoned annually to the conferences of their respective circuits.". SEC. 39. Section 371 of Title 28, United States Code, is amended (1) by inserting the subsection designation " (a) " at the beginning of the first paragraph of the section; (2) by inserting the subsection designation " (b) " at the beginning of the second paragraph of the section; (3) by inserting the subsection designation " ( c p ' at the beginning of the fourth paragraph of the section; (4) by striking out, in the second paragraph of subsection (c) of such section (as herein so designated) the words "who retires or"; (5) by inserting, immediately after "precedence," in the second paragraph of subsection (c) of such section, the words "service as chief judge or temporary performance of the duties of that office,"; and (6) by inserting, immediately after "junior" in the second paragraph of subsection (c) of such section, the words "in commission", so that such section will read as follows: "§ 371. Resignation or retirement for age; substitute judge on failure to retire " (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. H e shall, during the remainder of his lifetime, continue to receive the salary of the office. "The President shall appoint, by and with the advice and consent of the Senate, a successor to a justice or judge who retires. "(c) Whenever any circuit or district judge eligible to resign or retire under this section does neither, and the President finds that such judge is unable to discharge efficiently all the duties of his office by reason of permanent mental or physical disability and that the appointment of an additional judge is necessary for the efficient dispatch of business, the President may make such appointment by and with the advice and consent of the Senate. If such additional judge is appointed, the vacancy subsequently caused by the death, resignation, or retirement of the disabled judge shall not be filled. "Any circuit or district judge whose disability causes the appointment of an additional judge, shall, for purposes of precedence, service as chief judge or temporary performance of the duties of that office, be treated as junior in commission to the other judges of the circuit or district.". SEC. 40. The first paragraph of section 373 of Title 28, United States Code, is amended by inserting, immediately after "Canal Zone" in such paragraph, the following: ", the District Court of Guam", so that such paragraph will read as follows: "Any judge of the United States District Courts for the districts of Hawaii or Puerto Rico, the District Court for the Territory of Alaska, the United States District Court for the District of the Canal Zone, the District Court of Guam or the District Court of the Virgin