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.

SECTION 136-SECTION REVISED

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.

SECTION 137-SECTION REVISED

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.

SECTION 138-NEW SECTION

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.

SECTION 139-NEW SECTION

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.

SECTION 140-SECTION REVISED

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

SECTION 141-SECTION REVISED

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.

SECTION 142-NEW SECTION

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.)

SECTION 143-SECTION REVISED

Based on title 28 U. S. C., 1940 ed., § 26 (Mar. 3, 1911, ch. 231, § 22, 36 Stat. 1090).

The last clause of section 26 of title 28 U. S. C., 1940 ed., prescribing the powers of a designated judge was omitted as covered by

section 296 of this title.

Minor changes were made in phraseology.

SECTION 144-SECTION REVISED

Based on title 28 U. S. C., 1940 ed., § 25 (Mar. 3, 1911, ch. 231, § 21, 36 Stat. 1090).

The provision that the same procedure shall be had when the presiding judge disqualifies himself was omitted as unnecessary. (See section 291 et seq. and section 455 of this title.)

Words, "at which the proceeding is to be heard," were added to clarify the meaning of words, "before the beginning of the term." (See U. S. v. Costea, D. C. Mich. 1943, 52 F. Supp. 3.) Changes were made in phraseology and arrangement.

Sec.

CHAPTER 7. COURT OF CLAIMS

171. Appointment and number of judges.

172. Precedence of judges.

173. Tenure and salaries of judges.

174. Terms.

175. Quorum.

SECTION 171-SECTION REVISED

Based on title 28 U. S. C., 1940 ed., § 241 (Mar. 3, 1911, ch. 231, § 136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, § 4, 40 Stat. 1157; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919).

This section contains a part of section 241 of title 28 U. S. C., 1940 ed. The remainder of such section, relating to tenure, salaries and oath, is incorporated in sections 173 and 453 of this title.

The term "chief judge" was substituted for "Chief Justice." (See reviser's note under section 136 of this title.)

Words "a court of record known as" were added. For similar provision covering other Federal courts, see sections 132, 211, and 251 of this title.

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

Minor changes were made in arrangement and phraseology.

SECTION 172-NEW SECTION

This section applies to the judges of the Court of Claims the same rule of precedence applicable to judges of other courts. (See sections 45, 136, 212, and 253 of this title.)

SECTION 173-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 241 (Mar. 3, 1911, ch. 231, § 136, 36 Stat. 1135; Feb. 25, 1919, ch. 29, § 4, 40 Stat. 1157; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; July 31, 1946, ch. 704, § 1, 60 Stat. 716). This section is based on part of section 241 of title 28, U. S. C., 1940 ed. That portion relating to number, appointment of judges and their oaths, is incorporated in sections 171 and 453 of this title.

A provision for monthly salary payments was omitted since time of payment is a matter for administrative determination. (See 20 Comp. Gen. 834.) The term "chief judge" was substituted for "Chief Justice." (See reviser's note under section 136 of this title.)

Minor changes were made in phraseology.

SECTION 174-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 243 (Mar. 3, 1911, ch. 231, 138, 36 Stat. 1136).

This section is based on first sentence of section 243 of title 28, U. S. C., 1940 ed. The remainder of said section is incorporated in section 175 of this title.

Words "the seat of government" were substituted for "the city of Washington" to conform to similar language respecting the Supreme Court. (See section 2 of this title.)

Words "to be fixed by rule of court" were added to provide greater flexibility in administering the business of the court. For similar provisions covering the district courts, see section 138 of this title. Word "term" was substituted for "session" for uniformity. Minor changes were made in phraseology.

SECTION 175-SECTION REVISED

Based on title 28, U. S. C., 1940 ed., § 243 (Mar. 3, 1911, ch. 231, § 138, 36 Stat. 1136).

Section is based on last sentence of section 243 of title 28, U. S. C., 1940 ed. As revised it conforms with a similar provision applicable to Court of Customs and Patent Appeals in section 215 of this title. Other provisions of said section 243 of title 28 are incorporated in section 174 of this title.

A single judge may take testimony and make findings. (See section 2505 of this title.)

Sec.

Changes were made in phraseology.

CHAPTER 9. COURT OF CUSTOMS AND PATENT
APPEALS

211. Appointment and number of judges.

212. Precedence of judges.

213. Tenure and salaries of judges.

214. Sessions.

215. Quorum.

216. Opinions.

SECTION 211-SECTION REVISED

Based on title 28, U. S. C. 1940 ed., §§ 301, 307 (Mar. 3, 1911, ch. 231, §§ 188, 194, 36 Stat. 1143, 1145; Feb. 25, 1919, ch. 29, §§ 2, 5, 40 Stat. 1156, 1157; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475).

Term "chief judge" was substituted for "presiding judge." (See reviser's note under section 45 of this title.)

The provision of said section 301 of title 28, U. S. C., 1940 ed., requiring designation of the "presiding" judge in the presidential commission, was omitted as unnecessary in view of the language of the revised section.

Other provisions of section 301 of title 28, U. S. C., 1940 ed., are incorporated in sections 212, 213, 215, 293, and 296 of this title.

The provision of said section 307 of title 28, U. S. C., 1940 ed., that the court shall prescribe the form and style of its seal, was omitted. The court may more appropriately provide for these by rule.

The provision of said section 307 that the court shall “exercise such powers conferred by law as may be conformable and necessary to the exercise of its jurisdiction," was omitted as surplusage.

The final sentence of said section 307 providing that the court “shall have power to review any decision or matter within its jurisdiction, and may affirm, modify, or reverse the same and remand the case with such orders as may seem to it proper in the premises, which shall be executed accordingly" was omitted as unnecessary.

The provisions of said section 307 that the court shall prescribe the form of its writs and other process and procedure, and shall have power to establish all rules and regulations for the conduct of the business of the court, and as may be needful for the uniformity of decisions within its jurisdiction as conferred by law," are incorporated in section 2071 of this title.

The official status of the presiding judge of the Court of Customs and Patent Appeals holding office on the effective date of this Act is preserved by section 2 of the bill to enact revised title 28. Minor changes were made in phraseology.