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. 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

Salary of judge increased from $30,000 to $40,000 per annum, commencing February 14, 1969, upon recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.

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.

CROSS REFERENCES

Compensation not to be diminished during continuance in office, see U. S. Const. Art. 3, § 1.

Guam district judge, salary, see section 1424b of Title 48, Territories and Insular Possessions.

Payment of salaries by marshal, see section 571 of this title.

Retirement of judges, see sections 371 et seq. of this title. Virgin Islands district judge, salary, see section 1614 of Title 48, Territories and Insular Possessions.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 7443.

47-500 0-71-vol. 7- -6

§ 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".

EFFECTIVE DATE OF 1958 AMENDMENT

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.

§ 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.

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.

§ 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 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.

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 United States District Court for the Eastern District of Oklahoma at Durant, Oklahoma."

QUARTERS AT BRYSON CITY, NORTH CAROLINA Act July 20, 1956, ch. 657, 70 Stat. 594, 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 Western District of North Carolina at Bryson City, North Carolina."

QUARTERS AT Klamath FALLS, OREGON

Act Sept. 23, 1950, ch. 1006, 64 Stat. 982, provided: "That section 142 of title 28 of the United States Code (relating to accommodations at places for holding court) shall not apply to the holding of court at Klamath Falls, Oregon, by the United States District Court for the District of Oregon."

QUARTERS AT NEWNAN, GEORGIA

Act Aug. 21, 1950, ch. 767, 64 Stat. 469, 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 for the Newnan Division of the United States District Court at Newnan, Georgia."

QUARTERS AT ROCK ISLAND, ILLINOIS

Section 2 of act Aug. 10, 1950, ch. 675, 64 Stat. 438, provided that: "Notwithstanding the provisions of section 142, title 28, United States Code, quarters and accommodations for holding court for the United States district court for the southern district, northern division of Illinois, may be furnished in Rock Island, Illinois, in any proposed Federal building construction project."

QUARTERS AT THOMASVILLE, GEORGIA

Act Oct. 26, 1949, ch. 744, 63 Stat. 923, provided: "That, notwithstanding the provisions of section 142 of title 28, United States Code, quarters and accommodations for holding court for the United States District Court for the Middle District of Georgia may be furnished in Thomasville, Georgia, in any proposed Federal building construction project."

QUARTERS AT BRUNSWICK, GEORGIA

Act Oct. 26, 1949, ch. 740, 63 Stat. 921, 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 for the Brunswick Division of the United States District Court at Brunswick, Georgia." § 143. Vacant judgeship as affecting proceedings.

When the office of a district judge becomes vacant, all pending process, pleadings and proceedings shall, when necessary, be continued by the clerk until a judge is appointed or designated to hold such court. (June 25, 1948, ch. 646, 62 Stat. 898.)

LEGISLATIVE HISTORY

Reviser's Note.-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.

§ 144. Bias or prejudice of judge.

Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.

The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith. (June 25, 1948, ch. 646, 62 Stat. 898; May 24, 1949, ch. 139, § 65, 63 Stat. 99.)

1966-Pub. L. 89-425, § 3, May 11, 1966, 80 Stat. 140, substituted "Assignment of judges; divisions; hearings; quorum; decisions" for "Quorum" in item 175.

1954-Act Sept. 3, 1954, ch. 1263, § 38, 68 Stat. 1240, added "; character of court" to item 171.

CROSS REFERENCES Jurisdiction of Court of Claims, see section 1491 et seq. of this title.

RULES OF THE UNITED STATES COURT OF CLAIMS See Appendix to this title.

§ 171. Appointment and number of judges; character of court.

The President shall appoint, by and with the advice and consent of the Senate, a chief judge and six associate judges who shall constitute a court of record known as the United States Court of Claims. Such court is hereby declared to be a court established under article III of the Constitution of the United States. (June 25, 1948, ch. 646, 62 Stat 898; July 28, 1953, ch. 253, § 1, 67 Stat. 226; Sept 3, 1954, ch. 1263, § 39 (a), 68 Stat. 1240; May 11, 1966, Pub. L. 89-425, § 1(b), 80 Stat. 140.)

LEGISLATIVE HISTORY

Reviser's Note.-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. 8. 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 sec tions 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 phrase. ology.

AMENDMENTS

1966-Pub. L. 89-425 increased the number of associate Judges from four to six.

1954 Act Sept. 3, 1954, added "; character or court' to the catchline.

1953-Act July 28, 1953, added second sentence.

ADDITIONAL JUDGESHIPS

Section 1(a) of Pub. L. 89-425 provided that: "The President shall appoint, by and with the advice and consent of the Senate, two additional associate judges for the Court of Claims."

CHIEF JUSTICE TO BE KNOWN AS CHIEF JUDGE Section 2 (a) of act June 25, 1948, provided in part that the Chief Justice of the Court of Claims in office on Sept. 1, 1948, shall be thereafter known as the Chief Judge.

CONTINUATION OF ORGANIZATION OF COURT Section 2 (b) of act June 25, 1948, provided in part that the provisions of this title as set out in section 1 of act June 25, 1948, with respect to the organization of the court, shall be construed as continuations of existing law, and the tenure of the judges, officers, and employees, in office on Sept. 1, 1948, shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title, pursuant to his prior appointment.

CROSS REFERENCES

Oath of judge, see section 453 of this title. Official station of Court of Claims judges, see section 456 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 37 section 554. $172. Precedence of judges.

The chief judge of the Court of Claims shall have precedence and preside at any session of the court which he attends.

The other 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. (June 25, 1948, ch. 646, 62 Stat. 898.)

LEGISLATIVE HISTORY

Reviser's Note.-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.)

CHIEF JUSTICE AS CHIEF JUDGE

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

§ 173. Tenure and salaries of judges.

The chief judge and associate judges of the Court of Claims shall hold office during good behavior. (June Each shall receive a salary of $33,000 a year. 25, 1948, ch. 646, 62 Stat. 898; Mar. 2, 1955, ch. 9, § 1(d), 69 Stat. 10; Aug. 14, 1964, Pub. L. 88-426, title IV, § 403 (d), 78 Stat. 434.)

LEGISLATIVE HISTORY

Reviser's Note.-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.

AMENDMENTS

1964-Pub. L. 88-426 increased the salary of the judges of the Court of Claims from $25,500 to $33,000.

1955-Act Mar. 2, 1955, increased the salaries of the judges of the Court of Claims from $17,500 to $25,500 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. 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

Salary of judge increased from $33,000 to $42,500 per annum, commencing February 14, 1969, upon recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress.

Prior to June 25, 1948, salaries of judges of the Court of Claims were increased as follows:

The salaries of the chief Judge and associate judges were increased from $12,500 to $17,500 a year by act July 31, 1946, ch. 704, § 1, 60 Stat. 716.

The salary of the Chief Justice, now the chief Judge, was increased from $8,000 to $12,500 a year, and the salaries of the associate justices, now judges, were increased from $7,500 to $12,500 a year by act Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919.

The salary of the Chief Justice was increased from $6,500 to $8,000 a year, and the salaries of the associate justices were increased from $6,000 to $7,500 a year by act Feb. 25, 1919, ch. 29, § 1, 40 Stat. 1156.

The salary of the chief Justice was set at $6,500, and the salaries of the associate justices were set at $6,000 by the Judicial Code of 1911, act Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1135.

CROSS REFERENCES

Retirement of judges, see section 371 et seq. of this

title.