June 25, 1948, ch. 64662 Stat. 896Aug. 3, 1949, ch. 387, § 2(b)(1)63 Stat. 495Feb. 10, 1954, ch. 6, § 2(b)(13)(a)68 Stat. 12Pub. L. 86–3, § 9(c)73 Stat. 8Pub. L. 87–36, § 2(e)(3)75 Stat. 83Pub. L. 89–571, § 180 Stat. 764Pub. L. 92–208, § 3(e)85 Stat. 742Pub. L. 104–317, title VI, § 607110 Stat. 3860(, ; , ; , ; , , ; , , ; , , ; , , ; , , .)
Historical and Revision Notes
section 863 of title 48Apr. 12, 1900, ch. 191, § 3431 Stat. 84Mar. 3, 1911, ch. 231, § 136 Stat. 108737 Stat. 648July 30, 1914, ch. 21638 Stat. 580Mar. 2, 1917, ch. 145, § 4139 Stat. 965Mar. 4, 1921, ch. 161, § 141 Stat. 1412Sept. 14, 1922, ch. 306, § 142 Stat. 837Mar. 26, 1938, ch. 51, § 252 Stat. 118Based on title 28, U.S.C., 1940 ed., § 1 and , U.S.C., 1940 ed., Territories and Insular Possessions (, ; , ; ; ch. 6, ; , ; , ; , ; , ; , ).
section 1 of title 28section 863 of title 48Section consolidates the last paragraph of , U.S.C., 1940 ed., with portions of , U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation.
section 1 of title 28section 133 of this titleProvisions of , U.S.C., 1940 ed., relating to the number of judges in the various districts are incorporated in .
section 863 of title 48A portion of , U.S.C., 1940 ed., is retained in said title 48. For remainder of section 863, see Distribution Table.
U.S. ex. rel. Laughlin v. Eichersection 1 of title 28section 44 of this titleThe exception in subsection (b) “except in the District of Columbia” conforms with the recent decision in , 1944, 56 F.Supp. 972, holding that residence requirement of , U.S.C., 1940 ed., did not apply to district judges in the District of Columbia. (See reviser’s note under .)
section 1 of title 28U.S. ex. rel. Laughlin v. Eichersection 1 of title 28The clause in said last paragraph of providing that any district judge, who violates the residence requirement, shall be deemed guilty of a high misdemeanor, was omitted. This penalty provision was attached to the residence requirement at the time of compilation of the Revised Statutes of 1878, although it is apparent that Congress only intended that the penalty should be invoked upon the unauthorized practice of law. See , supra, in which an outline of the history of said is given.
Editorial Notes
Amendments
Pub. L. 104–3171996—Subsec. (b). inserted “the Southern District of New York, and the Eastern District of New York,” after “the District of Columbia,” and inserted “Each district judge of the Southern District of New York and the Eastern District of New York may reside within 20 miles of the district to which he or she is appointed.” at end.
Pub. L. 92–2081971—Subsec. (c). struck out provision requiring that one of the district judges for the Eastern District of Louisiana reside in East Baton Rouge Parish, Louisiana.
Pub. L. 89–5711966—Subsec. (a). struck out provisions which excepted district judges in Puerto Rico from tenure during good behavior and which instead set eight-year terms for them to be served until their successors were appointed and qualified.
Pub. L. 87–361961—Subsec. (c). required the residence of one of the district judges for the Eastern District of Louisiana to be in East Baton Rouge Parish, Louisiana.
Pub. L. 86–31959—Subsec. (a). struck out provisions which limited district judges in Hawaii to a term of six years.
1954—Subsecs. (a) and (b) reenacted without change by act .
Subsec. (c). Act , substituted entirely new provisions giving the judicial council of the circuit the authority to determine residence of district judges when it is in the public interest and the nature of the business of the district court necessitates the presence of a judge at or near a particular place for holding court in the district or within a particular part of the district, for former provisions relating to residence of one of the district judges for the District of Kansas.
Subsecs. (d), (e). Act , struck out subsecs. (d) and (e) which related to residence of one of the district judges for the Southern District of California and one of the district judges for the Southern District of Texas.
1949—Subsecs. (c) to (e). Act , added subsecs. (c) to (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1971 Amendment
Pub. L. 92–208section 3(f) of Pub. L. 92–208section 98 of this titleAmendment by effective 120 days after , see , set out as a note under .
Effective Date of 1959 Amendment
Pub. L. 86–3section 133 of this titlePub. L. 86–373 Stat. 4section 491 of Title 48Amendment by effective on admission of Hawaii into the Union, see Effective Date of 1959 Amendment note set out under . Admission of Hawaii into the Union was accomplished , upon issuance of Proc. No. 3309, , 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of , , , set out as notes preceding , Territories and Insular Possessions.
Tenure and Salary Rights of Judges in Puerto Rico in Office on
Pub. L. 89–571, § 480 Stat. 764
Applicability of Orders Under 1954 Amendment
Act Feb. 10, 1954, ch. 6, § 2(b)(13)(b)68 Stat. 12