SECTION 332-SECTION REVISED Based on title 28, U. S. C., 1940 ed., § 448 (Mar. 3, 1911, ch. 231, § 306, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1223). The final sentence of section 448 of title 28, U. S. C., 1940 ed., excepting from the operation of said section the provisions of existing law as to assignment of district judges outside their districts, was omitted as surplusage, since there is nothing in this section in conflict with section 292 of this title providing for such assignments. The requirement for attendance of circuit judges, unless excused by the chief judge, was included in conformity with a similar provision of section 331 of this title. Changes in phraseology were made. SECTION 333-SECTION REVISED Based on title 28, U. S. C., 1940 ed., §§ 449, 450 (Mar. 3, 1911, ch. 231, §§ 307, 308, as added Aug. 7, 1939, ch. 501, § 1, 53 Stat. 1223). Section consolidates parts of sections 449 and 450 of title 28, U. Ś. C., 1940 ed. Said section 450 contained definitions of "courts" and "continental United States," and directions that sections 444-450 of title 28, U. S. C., 1940 ed., relating to the administration of United States courts, should apply to the courts of appeals, the United States Court of Appeals for the District of Columbia and to the several enumerated district courts of the United States, including those in the Territories and Possessions as well as the Court of Claims, Court of Customs and Patent Appeals, and Customs Court. It also provided that the Chief Justice and associate justices of the Court of Appeals for the District of Columbia should have the powers of the senior judge and circuit judges, respectively, of a circuit court of appeals. The revised section omits, as surplusage, the definition of "continental United States." Other provisions of section 450 of title 28, U. S. C., 1940 ed., referred to were omitted as unnecessary in view of section 604 of this title which provides for the powers and duties of the Director of the Administrative Office of the United States Courts. Remaining provisions of said section 450 are incorporated in said section 604 and section 610 of this title. The provision as to travel and subsistence which was contained in said section 449 of title 28, U. S. C., 1940 ed., is incorporated in section 456 of this title. Sec. CHAPTER 19. RESIGNATION AND RETIREMENT OF JUDGES 371. Resignation or retirement for age; substitute judge on failure to retire. 372. Retirement for disability. 373. Judges in Territories and Possessions. 374. Residence of retired judges. SECTION 371-SECTION REVISED Based on title 28, U. S. C., 1940 ed., §§ 375 and 375a (Mar. 3, 1911, ch. 231, § 260, 36 Stat. 1161; Feb. 25, 1919, ch. 29, § 6, 40 Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; Mar. 1, 1937, ch. 21, §§ 1, 2, 50 Stat. 24; Feb. 11, 1938, ch. 25, § 1, 52 Stat. 28; May 11, 1944, ch. 192, § 1, 58 Stat. 218). This section consolidates provisions of sections 375 and 375a_of title 28, U. S. C., 1940 ed., relating to resignation and retirement. Remaining provisions of said section 375 now appear in sections 136, 294 and 756 of this title, and remaining provisions of said section 375a now appear in section 294 of this title. Words "may resign, or may retain his office but retire from regular active service" were used to clarify the difference between resignation and retirement. Resignation results in loss of the judge's office, while retirement does not. (Booth v. U. S., 1933, 54 S. Ct. 379, 291 U. S. 339, 78 L. Ed. 836; U. S. v. Moore, 1939, 101 F. 2d 56, certiorari denied 59 S. Ct. 788, 306 U. S. 664, 83 L. Ed. 1060.) Terms "judge of the United States" and "justice of the United States" are defined in section 451 of this title. The revised section continues the provision respecting the salary of a resigned judge but changes such provision for retired judges and makes them eligible to receive any increases provided by Congress for the office from which they retired. This change is in harmony with the clear line of distinction drawn by Congress between retirement and resignation. SECTION 372-SECTION REVISED Based on title 28, U. S. C., 1940 ed., §§ 375b, 375c, and 375d (Aug. 5, 1939, ch. 433, §§ 1-3, 53 Stat. 1204, 1205). This section consolidates sections 375b, 375c, and 375d of title 28, U. S. C., 1940 ed. Section 375e of title 28, U. S. C., 1940 ed., providing that term "senior circuit judge" includes the Chief Justice of the United States Court of Appeals for the District of Columbia, and the term “judicial circuit" includes the District of Columbia, was omitted from this revision as unnecessary. Such district is included as a judicial circuit by section 41 of this title. Words "justice or judge of the United States" were used to describe members of all courts who hold office during good behavior. (See reviser's note under section 371 of this title.) Term "chief judge" was substituted for "Chief Justice" of the Court of Claims, "presiding judge" of the Court of Customs and Patent Appeals and "senior circuit judge." (See reviser's note under section 136 of this title.) For clarity and convenience the requirement that certificates of disability be submitted "to the President," was made explicit. The revised section requires a judge of the Customs Court to furnish a certificate of disability signed by the chief judge of his court, instead of by the chief judge of the Court of Customs and Patent Appeals as in said section 375c of title 28, U. S. C., 1940 ed. This change insures signing of the certificate of disability by the chief judge possessing knowledge of the facts. Changes were made in phraseology and arrangement. SECTION 373-SECTION REVISED Based on sections 634b and 634c of title 48, U. S. C., 1940 ed., Territories and Insular Possessions [title 28, U. S. C., 1940 ed., §§ 375g, 375g note, 375h] (May 31, 1938, ch. 301, §§ 1, 2, 52 Stat. 591; Apr. 16, 1946, ch. 139, §§ 1, 2, 3, 60 Stat. 90, 91). Section consolidates sections 634b and 634c of title 48, U. S. C., 1940 ed., as amended and transferred to title 28, U. S. C., 1940 ed., as sections 375g and 375h thereof, with changes of phraseology necessary to effect consolidation. SECTION 374-SECTION REVISED Based on title 28, U. S. C., 1940 ed., § 402 (Feb. 11, 1938, ch. 23, 52 Stat. 28). Sections 44 and 133 of this title require that active circuit and district judges shall reside in the circuit or district to which appointed. Changes were made in phraseology. CHAPTER 21. DISTRIBUTION OF REPORTS AND DIGESTS Sec. 411. Supreme Court reports and digests; printing, binding, and distribution. 412. Supreme Court reports; cost and sale. 413. Reports, digests, and other publications; purchase and distribution. SECTION 411-SECTION REVISED Based on title 28, U. S. C., 1940 ed., § 334 (Mar. 3, 1911, ch. 231, § 227, 36 Stat. 1154; Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1419; July 1, 1922, ch. 267, § 3, 42 Stat. 816; June 12, 1926, ch. 568, 44 Stat. 736; Jan. 29, 1929, ch. 113, 45 Stat. 1143; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; July 3, 1930, ch. 863, § 1, 46 Stat. 1016; Feb. 23, 1931, ch. 276, § 30, 46 Stat. 1214; May 17, 1932, ch. 190, 47 Stat. 158; June 30, 1932, ch. 314, § 501, 47 Stat. 415; May 10, 1934, ch. 277, § 512, 48 Stat. 758: Ex. Ord. No. 6166, §§ 12, 14, June 10, 1933; June 7, 1934, ch. 426, 48 Stat. 926; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; June 20, 1936, ch. 630, § 5, 49 Stat. 1549; June 25, 1936, ch. 804, 49 Stat. 1921). Requirements for printing, binding, and issuing Supreme Court decisions "within eight months after said decisions have been rendered by the Supreme Court" and provision for distribution "within said period" were omitted. The phrase "as soon as practicable after rendition" was made the time for publishing such decisions as more flexible and practicable. The words "the United States Court for China" were omitted inasmuch as that court is no longer functioning. The Secretary of State by an arrangement with China has relinquished the extraterritorial jurisdiction previously exercised by the United States in China. The 1944 Legislative and Judiciary Appropriation Act approved June 28, 1943, made no appropriation for the United States Court for China. Appropriations for other courts were made in title II of chapter 173 (57 Stat. 241). The last appropriation for the United States Court for China was in the Act of July 2, 1942 (ch. 472, title IV, 56 Stat. 502). The words "to the Secretary of War for the use of the proper courts and officers of the Philippine Islands, seven copies" were omitted in view of the independence of the Philippines, effective July 4, 1946. The phrase "justice or judge of the United States" obviated repetition of names of courts. (See definitive section 451 of this title.) Last sentence, fourth paragraph, of section 334 of title 28, U. S. C., 1940 ed., requiring that books should remain the property of the United States and should be preserved and turned over to successors in office, was omitted as covered by section 414 of this title. A reference to the United States attorney for the District of Columbia was omitted as covered by "each United States attorney." Provision authorizing distribution of volumes under this section to each place where a court of appeals is held was added for purposes of uniformity. See similar provision in section 413 of this title. The revised section substitutes the Director of the Administrative Office of the United States Courts in lieu of the Attorney General insofar as distribution of volumes to the judiciary is concerned. This change is consistent with the duties of the former under section 601 et seq. of this title. Provision of section 334 of title 28, U. S. C., 1940 ed., as to the custody, use and delivery to successors was omitted as obsolete on advice of the Administrative Office of the United States Courts. The limitation of 10 copies to the library of the Supreme Court and 6 copies to the marshal of the Supreme Court for use of the justices, was omitted and the provision for distribution in such number "specified by the Chief Justice of the United States" was substituted therefor. Authority for making an appropriation to carry into effect the provisions of this section is contained in section 336 of title 28, U. S. C., 1940 ed., Acts July 1, 1922, ch. 267, § 5, 42 Stat. 818; May 29, 1926, ch. 425, § 3, 44 Stat. 678 which is omitted, but not repealed, as unnecessary in this revision. Changes were made in phraseology and arrangement. SECTION 412-SECTION REVISED Based on title 28, U. S. C., 1940 ed., § 335 (Mar. 3, 1911, ch. 231, $228, 36 Stat. 1155; July 1, 1922, ch. 267, § 4, 42 Stat. 818; May 29, 1926, ch. 425, § 2, 44 Stat. 677). Authority for making an appropriation to carry into effect the provisions of this section is contained in section 336 of title 28, U. S. C., 1940 ed., Acts July 1, 1922, ch. 267, § 5, 42 Stat. 818; May 29, 1926, ch. 425, § 3, 44 Stat. 678, which is omitted, but not repealed, as unnecessary in this revision. Reference to digests was omitted to conform to administrative practice. (See section 604 (a) (9) of this title.) Changes were made in phraseology. SECTION 413-SECTION REVISED Based on section 1131 of title 26, U. S. C., 1940 ed., Internal Revenue Code, title 28, U. S. C., 1940 ed., §§ 337, 530 (Mar. 3, 1911, ch. 231, $229, 36 Stat. 1155; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; May 10, 1934, ch. 277, § 512, 48 Stat. 758; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921; Feb. 10, 1939, ch. 2, § 1131, 53 Stat. 163; May 14, 1940, ch. 189, title IV, 54 Stat. 210; July 2, 1942, ch. 472, title IV, 56 Stat. 504; June 28, 1943, ch. 173, title II, § 201, 57 Stat. 243; June 26, 1944, ch. 277, § 203, 58 Stat. 358; May 21, 1945, ch. 129, title IV, 59 Stat. 200; July 5, 1946, ch. 541, title IV, 60 Stat. 480.) Section consolidates provisions of section 1131 of title 26, U. S. C., 1940 ed., relating to expenditures for "lawbooks" for The Tax Court of the United States, with sections 337 and 530 of title 28, U. S. C., 1940 ed., relating to purchase and distribution of reporter and digest volumes. Other provisions of section 1131 of title 26, U. S. Ç., 1940 ed., are incorporated in section 604 of this title. Provisions of section 530 of title 28, U. S. C., 1940 ed., limiting the price to be paid for volumes of the Federal Reporter and other similar reports were omitted after consultation with the Administrative Office of United States Courts as more properly covered by current appropriation acts. Similar provisions relating to the Federal Digest and the United States Code Annotated were omitted as covered in current appropriation acts. (See Act June 29, 1944, ch. 286, title II, § 212, 58 Stat. 361, 387.) Provisions of said section 337 of title 28, U. S. C., 1940 ed.. that books are to remain United States property, so marked, and transmitted to successors in office of persons receiving them, were omitted as covered by section 414 of this title. Similar provisions in said section 530 of title 28, U. S. C., 1940 ed., are incorporated in section 414 of this title. Provision in section 337 of title 28, U. S. C., 1940 ed., for distribution to the Court of Appeals and District Court for the District of Columbia was omitted as covered by the phrase "Each place where a circuit court of appeals or district court is regularly held.” The revised section is extended to include the Customs Court as well as the Court of Claims and Court of Customs and Patent Appeals. All judges receive the Supreme Court reports and digests under section 411 of this title. Presumably the Congress did not intend to deny distribution of the Federal reporter and digests to the Customs Court while providing for all other courts under said section 337. The revised section provides for distribution of volumes to the judiciary by the Director of the Administrative Office of the United States Courts. (See reviser's note under section 411 of this title.) Similar publications are purchased by the Marshal of Supreme Court for the use of the Court. (See section 672 (5) of this title.) The provisions of section 337 of title 28, U. S. C., 1940 ed., requiring annual estimates and disbursement of moneys for the volumes under this section were omitted. Such provisions are covered by appropriate sections of title 31, U. S. C., 1940 ed., Money and Finance. Provision of section 337 of title 28, U. S. C., 1940 ed., as to custody, use, and delivery to successors was omitted as obsolete on advice of the Administrative Office of the United States Courts. Numerous changes were made in phraseology and superfluous language was omitted. SECTION 414-SECTION REVISED Based on section 90 of title 5, U. S. C., 1940 ed., Executive Departments and Government Officers and Employees, section 530 of title 28, U. S. C., 1940 ed., and section 92 of title 44, U. S. C., 1940 ed., Public Printing and Documents (Aug. 7, 1882, ch. 433, § 1, 22 Stat. 336; Jan. |