Chap.

Part VI.-PARTICULAR PROCEEDINGS

173. Attachment in Postal Suits...

Sec. 2710

§ 46. Assignment of judges; divisions; hearings; quorum.

(c) Cases and controversies shall be heard and determined by a court or division of not more than three judges, unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in regular active service. A court in banc shall consist of all circuit judges in regular active service. A circuit judge of the circuit who has retired from regular active service shall also be competent to sit as a judge of the court in banc in the rehearing of a case or controversy if he sat in the court or division at the original hearing thereof.

(As amended Nov. 13, 1963, Pub. L. 88-176, § 1(b), 77 Stat. 331.)

AMENDMENTS

1963 Subsec. (c). Pub. L. 88-176 inserted "regular" preceding "active service" wherever appearing, and provided that a retired circuit judge shall be competent to sit as a judge of the court in banc, in a rehearing if he sat in at the original hearing.

§ 48. Terms of court.

SURVEY OF JUDICIAL BUSINESS IN ALASKA Section 23(a) of Pub. L. 86-70, June 25, 1959, 73 Stat. 147, provided that: "The Judicial Conference of the United States, with the assistance of the Administrative Office of the United States Courts, shall conduct a study, including a field survey, of the Federal judicial business arising in the State of Alaska with a view toward directing the United States Court of Appeals for the Ninth Circuit to hold such terms of court in Anchorage or such other Alaskan cities as may be necessary for the prompt and efficient administration of justice."

Seven

Sec.

Chapter 5.-DISTRICT COURTS

Tenth

138. Terms abolished.

139. 141.

Six

Times for holding regular sessions. Special sessions; places; notice.

Court for the Northeastern Division shall be held at Huntsville and Decatur.

(As amended May 19, 1961, Pub. L. 87-36, § 3(a), 75 Stat. 83.)

AMENDMENTS

1961-Subsec. (a)(2). Pub. L. 87-36 provided for the holding of a term of court at Decatur.

§ 81A. Alaska.

Alaska constitutes one judicial district.

Court shall be held at Anchorage, Fairbanks, (As amended Pub. Juneau, Ketchikan, and Nome. L. 86-70, § 23(b), June 25, 1959, 73 Stat. 147.)

AMENDMENTS

1959-Pub. L. 86-70 inserted "Ketchikan,".

EFFECTIVE DATE

Section 12 of Pub. L. 85-508 provided in part that this section, and the amendments to sections 133, 333, 373, 376, 460, 610, 753, 1252, 1291, 1292, 1294, 1346, 1963, 2072, 2201 and 2410 of this title, section 341b of Title 5, Executive Departments and Government Officers and Employees, and sections 3241, 3401, 3771 and 3772 of Title 18, Crimes and Criminal Procedure, should be effective upon the admission of Alaska into the Union. Admission as a State was accomplished Jan. 3, 1959 upon issuance of Proc. No. 3269, Jan. 5, 1959, 24 F.R. 81, 73 Stat. c16, as required by secSee notes set out tions 1 and 8(c) of Pub. L. 85-508. preceding section 21 of Title 48, Territories and Insular Possessions.

SCHEDULE OF FEES, MILEAGE, OR OTHER COMPENSATION

Section 23 (c) of Pub. L. 86-70, June 25, 1959, 73 Stat. 147, provided that: "Such authority as has been exercised by the Attorney General heretofore, with regard to the Federal court system in Alaska, pursuant to section 30 of the Act of June 6, 1900 (48 U.S.C. 25) [section 25 of Title 48], shall continue to be exercised by him after the court created by section 12(b) of the Act of July 7, 1958 (72 Stat. 339, 348) [this section], providing for the admission of the State of Alaska into the Union, is established."

Ex. ORD. No. 10867. ASSUMPTION OF FUNCTIONS BY UNITED STATES DISTRICT COURT FOR DISTRICT OF ALASKA

Ex. Ord. No. 10867, Feb. 23, 1960, 25 F.R. 1584, provided: Whereas the act of July 7, 1958, 72 Stat. 339 [set out as a note preceding section 21 of Title 48, Territories and Insular Possessions], relating to the admission of the State of Alaska into the Union, provides that the United States District Court for the Territory of Alaska shall continue to function as theretofore for a period of three years after the effective date of that act, unless the President, by Executive order, shall sooner proclaim that the United States District Court for the District of Alaska, established in accordance with the provisions of that act, is prepared to assume the functions imposed upon it; and

Whereas that act further provides that its provisions relating to the termination of the jurisdiction of the District Court for the Territory of Alaska, the continua. tion of suits, the succession of courts, and the satisfaction of the rights of litigants in suits before such courts shall not be effective until the expiration of the abovementioned three-year period or until such Executive order is issued; and that the tenure of the judges, the United States Attorneys, Marshals, and other officers of the United States District Court for the Territory of Alaska shall terminate at such time as that court shall cease to function; and

Whereas, I have appointed, by and with the advice and consent of the Senate, and commissioned the Honorable Walter N. Hodge to be United State District Judge for the District of Alaska, and he has taken his oath of office; and

Whereas Judge Hodge has appointed an acting United States Attorney, an acting United States Marshal, and other court officers; and

Whereas the United States District Court for the District of Alaska is now prepared to assume the functions imposed upon it:

Now, therefore, by virtue of the authority vested in me by section 18 of the said act of July 7, 1958 [set out as a note under this section], I hereby proclaim that the United States District Court for the District of Alaska is prepared to assume the functions imposed upon it. Accordingly, the jurisdiction of the District Court for the Territory of Alaska and the tenure of the judges, the United States Attorneys, Marshals, and other officers of that court are now terminated.

§ 83. Arkansas.

DWIGHT D. EISENHOWER

Arkansas is divided into two judicial districts to be known as the Eastern and Western Districts of Arkansas.

Eastern District

(a) The Eastern District comprises five divisions. (1) The Eastern Division comprises the counties of Cross, Lee, Monroe, Phillips, Saint Francis, and Woodruff.

Court for the Eastern Division shall be held at Helena.

(2) The Western Division comprises the counties of Conway, Faulkner, Lonoke, Perry, Pope, Prairie, Pulaski, Saline, Van Buren, White, and Yell.

Court for the Western Division shall be held at Little Rock.

(3) The Pine Bluff Division comprises the counties of Arkansas, Chicot, Cleveland, Dallas, Desha, Drew, Grant, Jefferson, and Lincoln.

Court for the Pine Bluff Division shall be held at Pine Bluff.

(4) The Northern Division comprises the counties of Cleburne, Fulton, Independence, Izard, Jackson, Sharp, and Stone.

Court for the Northern Division shall be held at Batesville.

(5) The Jonesboro Division comprises the counties of Clay, Craighead, Crittenden, Greene, Lawrence, Mississippi, Poinsett, and Randolph.

Court for the Jonesboro Division shall be held at Jonesboro.

(As amended May 19, 1961, Pub. L. 87-36, § 5, 75 Stat. 84.).

AMENDMENTS

1961-Pub. L. 87-36 eliminated from enumeration in subsec. (a) (1) the parish of Desha and in subsec. (a) (2) the parishes of Arkansas, Chicot, Cleveland, Dallas, Drew, Grant, Jefferson, and Lincoln, created the third division of subsec. (a), consisting of such parishes, and redesignated former subsec. (a) (3) and (4) to be subsec. (a) (4) and (5).

§ 86. Connecticut.

Connecticut constitutes one judicial district.

Court shall be held at Bridgeport, Hartford, New Haven, and Waterbury. (As amended May 19, 1961, Pub. L. 87-36, § 3(b), 75 Stat. 83.)

AMENDMENTS

1961-Pub. L. 87-36 provided for the holding of a term of court at Bridgeport and Waterbury.

§ 89. Florida.

Florida is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Florida.