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§ 374. —  Residence of retired judges; official station.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 28USC374]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART I--ORGANIZATION OF COURTS
 
      CHAPTER 17--RESIGNATION AND RETIREMENT OF JUSTICES AND JUDGES
 
Sec. 374. Residence of retired judges; official station

    Retired judges of the United States are not subject to restrictions 
as to residence. The place where a retired judge maintains the actual 
abode in which he customarily lives shall be deemed to be his official 
station for the purposes of section 456 of this title. The place where a 
judge or magistrate judge recalled under section 155, 375, 636, or 797 
of this title maintains the actual abode in which the judge or 
magistrate judge customarily lives shall be deemed to be the official 
station of such judge or magistrate judge for purposes of section 
604(a)(7) of this title.

(June 25, 1948, ch. 646, 62 Stat. 904; Pub. L. 86-312, Sec. 1, Sept. 21, 
1959, 73 Stat. 587; Pub. L. 99-651, title II, Sec. 202(b), Nov. 14, 
1986, 100 Stat. 3648; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 
1990, 104 Stat. 5117.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Sec. 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.


                               Amendments

    1986--Pub. L. 99-651 inserted last sentence.
    1959--Pub. L. 86-312 inserted sentence to provide that place where 
retired judge maintains actual abode shall be deemed to be his official 
station and inserted ``; official station'' in section catchline.

                         Change of Name

    Words ``magistrate judge'' substituted for ``magistrate'' wherever 
appearing in text pursuant to section 321 of Pub. L. 101-650, set out as 
a note under section 631 of this title.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-651 effective Jan. 1, 1987, see section 203 
of Pub. L. 99-651, set out as a note under section 155 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 456 of this title.



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