Volume 52 · 956
Public Law 75–51
To amend section 42 of title 7 of the Canal Zone Code and section 41 of the Act entitled “An Act to provide a civil government for Porto Rico, and for other purposes”, approved March 2, 1917, as amended (U. S. C., 1934 edition, title 48, sec. 893).
Approved March 26, 1938
Statutory text
AN ACT
To amend section 42 of title 7 of the Canal Zone Code and section 41 of the Act entitled “An Act to provide a civil government for Porto Rico, and for other purposes”, approved March 2, 1917, as amended (U. S. C., 1934 edition, title 48, sec. 893).
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 42 of title 7 of the Canal Zone Code be, and it is hereby, amended to read as follows:
“The district judge, district attorney, and marshal shall—
“a. District judge, district attorney, and marshal.Appointment.Terms.
be appointed by the President, by and with the advice and consent of the Senate, the judge for a term of eight years and the district attorney and marshal for terms of four years each;
“b. Continuance until successors qualify.
continue to discharge the duties of their respective offices, unless sooner removed by the President, until their successors are appointed and qualify in their stead;
“c. Leaves of absence.
be allowed sixty days’ leave of absence each year, with pay, under such regulations as the President may from time to time prescribe; and
“d. Residence.
reside within the Canal Zone during their terms of office.”
Sec. 2.
That section 41 of the Act entitled “An Act to provide a civil government for Porto Rico, and for other purposes”, approved
March 2, 1917, as amended (U. S. C., 1934 edition, title 48, sec. 863), is amended to read as follows:
Judicial district of Puerto Rico.
District Judge.
“Puerto Rico shall constitute a judicial district to be called ‘the district of Puerto Rico’. The President, by and with the advice and consent of the Senate, shall appoint one district judge, who shall serve for a term of eight years and until his successor is appointed
District attorney; marshal.
and qualified and whose salary shall be $10,000 per annum. There shall be appointed in like manner a district attorney and a marshal for said district, each for a term of four years unless sooner removed
Title and powers of district court.
by the President. The district court for said district shall be called ‘the District Court of the United States for Puerto Rico’, and shall have power to appoint all necessary officials and assistants, including the clerk, interpreter, and such commissioners as may be necessary, who shall be entitled to the same fees and have like powers and duties as are exercised and performed by United States commissioners.
Jurisdiction.
Such district court shall have jurisdiction of all cases cognizable in the district courts of the United States, and shall proceed
Naturalization of aliens and Puerto Ricans.
in the same manner. In addition, said district court shall have jurisdiction for the naturalization of aliens and Puerto Ricans, and for this purpose residence in Puerto Rico shall be counted in the same
Controversies between citizens of foreign States, etc.
manner as residence, elsewhere in the United States. Said district court shall have jurisdiction of all controversies where all of the parties on either side of the controversy are citizens
Salaries, from U, S. revenues.
or subjects of a foreign State or States, or citizens of a State, Territory, or District of the United States not domiciled in Puerto Rico, wherein the matter in dispute exceeds, exclusive of interest or cost, the sum or value of $3,000, and of all controversies in which there is a separable controversy involving such jurisdictional amount and in which all of the parties on either side of such separable controversy are citizens or subjects of the character aforesaid. The salaries of the judge and officials of the District Court of the United States for Puerto Rico, together with the court expenses, shall be paid from the United States revenues in the same manner as in other United States district
Vacancies, etc.
courts. In case of vacancy or of the death, absence, or other legal disability on the part of the judge of the said District Court of the United States for Puerto Rico, the President of the United States is authorized to designate one of the judges of the Supreme Court of Puerto Rico to discharge the duties of judge of said court until such absence or disability shall be removed, and thereupon such judge so designated for said service shall be fully authorized and empowered to perform the duties of said office during such absence or disability of such regular judge, and to sign all necessary papers and records as the acting judge of said court without extra compensation.”
Approved, March 26, 1938.