Page:United States Statutes at Large Volume 42 Part 1.djvu/190

 162 SIXTY-SEVENTH CONGRESS. Sess. I. Ch. 64. 1921. ·*¤°¤‘**¤°¤* °* .°'· (c) Until a transcri t of the record in such hearing has been Hled Siiii·§1i"pH“m¤hng in a circuit court of ajiipeals of the United States, as prov1ded_ in section 204, the Secretary at any time, upon such notice and m such manner as he deems proper, but onldy after reasonable opportunity to the acker to be heard, may amen or set aside the report or order, in whole or in part. S¢"*¤¤ °* P*¤°•S¤· (d) Complaints, orders, and other processes of the Secretary under dim. ss, p. 721. this section may be served in the same manner as pillovided IH section 5 of the Act entitled "An Act to create a Federal ade Commission, to define its powers and duties, and for other purposes," approved Se tember 26, 1914. _ u‘{“¥¤g¤*P°u, 'i·;; Sec. 204. (a) An order made under section _203 shall be final and umm com orappsns conclusive unless thirty days after service the packer appeals °°’°°‘““°°’°°°‘ to the circuit court of appeals for the circuit in which he has his principal place of business by filigwith the clerk of such court a written tition praying that the creta.ry’s order be set aside or modifiedliii the manner stated in the petition, together with a bond in such sum as the court may determine, conditioned that such packer will a the costs of the p if the court so directs. ¤,,,R?,,‘§?,§°;°$,if,;;,_°° b° (bl, The clerk of the court s immediately cause a copy of the tition to be delivered to the Secretary, and the Secretary shall iiiirthwith pre are, certify, and Hle in the court a full and accurate transcri t of the record in such proceedin§i including the complaint, b°¢°’:;°§,?g’*‘· °‘°·· the evidinnce, and the report and order. before such transcriolt is filed the Secretary amends or sets aside his report or order, in w ole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary. (c) At an time after such transcript is Bled the court, on applica- ¤¤¤¤1¤¤¤- tion of the Secretary, may issue a temporary injimction restraining, to the extent it deems proper, the pac er and his officers, directors, agents, and employees, from violating any of the provisions of the order pending the final determination of the a peal. E"*d°¤°° ¤dm**°°d· (d) The evidenw so taken or admitted, duliy certified and filed as aforesaid as a part of the record, shall be considered by the court as E‘P°‘u“”€ www- the evidence in the case. The proceedings in such cases in the circuit court of appeals shall be made a preferred cause and shall be expedited in every way. A““*°'“Y°'°°“'*— Sega) The court may amrm, modify, or set aside the order of the _ retary. the case requires the taking of additional evidence, the court shall order the hearing to be reopened for the taking of such evidence, in _ _ such manner an upon suc terms and conditions as the court may m§‘§f*§§f*“°¤ °“*“°‘ deem proper. The Secretary may modify his findings as to the facts, or ma e new findinglo, by reason of the additional evidence so taken, and he shall file suc modified or new findings and his recommendations, if any, for the modification or setting aside of his order, with Mmmm by mm the return of such additional evidence. (g) If the circuit court of a peals affirms or modifies the order of the Secretary, its decree shallp operate as an injunction to restrain the packer, and  officers, directors, agents, and emplo ees from violatiggl the provisions of such order or such order as modified. i¤¤Sdi¢· (h) _ e circuit court of appeals shall have exclusive jurisdictiOI1 ` to review, and to ailirm, set aside, or modify, such orders of the Sew retaT_ and the decree of such court shall be final except that it shall Coiilgiew by S¤v¤¤¤¢ be su ject to review by the Supreme Court of the United States UP0}1 goo Es, so 1557. certiorari, as provided in section 240 of the Judicial Code, if such writ · ° °s Y °°'°°· is duly applied for withm sixty days after ent of the decree. Tlw issue of such writ shall not operate as a stay olfnhe decree of the circint court of appeals, m so ar as such decree operates as an injunction, unless so ordered by the Supreme Court.
 * ,,§§Y,p§,5"§',“°;`Li,¤1§€?" (f) If the court determines that the just and proper disposition of