Page:United States Statutes at Large Volume 42 Part 1.djvu/193

 SIXTY-SEVEN TH CONGRESS. Sess. I. C11. 64. 1921. 165 tice goes into effect, the Secretary may make such order with reference thereto as would be proper in a proceeding initiated after it had _ becomeelfective. If any such hearing can not be concluded within .E”°“S‘°“ °’S“SP°¤‘ the period of suspension the Secretary may extend the time of sus- mm pension_for a further period not exceeding thirty days, and if the 1agliii§g°iiS¤¢°3i)e`Qi°lri¤»ii proceeding has not been concluded and an order made at the expira- °*“‘°"· tion of such thirty days, the proposed change of rate, charge, regulation, og-ipractice shall go into effect at the end of such period. _ _ _ _ (f) ter the expiration of the sixt days referred to in subdivi- Pr°l"l”°°”S‘ _ sion (a) no person shall carry on the business of a stockyard owner wiliiyiiirigwiilaiiidl or market agency unless the rates and charges for the stockyard °‘°· services furmshe at the stockyard have been Bled and published in accordance with this section and the orders of the Secretary made . thereimder; nor charge, demand, or collect a greater or less or differ- s ¢gi?é°ie.°h°n ent comppnsation for such services than the rates and charges speci- Bedin the schedules Bled and in effect at the time; nor refund or agfrufgingotggniii remit in any manner any portion of the rates or charges so specified ““°“‘*"‘°“‘· (but this s all not prohibit a cooperative association of producers from bona Bde returningl to its members, on a atronage-basis, its excess earnings on their `ve stock, subject to such regulations as the E di Secretary may prescribe); nor extend to any person at such stock- tmiiiszixwgeiiirielighi yagddlalny stockyard services except such as are specified in such ‘“°S· sc e es. (g) Whoever fails to comply with the provisions of this section pui;°¤l3lt¥¤i‘5i°°Pi¤°:§; or of any regulation or order of the Secretary made thereunder shall °‘°· be liable to a penalty of not more than $500 for each such offense, and not more than $25 for each day it continues, which shall accrue R to the United States and may be recovered in a civil action brought °°°v°"` by the United States. 1, .1 H wm (h) Whoever willfull fails to comply with the provisions of this xuimauuil. °' section or of any reguliition or order of the Secretary made thereunder shall on conviction be Bned not more than $1,000, or imprisoned not more than one ear, or both. $,0,,,,,,,, mmm Sec. 307. It shall be the duty of every stockyard owner and market {dbs iggigrggsmgig agency to establish, observe, and enforce just, reasonable, and non- my. discriminatory regulations and practices in respect to the furnishing U,,,,,,,, 6,% ,,,,,,,,,,_ of stockyard services, and every unjust, unreasonable, or discrimina- M- tory regulation or practice is prohibited and declared to be unlawful. ,,,,,,,,,,,y to ,,,,,0,,, Sec. 308. (a) If any stockyard owner, market agency, or dealer, gg;;g;¤ br v*¤*¤¤¤¤¤¤ violates any of the provisions of sections _304, 305, 306, or 307, or of ` any order of the Secretary made under this title he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation. _ ;,,,;.,.w,.,,,,, (b) Such liability may be enforced either (1) by complaint to the Secretary as provided in section 309, or (2) by_ suit in any district court of the United States of competent Lurisdiction; but this section shall not in any way abridge or alter t_ e remedies now existufrg at common law or by statute, ut the provisions of this Act are in d1- tioéi to such(r¢·§mXd1ies. I _ _ f _ d ucd vmsmm traces `EC.  8. TSOD. COID 0 8IIy 0l1801°0IIl1 • Com king to ha to be done by any stirocpliyard ownldr, marlret agency, or dealer (herein- md with $¤¤°*•*Y· after in this section referred to as the " defendant") in violation of the provisions of sections 304, 305, 306, or 307, or of an order of the Secretary made under this title, may, at any time within ninety days after the cause of action accrues, applyx to the Secretary bF·P6t1bI0]1 which shall briefly state the facts, w ereupon the comp amt thus ,),,,,,1,,,, ga r,. made shall be forwarded by the Secretary to the defendant, who_shall °*“°'* ”P""°““"‘· be called upon to satisfy the complaint, or to answer it in wntmg, mbmmaamm within a reasonable time to be_ specified by the Secretary. the '°¤¤'*°’°”· defendant within the time spec1Bed makes reparation for the injury