Page:United States Statutes at Large Volume 42 Part 1.djvu/195

 srxrr-SEVENTH oononnss. sms. r. ou. e4. 1921. 167 mand, or collect any rate or charge for the furnishing of stockyard services other than the rate or charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be; and (3) shall conform to and observe the regulation or aii°bI§i{’iI§1gu1¤ii°¤s¥°'° practice so prescribed. _ _ Sec. 311. Wheneverin any investigation under the provisions of this  not "' title, or in any mvestigation instituted by petition of the stockyard ,§sgQ§,§g,°§,;m°°r£ owner ormarket agency concerned, which petition is hereby authorized iim as m,_ ami-°1mt to be filed, the Secretary after full hearing finds that any rate, char e, §{{’,{¤,§°t§',2S°°§}.?: regulation, or practice of any stockyard owner or market agency, gor m°*°•* or in connection with the buying or selling on a commission basis or otherwise, receivin, marketing, feeding, holding, delivery, shipment, weiighmg, or handing, not in commerce, of live stock, causes any un ue or unreasonable advantage, prejudice, or reference as between persons or localities in intrastate commerce inlfive stock on the one and and mterstate or foreign commerce in live stock on the other hand, or any undue, unjust, or unreasonable discrimination against interstate or forei commerce in live stock, which is hereby forbidden and declared to Egunlawful, the Secretary shall prescribe the rate, charge, regulation, or practice thereafter to be observed, in such manner as, in his judgment, will remove such advantage, preference, or dis- R,,,,,s, ,,,,,__ to b, crimination. Such rates, charges, regulations, or practices shall be g}>¤;t*;t¤;ih;;¤gt;¤*iv¤ observed while in effect by the stock ard owners or market agencies ' parties to such proceeding affected tliereby, the law of any State or the decision or order of any State authority to the contrary notwithstandm' g. Sec. 312. (a) It shall be unlawful for any stockyard owner, market y,,,L,§§f’ “‘°°" °‘ ’°°°"‘ agency, or dealer to engage in or use any unfair, unjustly discrimi- 8s1{°¤1·;¤;·;,_¤f;¤=v-,;£_¤¢¢i¤¤ natory, or deceptive practice or device in connection with the receiv— ' ing, marketing, bu or selling on a commission basis or otherwise, feeding, watering, hiilging, delivery, shi ment, weighing or handling, in commerce at a stockyard, of live stocgr. (b) Whenever complaint is made to the Secretary by any person, vi,,°f,Q‘}}’§,,§‘}§i,°,?°,s,$?,f§T or whenever the Secretary has reason to believe, that any stockyard owner, market agency, or dealer is violatinv the provisions of subdivision (a), the Secretary after notice and friill hearing may make an order that he shall cease and desist from continuing such violation to the extent that the Secretary finds that it does or will exist. Sec. 313. Except as otherwise provided in this Act, all orders of d§`§k},“,§,$°°&*,§‘ § the Secreta under this title, other than orders for the payment of m°¤°Y· mone, shall7take effect within such reasonable time, not ess than five diays, as is prescribed in the order and shall continue in force until his further order, or for a specificd(period of time, accor%&as is prescribed in the order, unless such or er is suspended or m ed or set aside by the Secretary or is suspended or set aside by a court of competent °urisdiction. Sec. 314. (Ja) Any stockyard owner, market agency, or dea1er 0b{fy¤¤gg,_f¤f·¤i¤¢*¤ who knowingly fails to obey any order made under the provisions of ' sections 310, 311, or 312 shall forfeit to the United States the sum of $500 for each offense. Each distinct violation shall be a separate offense, and in case of a continuing violation each day shall be deemed a separate offense. Such forfeiture shall be recoverable rn B¤¤¤v•ry· a civil suit in the name of the United St-ates. _ (b) It shall be the duty of the various district attorneys, under  ‘“" the direction of the Attorney General, to prosecute for the recovery of forfeitures. The costs and expense of such prosecution shall be aid out of the appropriation for the expenses of the courts of the United States. _ _, Sec. 315. If any stockyard owner, market agency, or dealer fails dm_ °" to obey asly order of the Secretag other than for the payment of m§¤¤;¢1:8¤h¢:·_§¤*_n~¤;r#,,' money w e the same rs in effect, e Secretary, or any party injured mém.