Page:United States Statutes at Large Volume 46 Part 1.djvu/577

 534 SEVENTY-FIRST CONGRESS. SEss. II. Cu. 436. 1930 . Damages . f or, De ale r, e rson .°ij able SEC. 5 . (a) If any commission merchant, dealer, or broker vio- by unlawful act. lates any provision of paragraph (1), (2), (3), or (4) of sect ion 2 a,,te, p. 532 . he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation. Liability enforced by (b) Such liability may be enforced either (1) by complaint to appeal to Secretary or Jud icial pr oceeding. the Secretary as hereinafter provided, or (2) by suit in any court of competent jurisdiction ; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, and the provisions of this Act are in addition to such remedies. Com plain t and in- vestigation. Petition of individual co mplainan t to the Sec- retary. Copy to dealer, etc. Petition of State, etc ., agencies claiming viola- tion and requesting in- vestigation. Inv est iga tio n and service of complaint. Hearing. Act ion by Secr eta ry. Complaint by non- resident of United States. Bond required. Reparation order. After hearing, Secre- tary to determine dam- ages resulting and is- sue, therefor. Ante, p . 532 . LIA BILI TY TO PERS ON DA MAGED COMPLAINT AND INVESTIGATION SEC. 6. (a) Any person complaining of any violation of any pro- vision of section 2 by any commission merchant, dealer, or broker may, at any time within nine months after the cause of action accrues, apply to the Secretary by petition, which shall briefly state the facts, whereupon, if, in the opinion of the Secretary, the facts therein contained warrant such action, a copy of the complaint thus made shall be forwarded by the Secretary to the commission merchant, dealer, or broker, who shall be called upon to satisfy the complaint, or to answer it in writing, within a reasonable time to be prescribed by the Secretary. (b) A ny offic er or ag ency of any State or Terr itory ha ving jur is- diction over commission merchants, dealers, or brokers in such State or Ter ritory and any employee of the United States Department of Agriculture or any interested person, may file, in accordance with rules and regulations of the Secretary a complaint of any violation of any provision of section 2 by any commission merchant, dealer, or broker, and may request an investigation of such complaint by the Secretary. (c) If there appear to be, in the opinion of the Secretary, any reasonable grounds for investigating any complaint made under this section, the Secretary shall investigate such complaint and may, if in his opinion the facts warrant such action, have said complaint served by registered mail or otherwise on the person concerned and afford such person an opportunity for a hearing thereon before a duly authorized examiner of the Secretary in any place in which the said person is engaged in business. (d) After an opportunity for a hearing on a complaint the Secre- tar y shall determine whether or not the comm ission me rchant, dealer, or broker has violated any provision of section 2. (e) In case complaint is made by a nonresident of the United States before any action is taken thereon, that the complainant shall be required to furnish a bond of double the amount of the claim, the bond to be conditioned upon the payment of costs, including attorney's fees of respondents, in case of failure to sustain the case. REPARATION ORDER SEC. 7. (a) If after a hearing on a complaint made by any person under section 6 the Secretary determines that the commission mer- chant, dealer, or broker has violated any provision of paragraph (1), ( 2), ( 3), or (4) of sec tion 2, he shall, unless the offen der has already made reparation to the person complaining, determine the amount of damage, if any, to which such person is entitled as a result of such violation and shall make an order directing the offender to pay to such person complaining such amount on or before the date fixed in the order.

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