Page:United States Statutes at Large Volume 46 Part 1.djvu/578

 SEVEN TY-F IRST CONGRESS. SEss. II. CH. 436. 1930 . 535 (b) If any com mission merchant, dealer, or brok er does not compl y if oSuit rde r compl ainant not compl ied with an order for the payment of money within the time limit in such with. order, the complainant, or any person for whose benefit such order was made, may within one year of the date of the order file in the venue of action. district court of the United States for the district in which he resides or in which is located the principal place of business of the commission merchant, dealer, or broker, or in any State court having general jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages and the order of the Secre- tary in the premises. Such suit in the district court shall proceed of fiPrima ndings ev ide nce of Secretar in all respects like other civil suits for damages except that the findings and orders of the Secretary shall be prima facie evidence Pet itioner not liab le of the facts therein stated, and the petitioner shall not be liable for for court costs, except. costs in the district court nor for costs at any subsequent state of the mg for appeal. proceedings unless they accrue upon his appeal. If the petitioner Attorne ys fee al- finally prevails, he shall be allowed a reasonable attorney's fee, to lowed petitioner. be taxed and collected as a part of the costs of the suit. SUSPE NSION AND REVO CATIO N OF LICEN SE Suspension and revo- cation of license. Penalties for viola- tions of pro vis ions herein. SEC. 8 . Whenev er the S ecretary determin es, as p rovided in secti on 6, that any commission merchant, dealer, or broker has violated any of the provisions of section 2, he may publish the facts and circum- stances of such violation and/or, by order, suspend the license of such offender for a period not to exceed ninety days, except that, if the violation is a flagrant or repeated violation of such provisions, the Secretary may, by order, revoke the license of the offender. ACCOUNTS AND RECORDS Accounts and rec- ords. Dealers, etc ., to keep, SEC. 9 . Every commission merchant, dealer, and broker shall keep of transactions, such accounts, records, and memoranda as fully and correctly dis- clo se all t ransactio ns invol ved in h is busin ess, incl uding th e true ownership of such business by stockholding or otherwise. If such compliance. Pe nalt ies for non- accounts, records, and memoranda are not so kept, the Secretary may publish the facts and circumstances and/or, by order, suspend the license of the offender for a period not to exceed ninety days. Ef fect ive date and EFFE CTIV E DA TE AND F INAL II Y OF ORDER fi nality of or der. SEC. 10. Any order of the Secretary under this Act other than an As prescribed in the order for the payment of money shall take effect within such reason- orde r. able time, not less than ten days, as is prescribed in the order, and shall continue in force until his further order, or for a specified period of time, accordingly as it is prescribed in the order, unless such order is suspended, modified, or set aside by the Secretary or is suspende d, modifi ed, or s et aside by a co urt of co mpetent juris- Final, sub jec t to diction. Any such order of the Secretary, if regularly made, shall court d cision. b e final, unless before the date prescribed for its taking effect appli- cation is made to a court of competent jurisdiction by the commission merchant, dealer, or broker against whom such order is directed to have such order set aside or its enforcement, operation, or execu- tion suspended or restrained. INJUNCTIONS Injunctions. SEC. 11. For the purposes of this Act the provisions of all laws ora s of Interstate relating to the suspending or restraining of the enforcement, opera- commerce Commis- tion, or execution, or the setting aside in whole or in part, of the sion made applicable. or ders of t he In terst ate Comme rce C ommi ssion are made appl icabl e to orders of the Secretary under this Act and to any person subject to the prov isions of this Ac t.

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