Page:United States Statutes at Large Volume 46 Part 1.djvu/579

 536 SEV ENTY- FIRS T C ONGRESS. SEss. II. CH. 436. 1930 . General provisions. GENERAL PROVISIONS Violations subject to civil penalties may be SEC. 12. The Secretary may report an violation of this Act for Genrted to Attorn ey which a civil penalty is provided to the Attorney General of the United States, who shall cause appropriate proceedings to be com- menced and prosecuted in the proper courts of the United States Court costs, etc. without delay. The costs and expenses of such proceedings shall be paid out of the appropriation for the expenses of the courts of the Inspection of dealers, United States. etc ., accounts, et c., SEC. 13. (a) In the investigation of complaints under this Act, while investigating the Secretary or his duly authorized agents shall have the right to comp laints. inspect such accounts, records, and memoranda of any commission merchant, dealer, or broker as may be material for the determina- to permit. penal ties for refusal tion of any such complaint. If any such commission merchant , dealer, or broker refuses to permit such inspection, the Secretary may publish the facts and circumstances and/or, by order, suspend the license of the offender until permission to make such inspection Hearings, issue of is given. Subpoenas, etc. (b) The Secretary, or any officer or employee designated by him for such purpose, may hold hearings, sign and issue subpoenas, administer oaths, examine witnesses, receive evidence, and require by subpoena the attendance and testimony of witnesses and the pro- duction of such accounts, records, and memoranda as may be material for the determination of any complaint under this Act. Court order to com- pel attendance. (c) In case of disobedience to a subpoena, the Secretary or any of his examiners may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of accounts, records, and memoranda. Any district Failure, a contempt court of the United States within the jurisdiction of which any of court' hearing is carried on may, in case of contumacy or refusal to obey a subpcena issued to any person, issue an order requiring the person to appear before the Secretary or his examiner or to produce accounts, records, and memoranda if so ordered, or to give evidence touching any matter pertinent to any complaint ; and any failure to obey such order of the court shall be punished by the court as a contempt iz depositions author- th (d) The Secretary may order testimony to be taken by deposition in any proceeding or investigation or incident to any complaint pend- ing under this Act at any stage thereof. Such depositions may be taken before any person designated by the Secretary and having power to administer oaths. S uch te stim ony sh all be red uce d t o writing by the person taking the deposition or under his direction and shall then be subscribed by the deponent. Any person may be com pelle d to appe ar an d dep ose and t o pro duce acco unts, rec ords, and memoranda in the same manner as witnesses may be compelled to appear and testify and produce accounts, records, and memo- randa before the Secretary or any of his examiners. witness fees' (e) Witnesses summoned before the Secretary or any officer or employee designated by him shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and wit- nesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like serv- ice in the courts of the U nited States. Attendance, etc ., (f) No person shall be excused from attending, testifying , Y ans we r- .ompulsory. Ing any lawful inquiry, or deposing, or from poducing an 'y mentary evidence, before the Secretary or any officer or employee designated by him, in obedience to the subpeena of the Secretary or any such officer or employee, in any cause or proceeding, based upon criminal immunity. or growing out of any alleged violation of this Act, or upon the taki ng of any depo sitio n he rein provi ded for, upon the groun d or

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