Page:United States Statutes at Large Volume 48 Part 1.djvu/1126

 1100 Co mplaint s against ca rrier s for dama ges. Actions for recovery of overcharges. Extension of limita- tion period. Action respecting transmission of mes- sa ge. Pet ition for enfo rce- men t of order for mone y payment. "Overcharges" con- stru ed. Orders of Commis- sion. Service upon desig- nated agent. Modification of, upon notice given. Compliance with, re- quired. Penal provisions. General penalty. Violations of rules, ,egulations. 73d CONGRESS. SESS. II. CH. 652. JUNE 19, 1934. (b) All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within one year from the time the cause of action accrues, and not after, subject to subsection (d) of this section. (c) For recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers within one year from the time the cause of action accrues, and not after, subject to subsection (d) of this section, except that if claim for the over- charge has been presented in writing to the carrier within the one- year period of limitation said period shall be extended to include one year from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice. (d) If on or before expiration of the period of limitation in sub- section (b) or c) a carrier begins action under subsection (a) for recovery of law 1 charges in respect of the same service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier . (e) The cause of action in respect of the transmission of a message shall, for the pur poses of this section, be d eemed to accr ue upon delivery or tender of delivery thereof by the carrier, and not after . (f) A petition for the enforcement of an order of the Commission for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after . (g) The term " ove rcharges " as used in thi s section sha ll be deemed to mean charges for services in excess of those applicable thereto under the schedules of charges lawfully on file with the Commission. PRO VISION S REL ATING TO OR DERS SEC. 416. (a) Every order of the Commission shall be forthwith served upon the designated agent of the carrier in the city of Wash- ington or in such ot her manner as may be provid ed by law. (b) Except as otherwise provided in this Act, the Commission is hereby authorized to suspend or modify its orders upon such notice and in such manner as it shall deem proper. (c) It shall be the duty of every person, its agents and employees, and any receiver or trustee thereof, to observe and comply with such orders so long as the same shall remain in effect . TITLE `T-PEN AL PROVISIO NS-FORFEITUR ES GENERAL PENALTY SECTION 501 . Any person who willfully and knowingly does or causes or suffers to be done any act, matter, or thing, in this Act prohibited or declared to be unlawful, or who willfully and know- ingly omits or fails to do any act, matter, or thing in this Act required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be punished for such offense, for which no penalty (other than a forfeiture) is provided herein, by a fine of not more than $10,000 or by imprison- ment for a term of not more than two years, or both. VIOLATIONS OF RULES, REGULATIONS, AND SO FORTH SEC. 502 . Any person who willfully and knowingly violates any rule, regulation, restriction, or condition made or imposed by the Commission under authority of this Act, or any rule, regulation,