Page:United States Statutes at Large Volume 48 Part 1.djvu/613

 73d C ONGRESS. SESS. II. CH. 120. APRIL 13, 1934 . 587 `` (c) If there appear to be, in the opinion of the Secretary, any vest•gationt and in- reasonable grounds for investigating any complaint made under this sect ion, the Sec reta ry s hall inv esti gate suc h co mpla int 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 opp ortunity for a hearing ther eon before a Service and h earing. duly authorized examiner of the Secretary in any place in which the said person is engaged in business : Provided That in complaints Proviso. pl Restr icti on, where wherein the amount claimed as damages does not exceed the sum damage does not ex- ceed $500 of $500 a hearing need not be held and proof in support of the com- Deposition, etc ., in plaint and in support of respondent's answer may be supplied in the lien form of depositions or verified statements of fact " ; SEC . 9 . That paragraph (d) of section 6 of the Perishable Agri- cultural Commodities Act, 1930, is hereby amended to read as follows " d After opportunity for hearing on complaints w here the dam- Determination by ages claimed eced the um of $500 has been provided or waived sec ret ary. and on complaints where damages claimed do not exceed the sum of $500 not requiring hearing as provided herein, the Secr etar y shall determine whether or not the commission merchant, dealer, or broker has violated any provision of section 2 ;" SEC . 10. That paragraph (e) of section 6 of the Perishable Agri- resident . Co mplaint by non- cultural Commodities Act, 1930, is hereby amended to read as follows "(e) In case a complaint is made by a nonresident of the United Bond required. States, the complainant shall be required, before any formal action is taken on his complaint, to furnish a bond in double the amount of the claim conditioned upon the payment of costs, including a reasonable attorney's fee for the respondent if the respondent shall prevail ;" SEC . 11 . That paragraph (b) of section 7 of the Perishable Agri- cultural Commodities Act, 1930, is hereby amended to read as follows "(b) If any commi ssion merch ant, d ealer, or br oker does not R epar ation order ; comply with an ord er fo r the paymen t of m oney within the t ime snit to collect . limit in such order, the complainant, or any person for whose bene- fit such order was made, may within one year of the date of the Venue of action. order file in the 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 c auses for whi ch he claims d amages and the order of the Secretary in the premises. The orders, writs, and Jurisdiction of dis- processes of the district courts may in these cases run, be served, and tri ct courts. be returnable anywhere in the United States. Such suit in the dis- trict court shall proceed in all respects like other civil suits for damages except that the findings and orders of the Secretary shall be prima-facie evidence of the facts therein stated, and the peti- tioner shall not be liable for costs in the district court nor for costs at any subsequent state of the proceedings unless they accrue upon his appeal. If the petitioner finally prevails, he shall be allowed a Attorney's fee. reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit ; " SEC . 1 2 . That a new paragraph le ttered (c) an d reading as f ol- low s is hereby a dded to secti on 7 of the Pe rishable Agri cultural Commodities Act, 1930 : "(c) Either party adversely affected by the entry of a reparation Reparation awards. order by the Secretary may, within thirty days from and after the ing Provi s appealss con eer n- date of such order, appeal therefrom to the district court of the