Page:United States Statutes at Large Volume 48 Part 1.djvu/614

 588 73d C ONGRESS. SESS. II. CH. 120. AP RIL 13, 1934. United States for the district in which said hearing was held. Such appeal shall be perfected by the filing of a notice thereof together with a petition in duplicate which shall recite prior proceedings before the Secretary, and shall state the grounds upon which peti- tioner relies to defeat the right of the adverse party to recover the damages claimed, with the clerk of said court with proof of service thereof upon the adverse party. The clerk of court shalt imm edia tely for ward a c opy ther eof to t he S ecre tary of Agri cult ure, who shall forthwith prepare, certify, and file in said court a true copy of the Secretary's decision, findings of fact, conclusions, and order in said case, together with copies of the pleadings upon which the case was heard and submitted to the Secretary. Suc h suit in the district court shall be a trial de novo and shall proceed in court costs, att or- all respects like other civil suits for damages, except that the find- ney's fee, etc. ings of fact and order or orders of the Secretary shall be prima- facie evidence of the facts therein stated. Appellee shall not be liable for costs in said court and if appellee prevails he shall be allowed a reasonable attorney's fee to be taxed and collected as a part of his costs. Such petition and pleadings certified by the Sec- retary upon which decision was made by him shall upon filing in 'the district court constitute the pleadings upon which said trial de novo shall proceed subject to any amendment allowed in that court ; " SEC. 13. That a new paragraph lettered (d) and reading as fol- lows is hereby added to section 7 of the Perishable Agricultural Commodities Act, 1930 : If appeal not taken "(d) Unless the licensee against whom a reparation order has been in5 days or payme nt made, license to auto- issued shows to the satisfaction of the Secretary within five days from matically suspend. the expiration of the period _allowed for compliance with such order that he has either taken an appeal as herein authorized or has made payment in full as required by such order his license shall be sus- pended automatically at the expiration of such five-day period until he shows to the satisfaction of the Secretary that he has paid the amount therein specified with interest thereon to date of payment ;" SEC. 14 . That a new paragraph lettered (b) and reading as fol- lows is hereby added to section 8 of the Perishable Agricultural Commodities Act, 1930 : Injunction to restrain "(b) In addition to being subject to the penalties provided by see- defendant from engag- ing in business. tion 3 (a) of this Act, any commission merchant, dealer, or broker, who engages in or operates such business without an unsuspended and unrevoked license from the Secretary, shall be liable to be pro- ceeded against in any court of competent jurisdiction in a suit by the United States for an injunction to restrain such defendant from further continuing so to engage in or operate such business, and, if the court shall find that the defendant is continuing to engage in such business without an unsuspended and unrevoked license, the court shall issue an injunction to restrain such defendant from continuing to engage in or to operate such business without such license ." SEC . 15 . That section 14 of the Perishable Agricultural Commodi- ties Act, 1930, is hereby amended to read as follows : Inspe ctor s au thor- " S E C. 1 4 . The Sec retary is here by authorized, independent ly and tied to certify tion of c ommodities . in cooperation with other branches of the Government State, or municipal agencies, and/or any person, whether operating in one or more jurisdictions, to employ and/or license inspectors to inspect and certify, without regard to the filing of a complaint under this Act, to any interested person the class, quality and/or condition of any lot of any perishable agricultural commodity when offered for ice Payment for serv- interstate or foreign shipment or when received at places where the Secret ary sha ll fin d it pr acticab le to provide such s ervice, under such