Page:United States Statutes at Large Volume 48 Part 1.djvu/929

 73d C ONGRESS. SESS. II. C H. 404. JUNE 6, 1934 . 903 this title or the rules and regulations thereunder. Any criminal pro- Ce8 enue ; criminal pro- ceeding may be brought in the district wherein any act or transac- tion constituting the violation occurred. Any suit or action to en- Actions to enforce force any liability or duty created by this title or rules and regula- liability, etc' tions thereunder, or to enjoin any violation of such title or rules and regulations, may be brought in any such district or in the district wherein the defendant is found or is an inhabitant or trans- acts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defend ant ma y be f ound. Judgments an d decrees so rendered shall Judgments. etc., sub- be subject to review as provided in sections 128 and 240 of the Judi-' voi 36,p.1133. cial Code, as amended (U.S .C ., title 28, sets . 225 and 347). No U.S .C., p s sss. costs shall be assessed for or against the Commission in any pro- ceeding under this title brought by or against it in the Supreme Court or such other courts. EFFECT ON E XIS TING LAW Effect on existing law . SEC. 28. (a) The rights and remedies provided by this title shall Rights and remedies under Act to be addi- be in addition to any and all other rights and remedies that may tional. exist at law or in equity ; but no person permitted to maintain a suit Amount recover- for damages under the provisions of this title shall recover, through able as damages. satisfaction of judgment in one or more actions, a total amount in excess of his actual damage s on account of the act com plained of. Nothing in this title shall affect the jurisdiction of the securities Juris dicti on of Stat e commission (or any agency or officer performing like functions) of commissions. any State over any security or any person insofar as it does not con- flict with the provisions of this title or the rules and regulations thereunder. (b) Nothing in this title shall be construed to modify existing Laws governing rela- tionsbips bet we en law (1) with regard to the binding effect on any member of any members and ex change exchange of any action taken by the authorities of such exchange to authorities. settle disputes between its members, or (2) with regard to the binding effect of such action on any person who has agreed to be bound thereby, or (3) with regard to the binding effect on any such member of any disciplinary action taken by the authorities of the exchange as a result of violation of any rule of the exchange, insofar as the action taken is not inconsistent with the provisions of this title or the rules and regulations thereunder. VALIDITY OF CONT RACTS Validity of contracts. SEC. 29. (a) Any condition, stipulation, or provision binding any vola conditions, person to waive compliance with any provision of this title or of any stipulations, etc. rule or regulation thereunder, or of any rule of an exchange required thereby shall be void. (b) Every contract made in violation of any provision of this Contracts. title or of any rule or regulation thereunder, and every contract (including any contract for listing a security on an exchange) heretofore or hereafter made the performance of which involves the violation of, or the continuance of any relationship or practice in violation of, any provision of this title or any rule or regulation thereunder, shall be void (1) as regards the rights of any person who, in violation of any such provision, rule, or regulation, shall have m ade or engag ed in the p erform ance o f any such contra ct, and (2) as regards the rights of any person who, not being a party to such contract, shall have acquired any right thereunder with actual knowledge of the facts by reason of which the making or performance of such contract was in violation of any such provi- sion, rule or regulation.