Page:United States Statutes at Large Volume 49 Part 1.djvu/609

 564 74TH CONGRESS. SESS. I. CH. 498 . AU GUST 9, 1935 . Serv ice i n def ault of filed. In default of such designation, service of any notice or order designation. may be made by posting in the office of the secretary or clerk of the board of the State wherein the motor carrier maintains headquarters Time eco nsid ered whenednotice and in the office of the secretary of the Commission. Whenever co notice is given by mail as provided herein the date of mailing shall be considered as the time when notice is served. Orders of Commis- a (b) Except as otherwise provided in this part, all orders of the sion; effective date. Commission shall take effect within such reasonable time as the Commission may prescribe and shall continue in force until its fur- ther order, or for a specified period of time, according as shall be prescribed in the order, unless the same shall be suspended or modi- fied or set aside by the Commission, or be suspended or set aside by a court of competent jurisdiction. Designation of agent "(c) Every motor carrier shall also file with the board of each for service of process. State in which it operates a designation in writing of the name and post-office address of a person in such State upon whom process is sued by or unde r the au thority of any court h aving ju risdict ion of the subject matter may be served in any proceeding at law or eq uity bro ught ag ainst su ch carr ier . Such designation may from Ser vice in de fault of time to time be changed by like writing similarly filed . In the event desig natio n . such carrier fails to file such designation, service may be made upon any agent of such motor carrier within such State . "Motor carrier" to »(d) As used in this section . the term `motor carriers' includes include broker. brokers . Unlawful operation . u UNLAWI UL OPERATION Pena lty for vi olating » SEC. 222. (a) Any person knowingl provisions . and willfully violating any provision of this part, or any rule, regulation, requirement, or order thereunder, or any term or condition of any certificate, permit, or license, for which a penalty is not otherwise herein provided, shall, upon conviction thereof, be fined not more than $100 for the first offense and not more than $500 for any subsequent offense . Each Proceedings to en- day of such violation shall constitute a separate offense . force prov ision s ; ex- (b) If any motor carrier or broker operates in violation of any cept ion . provision of this part (ex cept as to the reasonable ness of rates, fares, or charges and the discriminatory character thereof, or any rule, regulation, requirement, or order thereunder, or o any term or conditio n of an y certif icate o r permit, the C ommissio n or it s duly authorized agent may apply to the district court of the United States for any district where such motor carrier or broker operates, for the enforcement of such provision of this part, or of such rule, Jurisdict ion ofcour t. court. regulation, requirement, order, term, or condition ; and such court shall have jurisdiction to enforce obedience thereto by a writ of in- junction or by other process, mandatory or otherwise, restraining such carrier or broker, hi s or its officers, agents, employees, and rep- resentatives from further violation of such provision of this part or of such rule, regulation, requirement, order, term, or condition and enjoining upon it or them obedience thereto. Penalty f or offerin g, " ( c) Any person, whether carrier, shipper, consignee, or broker, ptu torin g, etc ., re- bates, discrimi nations, or any officer employee, agent, or representative thereof, who shall etc . knowin 1 ofrer, g rant, or g ive or solicit, accept, or receive an gY rebate, concession, or discrimination in violation of any provision of this part, or who by means of any false statement or representation, or by the use of any false or fictitious bill bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device, shall knowingly and willfully assist, suffer or permit any person or persons, natural or artificial, to obtain transportation of passengers or property sub-