Page:United States Statutes at Large Volume 49 Part 1.djvu/910

 74TH CONGR ESS. SESS. I. CH. 689. AUG UST 26, 1935. modified or set aside in whole or in part. A copy of such petition shall be forthwith served upon the Secretary of the Treasury, or upon any officer designated by him for that purpose, and thereupon the Secretary of the Treasury shall certify and file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript such court shall have exclusive jurisdiction to affirm, modify, or set aside such order, in whole or in part. No objection to the order of the Secretary of the Treasury shall be considered by the court unless such objection shall have been urged before the collector or chief officer of customs or unless there were reasonable grounds for failure so to do. The finding of the Secretary of the Treasury as to the facts, if supported by substantial evidence, shall be conclusive. If any par ty s hall apply to the court for leave to adduce additional evidence, and shall show' to the satisfaction of the court that such additional evidence is mate rial and tha t th ere were rea sona ble grou nds for fail ure to adduce such evidence in the proceeding before the collector or chief officer of customs, the court may order such additional evidence to be taken before the collector or chief officer of customs and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Secretary of the Treasury may modify his findings as to the facts by reason of the additional evidence so taken, and he shall file with the court such modified or new findings, which, if supported by substantial evi- dence, shall be conclusive, and his recommendation, if any, for the modification or setting aside of the original order. The judgmen t and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Secretary of the Treasury shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (U. S. C., title 28, sees. 346 and 347). The commencement of proceedings under this sub- section shall, unless specifically ordered by the court, operate as a stay of the Secretary of the Treasury's order. "(c) PRIOR L1cENsEs .-Licenses issued under the Act of June 10, 1910 (36 Stat. 454 ; U. S. C., title 19, sec. 415), or under the provi- sions of subd ivision ( a) of th is secti on prior to the effectiv e date of this amendment, shall continue in force and effect, sub j ect to sus- pension and revocation as provided in subdivision (b) of this section . " (d) REG ULAt iONS BY SECRE TARY .-The Secretary o f the Trea s- ury shall prescribe such rules and regulations as he may deem neces- sary to protect importers and the revenue of the United States, and to carry out the provisions of this section, including rules and regu- lations requiring the keeping of books, accounts, and records by customhouse brokers, and the inspection thereof, and of their papers, documents, and correspondence by, and the furnishing by them of information relating to their business to, any duly accredited agent of the United States ." SEC . 5. Subdivision (e) of section 641 of such Act is hereby repealed . Approved, August 26, 1935 . 104019'-36 55 Procedure . 865 Additional evidence may be admitted . Effect on findings . Subject to Supreme Court review . U.S.C.,p.1271. Proceedings a stay of orde r. Force and effect of prior licenses . Vol.36, p.464. U.S. C.,p.819. Regulations by Sec- reta ry . Provision repealed . Vol . 46, p. 760, re- pealed.