Page:United States Statutes at Large Volume 50 Part 1.djvu/754

 75TH CONGRESS, 1ST SESSION-CH. 719 -AUGUST 20, 1 937 mines that the commission merchant, dealer, or broker has violated any provision of section 2, he shall, unless the offender has already made reparation to the person complaining, determine the amount of damage, if any, to which such person is entitled as a result of such violation and shall make an order directing the offender to pay to such person complaining such amount on or before the date fixed in the order ; "(b) If any commission merchant, dealer, or broker does not pay the reparation award within the time specified in the Secretary's order, the complainant, or any person for whose benefit such order was made, may within three years of the date of the 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 com- mission merchant, dealer, or broker, or in any State court having general jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages and the order of the Secre- tary in the premises . The orders, writs, and processes of the dis- trict courts may in these cases run, be served, and be returnable anywhere in the United States . Such suit in the district court shall proc eed i n all resp ects l ike o ther civil suits for damag es, e xcept that the findings and orders of the Secretary shall be prima-f acie evi- dence of the facts therein stated, and the petitioner 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 peti- tioner finally prevails, he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit ; s "(c) Either party adversely affected by the entry of a reparation order by the Secretary may, within thirty days from and after the date of such order, appeal therefrom to the district court of the 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 Secr etary, and shall stat e the groun ds up on wh ich p etitio ner r elies 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, together with a bond in double the amount of the reparation award conditioned upon the payment of the judg- ment entered by the court plus interest and costs, including a reason- able attorney's fee for the appellee, if the appellee shall prevail . The clerk of court shall immediately forward a copy thereof to the Secre- tary of Agriculture, 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 Secre- tary. Such suit in the district court shall be a trial de novo and shall pro ceed in all resp ects like other civil suit s for dama ges, e xcept that the findings 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 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 Secre- tary upon which decision was made by him shall upon filing in the district court constitute the pleadings upon which said trial de novo hall p roceed subject to any amendment allowed in that court ; "(d) Unless the licensee against whom a reparation order has been issu ed sh ows t o the satis facti on of the Secret ary w ithin five days from 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 .Jurisdiction . Attorney's fee . Pleadings . 729 Suit by complainant to enforc e payment . Venue of action . Fin dings of S ecre- tary as prima-facie evidence of facts . Appeal ; proceed- ings. Filing of petition, bond, etc. Copy to Secretar y of Agriculture . Suit in district court tobeatrialdenovo. Suspension of li - cense for failure to obey reparation order or to appeal.