Page:United States Statutes at Large Volume 53 Part 2.djvu/812

 PUBLIC LAWS-CH. 615-AUG. 9, 1939 Court procedure. The clerk of the court shall immediately cause a copy of the peti- tion to be delivered to the Secretary, and the Secretary shall forth- with prepare, certify, and file in the court a full and accurate tran- script of the record in such proceedings, including the complaint, the iAmendmentyof pe- evidence, and the report and order. If before such transcript is filed, the Secretary amends or sets aside his report or order, in whole or in part, the petitioner may amend the petition within such time as the court may determine, on notice to the Secretary. Temporary injunc- At any time after such transcript is filed the court, on application . of the Secretary, may issue a temporary injunction restraining, to the extent it deems proper, the person and his officers, directors, agents, and employees from violating any of the provisions of the order pending the final determination of the appeal. Evidence. The evidence so taken or admitted, duly certified and filed as afore- said as a part of the record, shall be considered by the court as the evidence in the case. The proceedings in such cases in the circuit court of appeals shall be made a preferred cause and shall be expe- dited in every way. Powers of court. The court may affirm, modify, or set aside the order of the Secre- tary. Reopening of hear- If the court determines that the just and proper disposition of. the case requires the taking of additional evidence, the court shall order the hearing to be reopened for the taking of such evidence, in such manner and upon such terms and conditions as the court may deem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings and his recommendations, if any, for the modification or setting aside of his order, with the return of such additional evidence. effect of court or- If the circuit court of appeals affirms or modifies the order of the Secretary, its decree shall operate as an injunction to restrain the person and his officers, directors, agents, and employees from violat- ing the provisions of such order or such order as modified. der; enforcement. or SEO. 411 . If any person against whom an order is issued under section 409 fails to obey the order, the Secretary of Agriculture, or the United States, by its Attorney General, may apply to the circuit court of appeals of the United States, within the circuit where the person against whom the order was issued resides or has his principal place of business, for the enforcement of the order, and shall certify and file with its application a full and accurate transcript of the record in such proceedings, including the complaint, the evidence the report, and the order. Upon such filing of the application and transcript the court shall cause notice thereof to be served upon the person against whom the order was issued. The evidence to be con- sidered, the procedure to be followed, and the jurisdiction of the court shall be the same as provided in section 410 for applications to set aside or modify orders. The proceedings in such cases shall be made a preferred cause and shall be expedited in every way. SEPARABILITY OF PROCEEDINGS sepability of pro- SE. 412 . The institution of any one of the proceedings provided for in sections 405, 409, 410, and 411, or criminal prosecution under Minor violations. section 406 shall not bar institution of any of the others. However, nothing in this Act shall be construed as requiring the Secretary of Agriculture to recommend prosecution or institution of libel pro- ceedings, cease-and-desist proceedings or proceedings for the enforce- 1288 [53 STAT.

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