Page:United States Statutes at Large Volume 53 Part 2.djvu/894

 PUBLIC LAWS-CH. 666 -AUG. 10, 1939 Reviewof Boardde- "(5) Decisions of the Board under this subsection shall be review- able by commencing a civil action in the district court of the United States as provided in subsection (g) hereof. ssuanc of subpe- "(d) For the purpose of any hearing, investigation, or other pro- ceeding authorized or directed under this title, or relative to any other matter within its jurisdiction hereunder, the Board shall have power to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question before the Board. Such attendance of witnesses and production of evidence at the designated place of such hearing, investigation, or other proceeding may be required from any place in the United States or in any Territory Serviceofsubpenas. or possession thereof. Subpenas of the Board shall be served by anyone authorized by it (1) by delivering a copy thereof to the individual named therein, or (2) by registered mail addressed to such individual at his last dwelling place or principal place of busi- Proof of service ness. A verified return by the individual so serving the subpena setting forth the manner of service, or, in the case of service by registered mail, the return post-office receipt therefor signed by the iFees and mileage o individual so served, shall be proof of service. Witnesses so sub- penaed shall be paid the same fees and mileage as are paid witnesses in the district courts of the United States. Court order reuir- "(e) In case of contumacy by, or refusal to obey a subpena duly ena. served upon, any person, any district court of the United States for the judicial district in which said person charged with contumacy or refusal to obey is found or resides or transacts business, upon appli- cation by the Board, shall have jurisdiction to issue on order requiring such person to appear and give testimony, or to appear and produce Failure to obey; pen- evidence, or both; any failure to obey such order of the court may be punished by said court as contempt thereof. siviege tagainstn "(f) No person so subpenaed or ordered shall be excused from attending and testifying or from producing books, records, corre- spondence, documents, or other evidence on the ground that the testi- mony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no person shall be prose- cuted or subjected to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify Perjury, or produce evidence, except that such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. cisRn of Boar de "(g) Any individual, after any final decision of the Board made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within sixty days after the mailing to him of notice of such decision or within such further time as the Board may allow. tiong of ivil a Such action shall be brought in the district court of the United States for the judicial district in which the plaintiff resides, or has his prin- cipal place of business, or, if he does not reside or have his principal Filing of evidencplace of business within any such judicial district, in the District Court etc., by Board, of the United States for the District of Columbia. As part of its answer the Board shall file a certified copy of the transcript of the record including the evidence upon which the findings and decision Court udgent complained of are based. The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Board, with or without Conlsivness o remanding the cause for a rehearing. The findings of the Board Board's fludings of fact. as to any fact, if supported by substantial evidence, shall be conclusive, vQueion to be r and where a claim has been denied by the Board or a decision is rendered under subsection (b) hereof which is adverse to an individual 1370 [53 STAT.

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