Page:United States Statutes at Large Volume 58 Part 1.djvu/661

 58 STAT.] 78TH CONG., 2D SESS.-CH. 325--JUNE 30, 1944 question was neither wilfull nor the result of failure to take practicable precautions against the occurrence of the violation. For the purposes Payment of rent of this section the payment or receipt of rent for defense-area housing commodity. accommodations shall be deemed the buying or selling of a commodity, as the case may be; and the word 'overcharge' shall mean the amount "Overcharge." by which the consideration exceeds the applicable maximum price. If miuntrator to ini- any person selling a commodity violates a regulation, order, or price tute action- schedule prescribing a maximum price or maximum prices, and the buyer either fails to institute an action under this subsection within thirty days from the date of the occurrence of the violation or is not entitled for any reason to bring the action, the Administrator may institute such action on behalf of the United States within such one- year period. If such action is instituted by the Administrator, the buyer shall thereafter be barred from bringing an action for the same violation or violations. Any action under this subsection by either the buyer or the Administrator, as the case may be, may be brought in any court of competent jurisdiction. A judgment in an action for damages Recovery of dam- under this subsection shall be a bar to the recovery under this subsection of any damages in any other action against the same seller on account of sales made to the same purchaser prior to the institution of the action in which such judgment was rendered." (c) The amendment made by subsection (b), insofar as it relates ection (b). to actions by buyers or actions which may be brought by the Admin- istrator only after the buyer has failed to institute an action within thirty days from the occurrence of the violation, shall be applicable only with respect to violations occurring after the date of enactment of this Act. In other cases, such amendment shall be applicable with respect to proceedings pending on the date of enactment of this Act and with respect to proceedings instituted thereaftertat.34. (d) Subsection (f) of section 205 of the Emergency Price Control o us. c., supp. Act of 1942, as amended, is amended by striking out the period at II app. 92 . the end thereof, inserting a colon and the following: "Provided, That no regulation, order, license, or requirement heretofore or here- after issued or prescribed pursuant to section 2 (a) (2) of the Act Ina". 26; t. of June 28, 1940, as amended by the Act of May 31, 1941, and by iiaup., 2(2).PP title III of the Second War Powers Act, 1942, may validly contain Post p. 827 . any requirement as to the observance of any regulation, order, license, or requirement issued or prescribed pursuant to this Act or the Stabili- 8. sc., 7 upp zation Act of October 2, 1942." I" ap.i 6- 7 . (e) Section 205 of the Emergency Price Control Act of 1942, as s tpt437. amended, is amended by adding at the end thereof the following new 50, pu. . up. subsection: Ante,p.640. ubsection: Jurisdiction of dis- "(g) The district courts shall have exclusive jurisdiction to enjoin trict courts regarding or set aside, in whole or in part, orders for suspension of allocations, uspension orders. and orders denying a stay of such suspension, issued by the Adminis- trator pursuant to section 2 (a) (2) of the Act of June 28, 1940, as 17 tt.6;56t. amended by the Act of May 31, 1941, and title III of the Second War 50II^ B s. lc, -Supp Powers Act, 1942, and under authority conferred upon him pursuant Poa p. 827. to section 201 (b) of this Act. Any action to enjoin or set aside such 50 Stat.upp. 50 1. 5. C., Supp. order shall be brought within five days after the service thereof. No III app. 921 (b) suspension order shall take effect within five days after it is served, or, if an application for a stay is made to the Administrator within such five-day period, until the expiration of five days after service of an order denying the stay. No interlocutory relief shall be granted against the Administrator under this subsection unless the applicant for such relief shall consent, without prejudice, to the entry of an order enjoining him from violations of the regulation or order involved in the suspension proceedings." 93650'-45 - -PT. I-41 641

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