Page:United States Statutes at Large Volume 59 Part 1.djvu/326

 308 PUBLIC LAWS-CH. 214 -JUNE 30, 1945 [59 STAT. Individual adjust- agricultural commodity; except that (1) the foregoing provisions of this subsection shall not apply in the case of any individual adjust- 6Stat. 30, 33. ment making an increase in a maximum price, and (2) the Administra- 50 U. S. C., Supp. tor may take such action as may be necessary under section 202 and IV, app. § 922,92. section 205 to enforce compliance with any regulation, order, price schedule or other requirement which is lawfully in effect." 56 stat. 36. sU. S C., supp. (b) Section 302 of the Emergency Price Control Act of 1942, as Iv, app. §942. amended, is amended by inserting after paragraph (k) thereof a new paragraph as follows: Livestock. (1) The term 'agricultural commodity' includes livestock." 58lS.a. , supp. SEC. 6. Section 204 (e) of the Emergency Price Control Act of 1942, IV, app. §924(e). as amended, is amended to read as follows: Leaie to file comrg "(e) (1) Within thirty days after arraignment, or such additional Court of Appeals. time as the court may allow for good cause shown, in any criminal proceeding, and within five days after judgment in any civil or crimi- Supra. nal proceeding, brought pursuant to section 205 of this Act or section 35 Stat. 1096. 37 of the Criminal Code, involving alleged violation of any provision 56 Stat. 24. of any regulation or order issued under section 2 or of any price sched- "6Stat. 130 63 07 . ule effective in accordance with the provisions of section 206, the 50 U. S. C., Supp. defendant may apply to the court in which the proceeding is pending for leave to file in the Emergency Court of Appeals a complaint against the Administrator setting forth objections to the validity of any provi- sion which the defendant is alleged to have violated or conspired to violate. The court in which the proceeding is pending shall grant such leave with respect to any objection which it finds is made in good faith and with respect to which it finds there is reasonable and substan- tial excuse for the defendant's failure to present such objection in a 56 Stat. 31 . 50 S. t, supp. protest filed in accordance with section 203 (a). Upon the filing of a IV, app. §923 (a). complaint pursuant to and within thirty days from the granting of Jurisdictionofcourt. such leave, the Emergency Court of Appeals shall have jurisdiction to enjoin or set aside in whole or in part the provision of the regula- tion, order, or price schedule complained of or to dismiss the complaint. The court may authorize the introduction of evidence, either to the Administrator or directly to the court, in accordance with subsection (a) of this section. The provisions of subsections (b), (c), and (d) of this section shall be applicable with respect to any proceeding insti- tuted in accordance with this subsection. Stat proceeding. "(2) In any proceeding brought pursuant to section 205 of this Act 0 U. s . C., s upp. or section 37 of the Criminal Code, involving an alleged violation of IV, app. § 925. 35 Stat. 1096. any provision of any such regulation, order or price schedule, the court U.s. C.§8. shall stay the proceeding- "(i) during the period within which a complaint may be filed in the Emergency Court of Appeals pursuant to leave granted under paragraph (1) of this subsection with respect to such provision; "(ii) during the pendency of any protest properly filed by SUpra. the defendant under section 203 prior to the institution of the proceeding under section 205 of this Act or section 37 of the Criminal Code, setting forth objections to the validity of such provision which the court finds to have been made in good faith; and '(iii) during the pendency of any judicial proceeding insti- tuted by the defendant under this section with respect to such protest or instituted by the defendant under paragraph (1) of this subsection with respect to such provision, and until the expi- ration of the time allowed in this section for the taking of further proceedings with respect thereto. Grant ofstys in Notwithstanding the provisions of this paragraph, stays shall be granted thereunder in civil proceedings only after judgment and upon

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