Page:United States Statutes at Large Volume 35 Part 1.djvu/688

SIXTIETH CONGRESS. Sess. II. Ch. 233. 1909. 671 either upon credit or upon margin, of any securities or commodities wherein both parties thereto intend, or such keeper intends, that such contract shall e, or may be, terminated, closed, or settled according to or upon the basis of the public market notations of prices made on any . board of trade or exchange upon which said securities or commodities are dealt in and without a bona fide purchase or sale of the same; or (b) the making of or offering to make any contract respecting the purchase or sa e, either uppn credit or upon margin, of any securities or commodities, wherein oth parties intend, or uch keeper intends, that such contract shall be, or may be, deemed terminated, closed, or settled when such public market quotations of prices for the securities or commodities named in such contract shall reach a certain figure without a bona fide purchase or sale of the same; or (c) the making of or offering to make any contract respecting the purchase or sale, either upon credit or upon margin, of any securities or commodities wherein both parties do not inten , or such keeper does not intend, the actual or bona fide receipt or delivery of such securities or commodities, but do intend, or -such keeper does intend, a settlement of such contract based upon the differences in such public market quotations of prices at which paid securities or commodities are or are asserted to be bought an so . "Sec. 869 b. Any dperson who makes or odors to make any contract m§,,',{';¤¤°”‘*°"*° defined in the prece ing section, or who is the keeper of any bucket shop, shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars or by imprisonment for not more than one year. Any person who shall be convicted of a second olfense shall be “°°°“‘* °“°"'°· punished by imprisonment for not more than Eve years. The continuing of the keeping of a bucket shop by any {person after the first conviction therefor shall be deemed a second o ense under this Act. _ If a domestic coigporation shall be convicted of a. second offense, the u°Y_‘;"°°‘“° -°°'P°"" supreme court o the District of Columbia shall have jurisdiction, upon an information in equity in the name of the United States district attorney for the District of Columbia, on the relation of the Commissioners of the District of Columbia, to dissolve the corporation; and if a foreign corporation shall be convicted of a second ,,(f'}{;{****" "°’Y‘°'°‘ oifense, the supreme court of the District of Columbia shall have jurisdiction, in the same manner, to restrain the corporation from doing business in the District of Columbia. _ "Sec. 869 c. Any person who shall communicate, receive, exhibit, p,f§,‘},‘:"“"*;,'j,§,§{’,§,j’,,*:‘_ or display in any manner any statement of quotations of prices of any vcsecurrties or commodities with an intent to make, or offer to make, or to aid in making, or olfering to make any contract prohibited by this Act, upon conviction thereof shall be subject to the penalties provided in the preceding section. "Sec. 869 d. Every person shall furnish, upon demand, to any cus- wg'{f{,';’j*j{’_{’“{°,_jY_: tomer or principal for whom such person has executed any order for the actual purchase or sale of any securities or commodities, either for immediate or future delivery, a written statement, containing the names of the persons from whom such propert was bought or to whom it has been sold, as the fact may be, the time when, place where, and the price at which the same was either bought or sold; and if such person s all refuse or neglect to furnish such statement within E°°°‘°““*“"“· twenty-four hours after such demand such refusal or neglect shall be rima facie evidence that such purchase or sale was ucketing or bucket shopping within the terms of this Act. " Approved, March 1, 1909.