Page:United States Statutes at Large Volume 48 Part 1.djvu/113

This page needs to be proofread.

73d CONGRESS . SESS. 1. CII. 38 . MAY 27, 1933 .

87 is an inhabitant or wherever the defendant may be found . Judg- review subject to ments and decrees so rendered shall be subject to review as provided Vol . 36,pp.1133,I157. in sections 12 8 and 240 of the Judicial Code, as amend ed (U.S.C ., U .S.C., pp. 895, 906. title 28, sees . 225 and 347) . No case arising under this title and brought in any State court of competent jurisdiction shall be re- moved to any court of the United States . No costs shall be assessed No court assessments for or against the Commission in any proceeding under this title against Commission . brought by or against it in the Supreme Court or such other courts . (b) In case of contumacy or refusal to obey a subpena issued to Punishm ent for dL; any person, any of the said United States courts, within the juris- o beying subpe na, et c . diction of which said person guilty of contumacy or refusal to obey is found or resides, upon application by the Commission may issue to such person an order requiring such person to appear before the Com- mission, or one of its examiners designated by it, there to produce documentary evidence if so ordered, or there to give evidence touch- ing the matter in question ; and any failur e to obey suc h order of the court may be punished by said court as a contempt thereof . (c) No person shall be excused from attending and testifying or No person excused from producing books, papers, contracts, agre ements , and other from testifying, etc. documents before the Commission, or in obedience to the subpena of the Commission or any member thereof or any officer designated by it, or in any cause or proceeding instituted by the Commission, on the ground that the testimony or evidence, documentary or other- wise, required of him, may tend to incriminate him or subject hint Personal i mmunity. to a penalty or forfeiture ; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any trans- action, matter, or thing concerning which he is compelled, afte r having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such Perjury . individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying . UNL AWFU L RE PRE SENT ATI ONS SEC . 23 . Neither the fact that the registration statement for a security has been filed or is in effect nor the fact that a stop order is not in effect with respect thereto shall be deemed a finding by the Commission that the registration statement is true and accurate on its face or that it does not contain an untrue statement of fact or omit to state a material fact, or be held to mean that the Commis- sion has in an y way passed upon the meri ts of, or give n approval to, such security . It shall be unlawful to make, or cause to be made, to any prospective purchaser any representation contrary to the foregoing provisions of this section . PENALTIES SEC . 24 . Any person who willfully violates any of the provisions of this title, or the rules and regulations promulgated by the Com- mission under authority thereof, or any person who willfully, in a registration statement filed under this title, makes any untrue state- ment of a material fact or omits to state any material fact required to be stated therein or necessary to make the statements therein not misleading, shall upon conviction be fined not more than $5,000 or imprisoned not more than five years, or both . JURISDICTION OF OTHER GOVERNMENT AGENCIES OV ER SECURITIES SE C. 25 . Nothing in this title shall relieve any person from sub- mitting to the respective supervisory units of the Government of unlawful representa- tions Penalties. J urisd ictio n of other Government agencies not impaired.