Page:United States Statutes at Large Volume 49 Part 1.djvu/1579

1534 Payi ng prev iously is- sued repa rati on o rder s, etc . Time limitation . Vol . 48, p. 587. U.S.C .,p . 150 . Appeal from repara- tion order ; proce ed- ings . Proviso . Cases handled with- out a hearing. Vol.46,p.534;Vol. 48, p . 586. Filing of notice and petition. Copy to Secretary of Agriculture. Trial de novo in Dis - trict Court . Costs and attorney's fee . [Public, loo .703.] Forest Exchange Act . Exchan ge of pri- vately owned lands within certain areas und er pr ovi si ons of, permit ted . Vol . 42, p. 465; Vol. 43, p . 1090. U.S.C.,p.660. 74Th CONGRESS . SESS. II. CHS. 602, 603. JUNE 19, 1936 . ante that his business will be conducted in accordance with the provi- sions of the Act and that he will pay all reparation orders which may previously have been issued against him for violations, or which may be issued against him within two years following the date of the license, subject to his right of appeal under section 7 (b), but such lice nse shal l not be issued before t he expir ation of one yea r from the date of revocation of license or from the date of the Secretary's finding that the applicant has been responsible, in whole or in part, for any flagrant or repeated violation of section 2 ;". SEC . 3 . That paragraph (c) of section 7 of the Perishable Agricul- tura l Commod ities Ac t, 1930, as amen ded, is hereby a mended t o read as follows "(c) Either party adversely affected by the entry of a reparation order by the Secretary may, within thirty days from and after the date of such order, appeal therefrom to the District Court of the United States for the district in which said hearing was held : Pro- vided, That in cases handled without a hearing in accordance with paragraphs (c) and (d) of section 6- or in which a hearing has been waived by agreement of the parties, appeal shall be to the District Court of the United States for the district in which the party com- plained against is located . Such appeal shall be perfected by the filing of a notice t hereof, toget her with a pe tition in dupl icate, which shall recite prior proceedings before the Secretary, and shall state the grounds upon which petitioner relies to defeat the right of the adverse party to recover the damages claimed, with the clerk of said court with proof of service thereof upon the adverse party by regis- tered mail . The clerk of court shall immediately forward a copy thereof to the Secretary of Agriculture, who shall forthwith prepare, certif y, and file in said court a true copy of the Secretary 's decision, findings of fact, conclusions, and order in said case, together with copies of the pleadings upon which the case was heard and submitted to the Secretary . Such suit in the District Court shall be a trial de novo and shall proceed in all respects like other civil suits for dam- ages, except that the findings of fact and order or orders of the Secretary shall be prima facie evidence of the facts therein stated . Appellee shall not be liable for costs in said court and if appellee prevails he shall be allowed a reasonable attorney's fee to be taxed and collected as part of his costs . Such petition and pleadings cer- tifi ed by th e Secret ary upon which d ecision was made by him shall, upon filing in the District Court, constitute the pleadings upon which said trial de novo shall proceed subject to any amendment allowed in that court ;" . Approved, June 19, 1936 . [CHAPTER 603 .] June 19, 1936 . [H. R.0483.] To extend the provisions of the Forest Exchange Act, as amended, to certain lands, so that they may become part of the Umatilla and Whitman National Forests . AN ACT Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That within the follow ing-desc ribed bo undaries , any la nds not in Gover nment ow ner- ship w hich are found b y the Se cretary of Agric ulture t o be chi efly valuable for national-forest purposes may be offered in exchange under the provisions of the Act of March 20, 1922 (42 Stat . 465), as amended by the Act of February 28, 1925 (43 Stat . 1090; U. S. C., 1934 ed ., title 16, sees . 485, 486), upon notice as therein provided,