Page:United States Statutes at Large Volume 49 Part 1.djvu/907

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74TH CONGRESS. SESS . I. CH . 687. AUGUST 26, 1935 . Act or any rule or regulation of the Commission thereunder, to sub- mit any infor mation o r documen t require d by the Commissi on in the course of an investigation conducted under this Act, or to appear by an officer or agent at any hearing or investigation in Notice and hearing- response to a subpena issued under this Act, shall forfeit to the United States an amount not exceeding $1,000 to be fixed by the To be addition al to Commission after notice and opportunity for hearing . The imposi- penalty. tion or payment of any such forfeiture shall not bar or affect any penalty prescribed in this Act but such forfeiture shall be in addi- tion to any such penalty . Payment of forfei- "(b) The forfeitures provided for in this Act shall be payable tare . into the Treasury of the United States and shall be recoverable in a civil suit in the name of the United States, brought in the district where the person is an inhabitant or has his principal place of business, or if a licens ee or public utility, in any district in Prosecution fo r re- which such licensee or publ ic utility transacts business . It shall covert' of .

be the duty of the various district atorneys, under the direction of the Attorney General of the United States, to prosecute for the Costs and expenses . recovery of forfeitures under this Act . The costs and expenses of such prosecution shall be paid from the appropriations for the expenses of the courts of the United States . Gener al pena lties .

" GENERAL PeNALTIES ; VEN UE R' fll ful viol atio n •f "SEC . 316. (a Any person who willfully and knowingly does pVol141 SP 076. or causes or suffers to be done any act, matter, or thing in this Act prohibited or declared to be unlawful, or who willfully and knowingly omits or fails to do any act, matter, or thing in this Act required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be puni shed by a fine of not more than $5, 000 or b y impriso nment for not more than two years , or both . Willful violation of "(b) Any person who willfully and knowingly violates any rule, rules, regulations, etc . regulation, restriction, co ndition, or order made or imposed by the Commission under authority of this Act, or any rule or regulation imposed by the Secretary of War under authority of Part I of this Act shall, in addition to any other penalties provided by law, be punished up on conviction thereof by a fine of not exceeding $500 for each and every day durin g whi ch su ch of fense occu rs . offenses .dictionof " JUR ISD ICTI ON OF OFFENSES ; ENFORCEMENT OF LIABILITIES AND DUTIES "SEC. 317. The District Courts of the United State s, the Supreme Court of the District of Columbia, and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have exclusive jurisdiction of violations of this Act or the rules, regulations, and orders thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by, or to enjoin any violation of, this Act or any rule, bilities Enforcement and Dt dut ies . •f lia- reLrulation 7 or order thereunder . Any criminal proceeding roceeding shall be brought in the district whe rein any act or transaction constituting the violation occurred . Any suit or action to enforce any liability or duty created by, or to enjoin any violation of, this Act or any rule, regulation, or order thereunder may be brought in any such district or in the district wherein the defendant is an inhabitant, and process in such cases may be served wherever the defendant may Review of judgments be found . Judgments and decrees so rendered shall be subject to and decr ees . U. S . c ., pp . 1259, review as provided in sections 128 and 240 of the Judicial Code, as 12'2 .

amended (U. S. C., title 28, sees . 225 and 347) . No costs shall be assessed against the Commission in any judicial proceeding by or against the Commission under this Act .