Page:United States Statutes at Large Volume 54 Part 1.djvu/878

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[54 STAT. PUBLIC LAWS-CH. 686-AUG. 22 , 1940 COURT REVIEW OF ORDERS Petition for review. SEC. 43. (a) Any person or party aggrieved by an order issued by the Commission under this title may obtain a review of such order in the circuit court of appeals of the United States within any cir- cuit wherein such person resides or has his principal place of busi- ness, or in the United States Court of Appeals for the District of Columbia, by filing in such court, within sixty days after the entry of such order, a written petition praying that the order of the Com- erviceofcopyupon mission be modified or set aside in whole or in part. A copy of such Commision. petition shall be forthwith served upon any member of the Com- mission, or upon any officer thereof designated by the Commission for that purpose, and thereupon the Commission shall certify and file in the court a transcript of the record upon which the order com- Jurisdictionofcourt. plained of was entered. Upon the filing of such transcript such court shall have exclusive jurisdiction to affirm, modify, or set aside such order, in whole or in part. No objection to the order of the Commission shall be considered by the court unless such objection shall have been urged before the Commission or unless there were Findings. reasonable grounds for failure so to do. The findings of the Com- mission as to the facts, if supported by substantial evidence, shall be conclusive. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the Additional evi- court that such additional evidence is material and that there were de, reasonable grounds for failure to adduce such evidence in the pro- ceeding before the Commission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as Modification to the court may seem proper. The Commission may modify its findings as to the facts by reason of the additional evidence so taken, and it shall file with the court such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and its recommendation, if any, for the modification or setting aside of the Finality of court's original order. The judgment and decree of the court affirming decvision. modifying, or setting aside, in whole or in part, any such order of Court. upeme the Commission shall be final, subject to review by the Supreme 3tat. 1157 . Court of the United States upon certiorari or certification as pro- 47i;sUppS. C. §34 'vided in sections 239 and 240 of the Judicial Code, as amended. Stayof Commis.O (b) The commencement of proceedings under subsection (a) to review an order of the Commission issued under section 8 (e) shall operate as a stay of the Commission's order unless the court otherwise orders. The commencement of proceedings under subsection (a) to review an order of the Commission issued under any provision of this title other than section 8 (e) shall not operate as a stay of the Commission's order unless the court specifically so orders. JU.JIDIClION OF OFFENSES AND SrrTS Jurisdiction of Sfa. 44. The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdic- tion of the United States shall have jurisdiction of violations of this title or the rules, regulations, or orders thereunder, and, con- currently with State and Territorial courts, 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 title or the rules, regulations, or Venus. orders thereunder. Any criminal proceeding may be brought in the district wherein any act or transaction constituting the violation occurred. A criminal proceeding based upon a violation of section 34, or upon a failure to file a report or other document required to be filed under this title, may be brought in the district wherein the 844