Page:United States Statutes at Large Volume 54 Part 1.djvu/947

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54 STAT.] 76TH CONG., 3D SESS.-CH. 722-SEPT. 18, 1940 first sentence and substituting in lieu thereof the word "com- plaint"; by striking out the word "petitioner" in the second and third sentences and substituting in lieu thereof the word "plaintiff"; (2) by striking out in paragraph (3) (a) thereof the words "three years" and substituting in lieu thereof the words "two years"; (3) by striking out in paragraph (3) (c) thereof the words "three years" and substituting in lieu thereof the words "two years", and by striking out the word "three-year" and substitut- ing in lieu thereof the word "two-year"; (4) by striking out in paragraph (3) (d) thereof the word "three-year" and substituting in lieu thereof the word "two-year"; (5) by striking out in paragraph (3) (f) thereof the word "peti- tion" and substituting in lieu thereof the word "complaint"; and (6) by striking out in paragraph (12) thereof the words "the Commerce Court" and substituting in lieu thereof the words "any district court of the United States of competent jurisdiction" and by striking out the words "that Court" and the words "the Court" in the second sentence and substituting in lieu thereof the words "such court". (b) Paragraph (5) of such section 16 is amended by adding at the end thereof a new sentence as follows: "In proceedings before the Commission involving the lawfulness of rates, fares, charges, classifi- cations, or practices, service of notice upon an attorney in fact of a carrier who has filed a tariff or schedule in behalf of such carrier shall be deemed to be due and sufficient service upon the carrier, except where the carrier has designated an agent in the city of Washington, District of Columbia, upon whom service of notices and processes may be made, as provided in section 6 of the Act of June 18, 1910 (U. S . C ., 1934 edition, title 49, sec. 50)." (c) The amendments made by subsection (a) of this section to paragraph (3) (a) and (c) of section 16 of the Interstate Commerce Act, as amended, shall apply only in the case of causes of action accruing after the date this section takes effect. COMMISSION PROCEDURE; DELEGATION OF DUTIES; REHEARINGS SEC. 12. Section 16a of the Interstate Commerce Act, as amended, is hereby repealed, and section 17 of such Act, as amended, is amended to read as follows: "SEC. 17 . (1) The Commission is hereby authorized by its order to divide the members thereof into as many divisions (each to consist of not less than three members) as it may deem necessary, which may be changed from time to time. Such divisions shall be designated, respec- tively, division one, division two, and so forth, or by a term descriptive of the principal subject, work, business, or function assigned or referred to such divisions. The Commission may designate one or more of its divisions as appellate divisions. Any Commissioner may be assigned to such division or divisions as the Commission may direct, and the senior in service of the Commissioners constituting a division shall act as chairman thereof unless otherwise directed by the Com- mission. When a vacancy occurs in any division or when a Commis- sioner because of absence, or other cause, is unable to serve thereon, the Chairman of the Commission or any Commissioner designated by him for that purpose may serve temporarily on such division until the Commission otherwise orders. "(2) The Commission may by order direct that any of its work, business, or functions under any provision of law (except matters 193470°-41-PT . I 58 913 41 Stat. 492. 49U.S.C. 16(5). Service of notice. 36 Stat. 544. Application of amendments. 34 Stat. 592. 49U. S. C. § Ida. 41 Stat. 492. 49U.S.C. 17. Division of Com- mission, designations. Assignment of Com- missioners. Temporary service. Assignment ofwork.