Page:United States Statutes at Large Volume 54 Part 1.djvu/974

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PUBLIC LAWS-CH. 722-SEPT. 18, 1940 Proino. Exception. 47 Stat. 1425 . 46U.S . I 843- 848; Supp. V, 844 - 848 39 Stat. 728 . 46 U. 8S .C., ch. 23; Supp. V, ch. 23. Burden of proof. "Carrier" defined. Liability for dam- ages. Right of person damaged; remedies. Award. Suit for recovery. for a longer period than seven months beyond the time when it would otherwise go into effect; and after hearing, whether completed before or after the charge, or rule, regulation, or practice goes into effect, the Commission may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change in any charge or rule, regulation, or practice shall go into effect at the end of such period: Provided, That this subsection shall not apply to any initial schedule filed prior to October 1, 1941, by any such carrier (other than a carrier subject, at the time this part takes effect, to the provisions of the Inter- coastal Shipping Act, 1933, as amended, or the Shipping Act, 1916, as amended) insofar as such schedule names charges on traffic, or for services connected therewith, as to which such carrier was in bona fide operation on January 1, 1940. The rule as to burden of proof specified in subsection (g) of this section shall apply to this subsection. "REPPARATION AWARDS; LITATrIO N OF ACTIONS "SEa. 308. (a) For the purposes of this section the term 'carrier' means a water carrier engaged in transportation subject to this part (1) by way of the Panama Canal or (2) as a common carrier by water on the high seas or the Great Lakes on regular routes from port to port. "(b) In case any carrier shall do, cause to be done, or permit to be done any act, matter, or thing in this part prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this part required to be done, such carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case. "(c) Any person or persons claiming to be damaged by any carrier may either make complaint to the Commission or may bring suit in his or their own behalf for the recovery of the damages for which such carrier may be liable under the provisions of subsection (b) in any district court of the United States of competent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies. "(d) If, after hearing on a complaint, the Commission shall deter- mine that any party complainant is entitled to an award of damages under the provisions of this part for a violation thereof by any car- rier, the Commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. (e) If such carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file with the dis- trict court of the United States for the district in which he or it resides or in which is located the principal operating office of such carrier or in which is located any port of call on a route operated by such carrier, or in any State court of general jurisdiction having jurisdiction of the parties, a complaint setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suit the findings and order of the Commission shall be prima facie evidence of the facts therein stated, and except 940 [54 STAT.