Page:United States Statutes at Large Volume 54 Part 1.djvu/975

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54 STAT.] 76TH CONG. , 3D SESS.-CH. 722-SEPT. 18, 1940 that the plaintiff shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the plaintiff shall finally prevail he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit. "(f) (1) All complaints against carriers for the recovery of dam- ages or overcharges shall be filed with the Commission within three years from the time the cause of action accrues, and not after. "(2) The cause of action in respect of a shipment of property shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier and not after. "(3) A complaint for the enforcement of an order of the Commis- sion for the payment of money shall be filed in the ddistrict court or the State court within one year from the date of the order, and not after. "(4) The term 'overcharges' as used in this section means charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Commission. "(5) The provisions of this subsection (f) shall take effect six months after this section becomes effective and extend to and embrace cases in which the cause of action has heretofore accrued. "(g) In such suits all parties in whose favor the Commission may have made an award of damages by a single order may be joined as plaintiffs, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defendants; and service of process against any one of such defendants as may not be found in the district where the suit is brought may brot a e made in any district where such defendant has his or its principal operating office. In case of such joint suit the recovery, if any, may be by judgment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff. "CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY AND PERMITS "SEC. 309. (a) Except as otherwise provided in this section and sec- tion 311, no common carrier by water shall engage in transportation subject to this part unless it holds a certificate of public convenience and necessity issued by the Commission: Provided, however, That, subject to section 310, if any such carrier or a predecessor in interest was in bona fide operation as a common carrier by water on January 1, 1940, over the route or routes or between the ports with respect to which applica- tion is made and has so operated since that time (or, if engaged in furnishing seasonal service only, was in bona fide operation during the seasonal period, prior to or including such date, for operations of the character in question) except, in either event, as to interruptions of service over which the applicant or its predecessor in interest had no control, the Commission shall issue such certificate without requiring further proof that public convenience and necessity will be served by such operation, and without further proceedings, if application for such certificate is made to the Commission as provided in subsection (b) of this section and prior to the expiration of one hundred and twenty days after this section takes effect. Pending the determination of any such application, the continuance of such operation shall be lawful. If the application for such certificate is not made within one hundred and twenty days after this section takes effect, it shall be decided in accord- ance with the standards and procedure provided for in subsection (c), 941 Attorney's fee. Time limitations. "Overcharge" de- fined. Effective date; scope. Joinder of parties. Serviee of proens. Judgment. Certificates of pub. lic convenience and neceslty. Waiver of provi- siona. Time ltmitation. Provisional ontinu- ance of operation.