Page:United States Statutes at Large Volume 54 Part 1.djvu/980

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAWS-CH. 722-SEPT. 18, 1940 plaint or on its own initiative, determine what is a reasonable charge as the maximum to be paid by the carrier or carriers for the services so rendered or for the use of the instrumentality so furnished, and fix the same by appropriate order. " NOTICES, ORDERS, AND SERVICE OF PROCESS Designationofagent "SEC. 315. (a) It shall be the duty of every water carrier to file with may be made. the Commission a designation in writing of the name and post-office address of an agent upon whom or which service of notices or orders may be made under this part. Such designation may from time to time be changed by like writing similarly filed. Service of notices or orders in proceedings under this part may be made upon such carrier by personal service upon it or upon an agent so designated by it, or by registered mail addressed to it or to such agent at the address filed. In default of such designation, service of any notice or order may be made by posting in the office of the secretary of the Commission. Whenever notice or order is served by mail, as provided herein, the date of mailing shall be considered as the time of service. In pro- ceedings before the Commission involving the lawfulness of rates, fares, charges, classifications, 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. gatioprortets , (b) No order, based upon a finding that any water carrier has vio- late any provision of this part, sha be made by the Commission except after hearing upon complaint or after an investigation upon its own initiative. "(c) The Commission may suspend, modify, or set aside its orders under this part upon such notice and in such manner as it shall deem proper. Effective dates. "(d) Except as otherwise provided in this part, all orders of the Commission, other than orders for the payment of money, shall take effect within such reasonable time, not less than thirty days, as the Commission may prescribe and shall continue in force until its further order, or for a specified period of time according as shall be pre- scribed in the order, unless the same shall be suspended, modified, or set aside by the Commission, or be suspended or set aside by a court of competent jurisdiction. Observance of or- "(e) It shall be the duty of every water carrier, its agents and employees, to observe and comply with such orders so long as the same shall remain in effect. "E N FORCEMENT AND PROCEDURE Enforcement and "SEC. 316. (a) The provisions of section 12 and section 17 of part I, Ante, pp. 91013. and the Compulsory Testimony Act (27 Stat. 443), and the Immunity su. S.c 3. 3 of Witnesses Act (34 Stat. 798; 32 Stat. 904, ch. 755, sec. 1), shall apply with full force and effect in the administration and enforcement of this part. Failure to comply ) I ny ater carrier fails to comply with or operates in viola- visions, etc. tion of any provision of this part (except provisions as to the reason- ableness of rates, fares, or charges, and the discriminatory character thereof), or any rule, regulation, requirement, or order thereunder (except an order for the payment of money), or of any term or condi- tion of any certificate or permit, the Commission or the Attorney General of the United States (or, in case of such an order, any party injured by the failure to comply therewith or by the violation thereof) may apply to any district court of the United States having jurisdic- 946 [54 STAT.