페이지 이미지
PDF
ePub

Seas. 11 and 10

courts.

ess.

the facts, if supported by testimony, shall in like manner be conclusive.

The jurisdiction of the circuit court of appeals of the Jurisdiction of United States to enforce, set aside, or modify orders of the Commission or board shall be exclusive.

Such proceedings in the circuit court of appeals shall be given precedence over other cases pending therein, and shall be in every way expedited. No order of the Commission or board or the judgment of the court to enforce the same shall in any wise relieve or absolve any person from any liability under the antitrust Acts.

Complaints, orders, and other processes of the Com- Service of proo mission or board under this section may be served by anyone duly authorized by the Commission or board, either (a) by delivering a copy thereof to the person to be served, or to a member of the partnership to be served, or to the president, secretary, or other executive officer or a director of the corporation to be served; or (b) by leaving a copy thereof at the principal office or place of business of such person; or (c) by registering and mailing a copy thereof addressed to such person at his principal office or place of business. The verified return by the person so serving said complaint, order, or other process setting forth the manner of said service shall be proof of the same, and the return post-office receipt for said complaint, order, or other process registered and mailed as aforesaid shall be proof of the service of the

same.

*

courts.

SEC. 15. That the several district courts of the United Jurisdiction of States are hereby invested with jurisdiction to prevent and restrain violations of this Act, and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the Procedura case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition, the court shall proceed, as soon as may be, to the hearing and Hearinga determination of the case; and pending such petition, and before final decree, the court may at any time make

Sees. 15-17

[ocr errors]

ties.

Injunctive relief.

such temporary restraining order or prohibition as shall be deemed just in the premises. Whenever it shall ap

pear to the court before which any such proceeding may Other par- be pending that the ends of justice require that other

parties should be brought before the court, the court may
cause them to be summoned whether they reside in the
district in which the court is held or not, and subpoenas
to that end may be served in any district by the marshal
thereof.

SEC. 16. That any person, firm, corporation, or association shall be entitled to sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by a violation of the antitrust laws, including sections two, three, seven and eight of this Act, when and under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity, under the rules

governing such proceedings, and upon the execution of Bond.

proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary in

junction may issue: Provided, That nothing herein con

States tained shall be construed to entitle any person, firm, corin unction poration, or association, except the United States, to

bring suit in equity for injunctive relief against any
common carrier subject to the provisions of the Act to
regulate commerce, approved February fourth, eighteen
hundred and eighty-seven, in respect of any matter sub-
ject to the regulation, supervision, or other jurisdiction
of the Interstate Commerce Commission.

Sec. 17. That no preliminary injunction shall be issued

without notice to the opposite party. Restraining No temporary restraining order shall be granted with

out notice to the opposite party unless it shall clearly. appear from specific facts shown by affidavit or by the verified bill that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon. Every such temporary restraining order shall be indorsed with the date and hour of issuance, shall be forthwith filed in the clerk's office and entered of record, shall define the injury and

United

car

against riers.

Notice.

order.

Secs. 17-26

state why it is irreparable and why the order was granted Irreparable in

jury. without notice, and shall by its terms expire within such time after entry, not to exceed ten days, as the court or judge may fix, unless within the time so fixed the order is extended for a like period for good cause shown, and the reasons for such extensions shall be entered of record. In case a temporary restraining order shall be granted without notice in the contingency specified, the matter of the issuance of a preliminary injunction shall be set down for a hearing at the earliest possible time and shall Hearinge take precedence of all matters except older matters of the same character; and when the same comes up for hearing the party obtaining the temporary restraining order shall proceed with the application for a preliminary injunction, and if he does not do so the court shall dissolve the Dixsolution. temporary restraining order. Upon two days' notice to the party obtaining such temporary restraining order the opposite party may appear and move the dissolution or modification of the order, and in that event the court or judge shall proceed to hear and determine the motion as expeditiously as the ends of justice may require.

[merged small][merged small][ocr errors]

Sec. 18. That, except as otherwise provided in section Bond. 16 of this Act, no restraining order or interlocutory order of injunction shall issue, except upon the giving of security by the applicant in such sum as the court or judge may deem proper, conditioned upon the payment of such costs and damages as may be incurred or suffered by any party who may be found to have been wrongfully enjoined or restrained thereby.

SEC. 19. That every order of injunction or restraining Specific reasons order shall set forth the reasons for the issuance of the application. same, shall be specific in terms, and shall describe in reasonable detail, and not by reference to the bill of complaint or other document, the act or acts sought to be restrained, and shall be binding only upon the parties to the suit, their officers, agents, servants, employees, and attorneys, or those in active concert or participating with them, and who shall, by personal service or otherwise, have received actual notice of the same.

for and notice of

*

Sec. 26. If any clause, sentence, paragraph, or part of all part of Act this Act shall, for any reason, be adjudged by any court other parfeeshali

Secs. 1-4

of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.

BILLS OF LADING ACT

(Aug. 29, 1916.) AN ACT Relating to bills of lading in interstate and foreign com.

merce.

Issued in inter

commerce governed hereby.

bills

Straight defined

Order bills defined.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress assemBills of lading. bled, That bills of lading issued by any common carrier 89 Stat. L., 538. for the transportation of goods in any Territory of the

United States, or the District of Columbia, or from a

place in a State to a place in a foreign country, or from state and foreign a place in one State to a place in another State, or from

a place in one State to a place in the same State through another State or foreign country, shall be governed by this act.

Sec. 2. That a bill in which it is stated that the goods are consigned or destined to a specified person is a straight bill.

Sec. 3. That a bill in which it is stated that the goods are consigned or destined to the order of any person named in such bill is an order bill. Any provision in such a bill or in any notice, contract, rule, regulation, or

tariff that it is nonnegotiable shall be null and void and Negotiability. shall not affect its negotiability within the meaning of

this act unless upon its face and in writing agreed to by the shipper.

Sec. 4. That order bills issued in a State for the transportation of goods to any place in the United States on the Continent of North America, except Alaska and Panama, shall not be issued in parts or sets. If so issued, the carrier issuing them shall be liable for failure to deliver the goods described therein to anyone who purchases a part for value in good faith, even though the purchase be after the delivery of the goods by the carrier

to a holder of one of the other parts: Provided, however, For insular, That nothing contained in this section shall be inter

preted or construed to forbid the issuing of order bills

Issued in part tor continental use forbidden,

Proviso.

etc., use permitted.

Seos. 4-8

lailure.

in parts or sets for such transportation of goods to Alaska, Panama, Porto Rico, the Philippines, Hawaii, er foreign countries, or to impose the liabilities set forth in this section for so doing.

Sec. 5. That when more than one order bill is issued in Duplicates. a State for the same goods to be transported to any place noCharacter to be in the United States on the Continent of North America, except Alaska and Panama, the word “duplicate,” or some other word or words indicating that the document is not an original bill, shall be placed plainly upon the face of every such bill except the one first issued. A carrier shall be liable for the damage caused by his failure Liability for so to do to anyone who has purchased the bill for. value in good faith as an original, even though the purchase be after the delivery of the goods by the carrier to the holder of the original bill: Provided, however, That Exceptiona. nothing contained in this section shall in such case for such transportation of goods to Alaska, Panama, Porto Rico, the Philippines, Hawaii, or foreign countries be interpreted or construed so as to require the placing of the word “duplicate " thereon, or to impose the liabilities set forth in this section for failure so to do.

Sec. 6. That a straight bill shall have placed plainly noftratght upon its face by the carrier issuing it “nonnegotiable or "not negotiable.”

This section shall not apply, however, to memoranda Memoranda. or acknowledgments of an informal character.

SEC. 7. That the insertion in an order bill of the name of a person to be notified of the arrival of the goods shall not limit the negotiability of the bill or constitute notice to a purchaser thereof of any rights or equities of such person in the goods.

SEC. 8. That a carrier, in the absence of some lawful excuse, is bound to deliver goods upon a demand made mand. either by the consignee named in the bill for the goods or, if the bill is an order bill, by the holder thereof, if such a demand is accompanied by

(a) An offer in good faith to satisfy the carrier's lawful lien upon the goods;

(b) Possession of the bill of lading and an offer in good faith to surrender, properly indorsed, the bill which was issued for the goods, if the bill is an order bill; and

bilte .

Negotiability of order bills,

Carrier to de. liver goods on de

Conditions.

« 이전계속 »