§ 499g. Reparation order

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1930

   Pub. L. 71–436 § 7 · 46 Stat. 531

   Enacted · 7 U.S.C. § 499g

   June 10, 1930, ch. 436, § 7, 46 Stat. 534

   Source evidence

   Code source credit
   June 10, 1930, ch. 436, § 7, 46 Stat. 534

   Enacted provision · exact public law section
   Sec. 7. reparation order (a) If after a hearing on a complaint made by any person under section 6 the Secretary determines that the commission merchant, dealer, or broker has violated any provision of paragraph (1), Ante, p. 632. (2), (3), or (4) of section 2, he shall, unless the offender has already made reparation to the person complaining, determine the amount of damage, if any, to which such person is entitled as a result of such violation and shall make an order directing the offender to pay to such person complaining such amount on or before the date fixed in the order. (b) If any commission merchant, dealer, or broker does not compl Suit by complainant if order not complied with. y 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 within one year of the date of the order file in the Venue of action. district court of the United States for the district in which he resides or in which is located the principal place of business of the commission merchant, dealer, or broker, or in any State court having general jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages and the order of the Secretary in the premises. Such suit in the district court shall proceed Prima facie evidence of findings of Secretary. in all respects like other civil suits for damages except that the findings and orders of the Secretary shall be prima facie evidence of the facts therein stated, and the petitioner shall not be liable for Petitioner not liable for court costs, excepting for appeal. costs in the district court nor for costs at any subsequent state of the proceedings unless they accrue upon his appeal. If the petitioner Attorney’s fee allowed petitioner. finally prevails, he shall be allowed a reasonable attorney’s fee, to be taxed and collected as a part of the costs of the suit.

2. 1934

   Public Law not identified

   Inserted · 7 U.S.C. § 499g(b)

   Subsec. (b). Act Apr. 13, 1934, § 11, inserted after first sentence “The orders, writs and processes of the district courts may in these cases run, be served, and be returnable anywhere in the United States.”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act Apr. 13, 1934, § 11, inserted after first sentence “The orders, writs and processes of the district courts may in these cases run, be served, and be returnable anywhere in the United States.”

3. 1934

   Public Law not identified

   Added · 7 U.S.C. § 499g(c); 7 U.S.C. § 499g(d)

   Subsecs. (c), (d). Act Apr. 13, 1934, §§ 12, 13, added subsecs. (c) and (d)

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Act Apr. 13, 1934, §§ 12, 13, added subsecs. (c) and (d).

4. 1936

   Public Law not identified

   Inserted · 7 U.S.C. § 499g(c)

   Subsec. (c). Act June 19, 1936, inserted proviso in first sentence and “by registered mail” after “adverse party”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (c). Act June 19, 1936, inserted proviso in first sentence and “by registered mail” after “adverse party”.

5. 1937

   Public Law not identified

   Inserted · 7 U.S.C. § 499g(a)

   Subsec. (a). Act Aug. 20, 1937, among other changes, inserted “or without hearing as provided in section 499f of this title, paragraphs (c) and (d), or upon failure of the party complained against to answer a complaint duly served within the time prescribed, or to appear at a hearing after being duly notified” after “section 499f”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act Aug. 20, 1937, among other changes, inserted “or without hearing as provided in section 499f of this title, paragraphs (c) and (d), or upon failure of the party complained against to answer a complaint duly served within the time prescribed, or to appear at a hearing after being duly notified” after “section 499f”.

6. 1937

   Public Law not identified

   Substituted · 7 U.S.C. § 499g(b)

   Subsec. (b). Act Aug. 20, 1937, among other changes, substituted “pay the reparation award” for “comply with an order for the payment of money”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (b). Act Aug. 20, 1937, among other changes, substituted “pay the reparation award” for “comply with an order for the payment of money”.

7. 1937

   Public Law not identified

   1. Inserted · 7 U.S.C. § 499g(c)

      Subsec. (c). Act Aug. 20, 1937, inserted “together with a bond in double the amount of the reparation award conditioned upon the payment of the judgment entered by the court plus interest and costs, including a reasonable attorney’s fee for the appellee, if the appellee shall prevail” after “upon adverse party”

   2. Struck · 7 U.S.C. § 499g(c)

      Subsec. (c). Act Aug. 20, 1937, struck out proviso in first sentence and “by registered mail” after “adverse party”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (c). Act Aug. 20, 1937, inserted “together with a bond in double the amount of the reparation award conditioned upon the payment of the judgment entered by the court plus interest and costs, including a reasonable attorney’s fee for the appellee, if the appellee shall prevail” after “upon adverse party” and struck out proviso in first sentence and “by registered mail” after “adverse party”.

8. 1937

   Public Law not identified

   Inserted · 7 U.S.C. § 499g(d)

   Subsec. (d). Act Aug. 20, 1937, inserted proviso

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (d). Act Aug. 20, 1937, inserted proviso.

9. 1938

   Public Law not identified

   Inserted · 7 U.S.C. § 499g(a)

   Subsec. (a). Act June 23, 1938, inserted last two sentences

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act June 23, 1938, inserted last two sentences.

10. 1940

    Public Law not identified

    Inserted · 7 U.S.C. § 499g(c)

    Subsec. (c). Act May 14, 1940, inserted proviso in first sentence

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (c). Act May 14, 1940, inserted proviso in first sentence.

11. 1962

    Pub. L. 87–725 § 9 · 76 Stat. 673

    Changed · 7 U.S.C. § 499g(c)

    Pub. L. 87–725, § 9, limited time for filing the bond to within 30 days from and after the date of the reparation order, and required such bond to be in cash, negotiable securities having a market value of at least equivalent to the amount of bond prescribed or the undertaking of a surety company on the approved list of sureties issued by the Treasury Department

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 87–725, § 9, limited time for filing the bond to within 30 days from and after the date of the reparation order, and required such bond to be in cash, negotiable securities having a market value of at least equivalent to the amount of bond prescribed or the undertaking of a surety company on the approved list of sureties issued by the Treasury Department.

    Enacted provision · exact public law section
    Sec. 9. Section 7(c) of such Act (7 U.S.C. 499g(c)) is amended by Bond on appeal. 48 Stat. 587; 54 Stat. 214. striking the second sentence thereof and substituting therefor the following: “Such appeal shall be perfected by the filing with the clerk of said court a notice of appeal, together with a petition in duplicate which shall recite prior proceedings before the Secretary and shall state the grounds upon which petitioner relies to defeat the right of the adverse party to recover the damages claimed, with proof of service thereof upon the adverse party. Such appeal shall not be effective unless within thirty days from and after the date of the reparation order the appellant also files with the clerk a bond in double the amount of the reparation awarded against the appellant conditioned upon the payment of the judgment entered by the court, plus interest and costs, including a reasonable attorney’s fee for the appellee, if the appellee shall prevail. Such bond shall be in the form of cash, negotiable securities having a market value at least equivalent to the amount of bond prescribed, or the undertaking of a surety company on the approved list of sureties issued by the Treasury Department of the United States.”

12. 1962

    Pub. L. 87–725 § 10 · 76 Stat. 673

    Changed · 7 U.S.C. § 499g(d)

    Pub. L. 87–725, § 10, lengthened period upon the expiration of which the license is suspended from ten to thirty days, and provided that if the judgment is stayed by a court of competent jurisdiction the suspension becomes effective ten days after the expiration of such stay

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 87–725, § 10, lengthened period upon the expiration of which the license is suspended from ten to thirty days, and provided that if the judgment is stayed by a court of competent jurisdiction the suspension becomes effective ten days after the expiration of such stay.

    Enacted provision · exact public law section
    Sec. 10. Section 7(d) of such Act (7 U.S.C. 499g(d)) is amended Stay of license termination on appeal. 50 Stat. 729. by striking the proviso at the end of the section and substituting therefor the following: “Provided, That if on the appeal the appellee firevails or if the appeal is dismissed the automatic suspension of license shall become effective at the expiration of thirty days from the date of the judgment on the appeal, but if the judgment is stayed by a court of competent jurisdiction the suspension shall become effective ten days after the expiration of such stay, unless prior thereto the judgment of the court has been satisfied.”

13. 1972

    Pub. L. 92–231 § 2 · 86 Stat. 38

    Changed · 7 U.S.C. § 499g(a)

    Pub. L. 92–231 directed the Secretary to order commission merchants, dealers, or brokers who are the losing party to pay the prevailing party, as reparation or additional reparation, reasonable fees and expenses incurred in connection with hearings

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 92–231 directed the Secretary to order commission merchants, dealers, or brokers who are the losing party to pay the prevailing party, as reparation or additional reparation, reasonable fees and expenses incurred in connection with hearings.

    Enacted provision · exact public law section
    Sec. 2. Section 7(a) of such Act (7 U.S.C. 499g(a)) is amended by inserting after the first sentence thereof the following: “The Secretary shall order any commission merchant, dealer, or broker who is the losing party to pay the prevailing party, as reparation or additional reparation, reasonable fees and expenses incurred in connection with any such hearing.”

14. 1991

    Pub. L. 102–237 title X § 1011(5) · 105 Stat. 1818

    Substituted · 7 U.S.C. § 499g(a)(c)

    Pub. L. 102–237 substituted periods for semicolons at end of subsecs. (a) to (c)

    Source evidence

    Code amendment note
    Subsecs. (a) to (c). Pub. L. 102–237 substituted periods for semicolons at end of subsecs. (a) to (c).

    Enacted provision · exact public law section
    SEC. 1011. PERISHABLE AGRICULTURAL COMMODITIES. The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a et seq.), is amended— (1) in the first section (7 U.S.C. 499a)— (A) by striking out “That when used in this Act—” and inserting the following:

5 of 15 references resolved to an enrolled provision · 10 unresolved