LIABILITY TO PERSON DAMAGED 555. (a) Amount of damages. If any commission merchant, dealer, or broker violates any provision of paragraph (1), (2), (3), or (4) of section 552 of this chapter he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation. (b) Remedies. Such liability may be enforced either (1) by complaint to the Secretary as hereinafter provided, or (2) by suit in any court of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, and the provisions of this chapter are in addition to such remedies. (June 10, 1930, с. 436, § 5, 46 Stat. 534.) For title of Act see note to § 551. COMPLAINT AND INVESTIGATION 556. (a) Petition to Secretary of Agriculture; time of making; contents; service; answer. Any person complaining of any violation of any provision of section 552 of this chapter by any commission merchant, dealer, or broker may, at any time within nine months after the cause of action accrues, apply to the Secretary by petition, which shall briefly state the facts, whereupon, if, in the opinion of the Secretary, the facts therein contained warrant such action, a copy of the complaint thus made shall be forwarded by the Secretary to the commission merchant, dealer, or broker, who shall be called upon to satisfy the complaint, or to answer it in writing, within a reasonable time to be prescribed by the Secretary. (b) Complaint to Secretary requesting investigation of violations; by whom made. Any officer or agency of any State or Territory having jurisdiction over commission merchants, dealers, or brokers in such State or Territory and any employee of the United States Department of Agriculture or any interested person, may file, in accordance with rules and regulations of the Secretary a complaint of any violation of any provision of section 552 of this chapter by any commission merchant, dealer, or broker, and may request an investigation of such complaint by the Secretary. (c) Service of complaint; hearing. If there appear to be, in the opinion of the Secretary, any reasonable grounds for investigating any complaint made under this section, the Secretary shall investigate such complaint and may, if in his opinion the facts warrant such action, have said complaint served by registered mail or otherwise on the person concerned and afford 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) Failure to comply with order of Secretary; suit in Federal court to enforce liability; order of Secretary as evidence; costs and fees. If any commission merchant, dealer, or broker 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 within one year of the date of the order file in the 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 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 costs in the district court nor for costs at any subsequent state of the proceedings unless they accrue upon his appeal. If the 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. (June 10, 1930, с. 436, § 7, 46 Stat. 534.) For title of Act see note to § 551. SUSPENSION AND REVOCATION OF LICENSE 558. Grounds for suspension or revocation of license. Whenever the Secretary determines, as provided in section 556 of this chapter, that any commission merchant, dealer, or broker has violated any of the provisions of section 552 of this chapter, he may publish the facts and circumstances of such violation and/or, by order, suspend the license of such offender for a period not to exceed ninety days, except that, if the violation is a flagrant or repeated violation of such provisions, the Secretary may, by order, revoke the license of the offender. (June 10, 1930, с. 436, § 8, 46 Stat. 535.) For title of Act see note to § 551. ACCOUNTS AND RECORDS 559. Accounts, records, and memoranda; duty of licensees to such person an opportunity for a hearing thereon before a duly keep; contents; suspension of license for violation of duty. authorized examiner of the Secretary in any place in which the said person is engaged in business. (d) Determination by Secretary of violations. After an opportunity for a hearing on a complaint the Secretary shall determine whether or not the commission merchant, dealer, or broker has violated any provision of section 552 of this chapter. Every commission merchant, dealer, and broker shall keep such accounts, records, and memoranda as fully and correctly disclose all transactions involved in his business, including the true ownership of such business by stockholding or otherwise. If such accounts, records, and memoranda are not so kept, the Secretary may publish the facts and circumstances and/or, by (e) Complaints by nonresidents; bond for costs and fees. order, suspend the license of the offender for a period not to In case complaint is made by a nonresident of the United States before any action is taken thereon, that the complainant shall be required to furnish a bond of double the amount of the claim, the bond to be conditioned upon the payment of costs, including attorney's fees of respondents, in case of failure to sustain the case. (June 10, 1930, c. 436, § 6, 46 Stat. 534.) For title of Act see note to § 551. REPARATION ORDER 557. (a) Determination by Secretary of Agriculture of amount of damages; order for payment. If after a hearing on a complaint made by any person under section 556 of this chapter the Secretary determines that the commission merchant, dealer, or broker has violated any provision of paragraph (1), (2), (3), or (4) of section 552 of this chapter, he shall, exceed ninety days. (June 10, 1930, c. 436, § 9, 46 Stat. 535.) For title of Act see note to § 551. EFFECTIVE DATE AND FINALITY OF ORDER 560. Orders; when in effect; continuance in force; suspension, modification and setting aside; penalty.-Any order of the Secretary under this chapter other than an order for the payment of money shall take effect within such reasonable time, not less than ten days, as is prescribed in the order, and shall continue in force until his further order, or for a specified period of time, accordingly as it is prescribed in the order, unless such order is suspended, modified, or set aside by the Secretary or is suspended, modified, or set aside by a court of competent jurisdiction. Any such order of the Secretary, if regularly made, shall be final, unless before the date prescribed for its taking effect application is made to a court of competent jurisdiction by the commission merchant, dealer, or broker against whom such order is directed to have such order set aside or its enforcement, operation, or execution suspended or restrained. (June 10, 1930, с. 436, § 10, 46 Stat. 535.) For title of Act see note to § 551. INJUNCTIONS 561. Application of injunction laws governing orders of Interstate Commerce Commission. For the purposes of this chapter the provisions of all laws relating to the suspending or restraining of the enforcement, operation, or execution, or the setting aside in whole or in part, of the orders of the Interstate Commerce Commission are made applicable to orders of the Secretary under this chapter and to any person subject to the provisions of this chapter. (June 10, 1930, c. 436, § 11, 46 Stat. 535.) For title of Act see note to § 551. GENERAL PROVISIONS 562. Violation of provisions of chapter; report to Attorney General; proceedings in Federal courts. The Secretary may report any violation of this chapter for which a civil penalty is provided to the Attorney General of the United States, who shall cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States without delay. The costs and expenses of such proceedings shall be paid out of the appropriation for the expenses of the courts of the United States. (June 10, 1930, c. 436, § 12, 46 Stat. 536.) For title of Act see note to § 551. 563. (a) Investigation of complaints by Secretary of Agriculture; inspection of accounts, records and memoranda; penalty for refusing inspection. In the investigation of complaints under this chapter, the Secretary or his duly authorized agents shall have the right to inspect such accounts, records, and memoranda of any commission merchant, dealer, or broker as may be material for the determination of any such complaint. If any such commission merchant, dealer, or broker refuses to permit such inspection, the Secretary may publish the facts and circumstances and/or, by order, suspend the license of the offender until permission to make such inspection is given. (b) Hearings; subpœnas; oaths; witnesses; evidence. The Secretary, or any officer or employee designated by him for such purpose, may hold hearings, sign and issue subpœnas, administer oaths, examine witnesses, receive evidence, and require by subpœna the attendance and testimony of witnesses and the production of such accounts, records, and memoranda as may be material for the determination of any complaint under this chapter. (c) Disobedience to subpœna; remedy; contempt.-In case of disobedience to a subpœna, the Secretary or any of his examiners may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of accounts, records, and memoranda. Any district court of the United States within the jurisdiction of which any hearing is carried on may, in case of contumacy or refusal to obey a subpœna issued to any person, issue an order requiring the person to appear before the Secretary or his examiner or to produce accounts, records, and memoranda if so ordered, or to give evidence touching any matter pertinent to any complaint; and any failure to obey such order of the court shall be punished by the court as a contempt thereof. (d) Depositions; production of accounts, records and memoranda. The Secretary may order testimony to be taken by deposition in any proceeding or investigation or incident to any complaint pending under this chapter at any stage thereof. Such depositions may be taken before any person designated by the Secretary and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition or under his direction and shall then be subscribed by the deponent. Any person may be compelled to appear and depose and to produce accounts, records, and memoranda in the same manner as witnesses may be compelled to appear and testify and produce accounts, records, and memoranda before the Secretary or any of his examiners. (e) Fees and mileage of witnesses.-Witnesses summoned before the Secretary or any officer or employee designated by him shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like service in the courts of the United States. (f) Incriminating nature of evidence as excuse for failure of witness to testify or produce.-No person shall be excused from attending, testifying, answering any lawful inquiry, or deposing, or from producing any documentary evidence, before the Secretary or any officer or employee designated by him, in obedience to the subpœna of the Secretary or any such officer or employee, in any cause or proceeding, based upon or growing out of any alleged violation of this chapter, or upon the taking of any deposition herein provided for, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeitur But no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing, concerning which he is compelled under oath so to testify, or produce evidence, documentary or otherwise, before the Secretary or any officer or employee designated by him, in obedience to the subpœna of the Secretary, or any such officer or employee, or upon the taking of any such deposition, or in any such cause or proceeding: Provided, That no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. (June 10, 1930, с. 436, § 13, 46 Stat. 536.) For title of Act see note to § 551. 564. Inspection of perishable agricultural commodities; employment of inspectors; fees for and expenses of inspection; travel and subsistence of inspectors; certificates of inspectors as evidence.—The Secretary is hereby authorized, independently and in cooperation with other branches of the Government, State, or municipal agencies, and/or any person, whether operating in one or more jurisdictions, to employ and/or license inspectors to inspect and certify, without regard to the filing of a complaint under this chapter, to any interested person the class, quality, and/or condition of any lot of any perishable agricultural commodity when offered for interstate or foreign shipment or when received at places where the Secretary shall find it practicable to provide such service, under such rules and regulations as he may prescribe, including the payment of such fees and expenses as will be reasonable and as nearly as may be to cover the cost for the service rendered: Provided, That fees for inspections made by a licensed inspector, less the percentage thereof which he is allowed by the terms of his contract of employment with the Secretary as compensation for his services, shall be deposited into the Treasury of the United States as miscellaneous receipts; and fees for inspections made by an inspector acting under a cooperative agreement with a State, municipality, or other person shall be disposed of in accordance with the terms of such agreement : Provided further, That expenses for travel and subsistence incurred by inspectors shall be paid by the applicant for inspection to the disbursing clerk of the United States Department of Agriculture to be credited to the appropriation for carrying out the purposes of this chapter: And provided further, That certificates issued by such inspectors shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained. (June 10, 1930, с. 436, § 14, 46 Stat. 537.) For title of Act see note to § 551. and effect except in so far only as they are inconsistent herewith or repugnant hereto. (June 10, 1930, c. 436, § 15, 46 Stat. 537.) For title of Act see note to § 551. 566. Liability of licensees for acts and omissions of agents.— In construing and enforcing the provisions of this chapter, the act, omission, or failure of any agent, officer, or other per 565. Rules, regulations and orders by Secretary of Agriculture; appointment, removal, and compensation of officers and employees; expenditures; appropriations; abrogation of incon- | son acting for or employed by any commission merchant, dealer, sistent statutes. - The Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this chapter and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person; and shall have the power to appoint, remove, and fix the compensation of such officers and employees not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, binding, telegrams, telephones, law books, books of reference, publications, furniture, stationery, office equipment, travel, and other supplies and expenses, including reporting services, as shall be necessary to the administration of this chapter in the District of Columbia and elsewhere, and as may be appropriated for by Congress; and there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such purpose. This chapter shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects as this chapter; but it is intended that all such statutes shall remain in full force or broker, within the scope of his employment or office, shall in every case be deemed the act, omission, or failure of such commission merchant, dealer, or broker as that of such agent, officer, or other person. (June 10, 1930, c, 436, § 16, 46 Stat. 538.) For title of Act see note to § 551. SEPARABILITY 567. Invalidity of separate provisions of chapter; effect on remainder.-If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby. (June 10, 1930, с. 436, § 17, 46 Stat. 538.) For title of Act see note to § 551. SHORT TITLE 568. Citation of chapter. This chapter may be cited as the "Perishable Agricultural Commodities Act, 1930." (June 10, 1930, c. 436, § 18, 46 Stat. 538.) For title of Act see note to § 551. Chapter 1.-CITIZENSHIP. TITLE 8.–ALIENS AND CITIZENSHIP 5c. Persons born in Virgin Islands on or after January 17, Section 3. Same; Indians serving in Military or Naval Es- 1917. All persons born in the Virgin Islands of the United tablishments during World War. The first paragraph of this section constitutes Act June 2, 1924, c. 233, 43 Stat. 253, cited to the text. Act Jan. 25, 1929, с. 101, 45 Stat. 1094, expressly provides that it was not the purpose of Congress when passing Act June 4, 1924, с. 253, 43 Stat. 376, entitled "An Act providing for the final disposition of the affairs of the Eastern Band of Cherokee Indians of North Carolina," to repeal, amend, modify, or abridge said Act June 2, 1924, c. 233, 43 Stat. 253. 3a. Same; Cherokee Indians. -All noncitizen Cherokee Indians born within the territorial limits of the United States and resident in the State of North Carolina are hereby declared to be citizens of the United States and entitled to all the rights, privileges, and immunities belonging to such citizens, including the right of franchise, provided they can meet and conform to the educational and other tests imposed upon voters of the State of North Carolina, as a condition precedent to the exercise of such right of franchise. All Acts or parts of Acts of Congress inconsistent herewith are hereby repealed. Nothing contained in this section shall in any manner impair or otherwise affect the right of any Indian to tribal or other property. (June 19, 1930, с. 544, 46 Stat. 787.) The Act cited to the text was entitled "An Act to confer full rights of citizenship upon the Cherokee Indians resident in the State of North Carolina, and for other purposes." States on or after January 17, 1917 (whether before or after For title of Act see note to § 5b. 9. Same; citizenship of women citizens of United States as affected by marriage; marriage to alien ineligible to citizenship; citizenship at termination of marriage status; effect of continuous residence outside of United States; expatriation laws not affected.-A woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage, unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens: Provided, That any woman citizen who marries an alien ineligible to citizenship shall cease to be a citizen of the United States. The repeal of section 3 of Act March 2, 1907, chapter 2534, Thirty-fourth Statutes, page 1228, which provided that "any American woman who marries a foreigner shall take the nationality of her husband," and that "at the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United 5a. Porto Ricans; extension of time for becoming citizens | States at the termination of the marital relation, by continuing of United States. Persons born in Porto Rico of alien parents, referred to in the last paragraph of section 5 of this title, who did not avail themselves of the privilege granted to them of becoming citizens of the United States, shall have a period of one year from March 4, 1927, to make the declaration provided for in the aforesaid section: Provided, That persons who elected to retain the political status of citizens of Porto Rico may within one year after March 4, 1927, become citizens of the United States upon the same terms and in the same manner as is provided for the naturalization of native Porto Ricans born of foreign parents. (Mar. 2, 1917, c. 145, § 5a, as added Mar. 4, 1927, с. 503, § 2, 44 Stat. 1418.) 5b. Inhabitants of Virgin Islands; children. The following persons and their children born subsequent to January 17, 1917, are hereby declared to be citizens of the United States: (a) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and are now residing in those islands or in the United States or Porto Rico, and who did not make the declaration required to preserve their Danish citizenship by article 6 of the treaty entered into on August 4, 1916, between the United States and Denmark, or who, having made such a declaration, have heretofore renounced or may hereafter renounce it by a declaration before a court of record; (b) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and are now residing in those islands or in the United States or Porto Rico, and who are not citizens or subjects of any foreign country; and (c) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in the United States, and are now residing in the. Virgin Islands of the United States, and who are not citizens or subjects of any foreign country. (Feb. 25, 1927, с. 192, § 1, 44 Stat. 1234.) The Act cited to the text was entitled "An Act to confer United States citizenship upon certain inhabitants of the Virgin Islands and to extend the naturalization laws thereto." to reside therein," shall not restore citizenship lost thereunder, nor terminate citizenship resumed thereunder; and any woman who had resumed thereunder citizenship lost by marriage shall, from September 22, 1922, have for all purposes the citizenship status as immediately preceding her marriage. (Sept. 22, 1922, c. 411, §§ 3, 7, 42 Stat. 1022; July 3, 1930, с. 835, § 1, 46 Stat. 854.) Act July 3, 1930, с. 835, § 1, cited to the text repealed the last three sentences of § 3 of Act Sept. 22, 1922, also cited to the text. Section 1 of said Act of July 3, 1930, с. 835 (46 Stat. 854), provided that "such repeal shall not restore citizenship lost under such section 3 [of Act Sept. 22, 1922] before such repeal." 11. Forfeiture of citizenship for desertion or avoidance of draft. "heretofore" in line 11 of this section should read "prior to August 22, 1912." ★17. Expatriation; presumption. "year" in line 10 of this section should read "years." 18. Repatriation of expatriated citizens. * * * * * * * Any individual who claims to have resumed his citizenship under the provisions of this subdivision may, upon the payment of a fee of $1, make application to the Commissioner of Naturalization, accompanied by two photographs of the applicant, for a certificate of repatriation. Upon proof to the satisfaction of the commissioner that the applicant is a citizen and that the citizenship was resumed as claimed, such individual shall be furnished a certificate of repatriation by the commissioner, but only if such individual is at the time within the United States. The certificate of repatriation issued under this subdivision shall have the same effect as a certificate issued by a court having naturalization jurisdiction, and the provisions of subdivisions (b) and (c) of section 399c of this title shall apply in respect of proceedings and certificates of repatriation under this subdivision in the same manner and to |