(h) The circuit court of appeals shall have exclusive jurisdiction to review, and to affirm, set aside, or modify, such orders of the Secretary, and the decree of such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certiorari, as provided in section 347 of Title 28, if such writ is duly applied for within sixty days after entry of the decree. The issue of such writ shall not operate as a stay of the decree of the circuit court of appeals, insofar as such decree operates as an injunction unless so ordered by the Supreme Court. (i) For the purposes of sections 191-195 of this title the term "circuit court of appeals", in case the principal place of business of the packer is in the District of Columbia, means the United States Court of Appeals for the District of Columbia. (Aug. 15, 1921, ch. 64, § 204, 42 Stat. 162; June 7, 1934, ch. 426, 48 Stat. 926.) CHANGE IN NAME Act June 7, 1934, cited to text, provided that Court of Appeals in District of Columbia shall hereafter be known as the United States Court of Appeals for the District of Columbia. § 195. Punishment for violation of order.-Any packer, or any officer, director, agent, or employee of a packer, who fails to obey any order of the Secretary issued under the provisions of section 193 of this title, or such order as modified (1) After the expiration of the time allowed for filing a petition in the circuit court of appeals to set aside or modify such order, if no such petition has been filed within such time; or (2) After the expiration of the time allowed for applying for a writ of certiorari, if any such order, or such order as modified, has been sustained by the circuit court of appeals and no such writ has been applied for within such time; or (3) After such order, or such order as modified, has been sustained by the courts as provided in section 194 of this title; shall on conviction be fined not less than $500 nor more than $10,000, or imprisoned for not less than six months nor more than five years, or both. Each day during which such failure continues shall be deemed a separate offense. (Aug. 15, 1921, ch. 64, § 205, 42 Stat. 163.) STOCKYARDS AND STOCKYARD DEALERS § 201. 'Stockyard owner"; "stockyard services"; "market agency"; "dealer"; defined.-When used in this chapter (a) The term "stockyard owner" means any person engaged in the business of conducting or operating a stockyard; (b) The term "stockyard services" means services or facilities furnished at a stockyard in connection with the receiving, buying, or selling on a commission basis or otherwise, marketing, feeding, watering, holding, delivery, shipment weighing, or handling in commerce, of livestock; (c) The term "market agency" means any person engaged in the business of (1) buying or selling in commerce livestock at a stockyard on a commission basis or (2) furnishing stockyard services; and (d) The term "dealer" means any person, not a market agency, engaged in the business of buying or selling in commerce livestock at a stockyard, either on his own account or as the employee or agent of the vendor or purchaser. (Aug. 15, 1921, ch. 64, § 301, 42 Stat. 163.) § 202. "Stockyard" defined; determination by Secretary as to particular yard. (a) When used in sections 201-203, 205-217 of this title the term "stockyard" means any place, establishment, or facility commonly known as stockyards, conducted or operated for compensation or profit as a public market, consisting of pens, or other inclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce. Sec-, tions 201-203, 205-217 of this title shall not apply to a stockyard of which the area normally available for handling livestock, exclusive of runs, alleys, or passageways, is less than twenty thousand square feet. (b) The Secretary shall from time to time ascertain, after. such injury as he deems necessary, the stockyards which come within the foregoing definition, and shall give notice thereof to the stockyard owners concerned, and give public notice thereof by posting copies of such notice in the stockyard, and in such other manner as he may determine. After the giving of such notice to the stockyard owner and to the public, the stockyard shall remain subject to the provision of sections 201-203, 204217 of this title until like notice is given by the Secretary that such stockyard no longer comes within the foregoing definition. (Aug. 15, 1921, ch. 64, § 302, 42 Stat. 163.) § 203. Registration of stockyard dealer or market agency; penalty for failure to register.-After the expiration of thirty days after the Secretary has given public notice that any stockyard is within the definition of section 202 of this title by posting copies of such notice in the stockyard, no person shall carry on the business of a market agency or dealer at such stockyard unless he has registered with the Secretary under such rules and regulations as the Secretary may prescribe, his name and address, the character of business in which he is engaged, and the kinds of stockyard services, if any, which he furnishes at such stockyard. Whoever violates the provisions of this section shall be liable to a penalty of not more than $500 for each such offense and not more than $25 for each day it continues, which shall accrue to the United States and may be recovered in a civil action brought by the United States. (Aug. 15, 1921, ch. 64, § 303, 42 Stat. 163.) § 204. Bond and suspension of registrants.-Hereafter the Secretary may require reasonable bonds from every market agency and dealer, under such rules and regulations as he may prescribe, to secure the performance of their obligations, and whenever, after due notice and hearing, the Secretary finds any registrant is insolvent or has violated any provisions of said Act he may issue an order suspending such registrant for a reasonable specified period. Such order of suspension shall take effect within not less than five days, unless suspended or modified or set aside by the Secretary or a court of competent jurisdiction. (June 25, 1940, ch. 421, § 1, 54 Stat. 557; July 1, 1941, ch. 267, § 1, 55 Stat. 432; July 22, 1942, ch. 516, § 1, 56 Stat. 689; July 12, 1943, ch. 215, § 1, 57 Stat. 422.) AMENDMENTS 1943-Act July 12, 1943, cited to text, substituted "Secretary" for "Secretary of Agriculture". § 205. General duty as to services. It shall be the duty of every stockyard owner and market agency to furnish upon reasonable request, without discrimination, reasonable stockyard services at such stockyard: Provided, That in any State where the weighing of livestock at a stockyard is conducted by a duly 'authorized department or agency of the State, the Secretary, upon application of such department of agency, may register it as a market agency for the weighing of livestock received in such stockyard, and upon such registration such department or agency and the members thereof shall be amendable to all the requirements of this chapter; and upon failure of such department or agency or the members thereof to comply with the orders of the Secretary under this chapter he is authorized to revoke the registration of such department or agency and to enforce such revocation as provided in section 216 of this title. (Aug. 15, 1921, ch. 64, § 304, 42 Stat. 164; May 5, 1926, ch. 240, 44 Stat. 397.) § 206. Rates and charges generally; discrimination.-All rates or charges made for any stockyard services furnished at a stockyard by a stockyard owner of market agency shall be just, reasonable, and nondiscriminatory, and any unjust, unreasonable, or discriminatory rate or charge is prohibited and declared to be unlawful. (Aug. 15, 1921, ch. 64, § 305, 42 Stat. 164.) CROSS REFERENCE Application to certain licensees, see section 218c of this title. § 207. Schedule of rates; filing and exhibition; change in rates; suspension; penalties.-(a) Within sixty days after the Secretary has given public notice that a stockyard is within the definition of section 202 of this title, by posting copies of such notice in the stockyard, the stockyard owner and every market agency at such stockyard shall file with the Secretary, and print and keep open to public inspection at the stockyard, schedules showing all rates and charges for the stockyard services furnished by such person at such stockyard. If a market agency commences business at the stockyard after the expiration of such sixty days such schedules must be filed before any stockyard services are furnished. (b) Such schedules shall plainly state all such rates and charges in such detail as the Secretary may require, and shall also state any rules or regulations which in any manner change, affect, or determine any part or the aggregate of such rates or charges, or the value of the stockyard services furnished. The Secretary may determine and prescribe the form and manner in which such schedules shall be prepared, arranged, and posted, and may from time to time make such changes in respect thereto as may be found expedient. (c) No changes shall be made in the rates or charges so filed and published, except after ten days' notice to the Secretary and to the public filed and published as aforesaid, which shall plainly state the changes proposed to be made and the time such changes will go into effect; but the Secretary may for good cause shown, allow changes on less than ten days' notice, or modify the requirements of this section in respect to publishing, posting, and filing of schedules, either in particular instances or by a general order applicable to special or peculiar circumstances or conditions. (d) The Secretary may reject and refuse to file any schedule tendered for filing which does not provide and give lawful notice. of its effective date, and any schedule so rejected by the Secretary shall be void and its use shall be unlawful. (e) Whenever there is filed with the Secretary any schedule, stating a new rate or charge, or a new regulation or practice afefcting any rate or charge, the Secretary may either upon complaint or upon his own initiative without complaint, at once, and if he so orders without answer or other formal pleading by the person filing such schedule, but upon reasonable notice, enter upon a hearing concerning the lawfulness of such rate, charge, regulation, or practice, and pending such hearing and decision thereon the Secretary, upon filing with such schedule and delivering to the person filing it a statement in writing of his reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, charge, regulation, or practice, but not for a longer period than thirty days beyond the time when it would otherwise go into effect; and after full hearing, whether completed before or after the rate, charge, regulation, or practice goes into effect, the Secretary may make such order with reference thereto as would be proper in a proceeding initiated after it had become effective. If any such hearing cannot be concluded within the period of suspension the Secretary may extend the time of suspension for a further period not exceeding thirty days, and if the proceeding has not been concluded and an order made at the expiration of such thirty days, the proposed change of rate, charge, regulation, or practice shall go into effect at the end of such period. (f) After the expiration of the sixty days referred to in subdivision (a), no person shall carry on the business of a stockyard owner or market agency unless the rates and charges for the stockyard services furnished at the stockyard have been filed and published in accordance with this section and the orders of the Secretary made thereunder; nor charge, demand, or collect a greater or less or different compensation for such services than the rates and charges specified in the schedules filed and in effect at the time; nor refund or remit in any manner any portion of the rates or charges so specified (but this shall not prohibit a cooperative association of producers from bona fide returning to its members, on a patronage basis, its excess earnings on their livestock, subject to such regulations as the Secretary may pre scribe); nor extend to any person at such stockyard any stockyard services except such as are specified in such schedules. (g) Whoever fails to comply with the provisions of this section or of any regulation or order of the Secretary made thereunder shall be liable to a penalty of not more than $500 for each such offense, and not more than $25 for each day it continues, which shall accrue to the United States and may be recovered in a civil action brought by the United States. (h) Whoever willfully fails to comply with the provisions of this section or of any regulation or order of the Secretary made thereunder shall on conviction be fined not more than $1,000, or imprisoned not more than one year, or both. (Aug. 15, 1921, ch. 64, § 306, 42 Stat. 164.) CROSS REFERENCE Application to certain licensees, see section 218c of this title. § 208. Unreasonable or discriminatory practices generally.It shall be the duty of every stockyard owner and market agency to establish, observe, and enforce just, reasonable, and nondiscriminatory regulations and practices in respect to the furnishing of stockyard services, and every unjust, unreasonable, or discriminatory regulation or practice is prohibited and declared to be unlawful. (Aug. 15, 1921, ch. 64, § 307, 42 Stat. 165.) CROSS REFERENCE Application to certain licensees, see section 218c of this title. § 209. Liability to individuals for violations; enforcement generally. (a) If any stockyard owner, market agency, or dealer violates any of the provisions of sections 205, 206, 207, or 208 of this title, or of any order of the Secretary made under sections 201-203, 205-217 of this title, he shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of such violation. (b) Such liability may be enforced either (1) by complaint to the Secretary as provided in section 210 of this title, or (2) by suit in any district court of the United States of competent jurisdiction; but this section shall not in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies. (Aug. 15, 1921, ch. 64, § 308, 42 Stat. 165.) CROSS REFERENCE Application to certain licensees, see section 218c of this title. § 210. Proceedings before Secretary for violations generally; action to enforce order of Secretary.-(a) Any person complaining of anything done or omitted to be done by any stockyard owner, market agency, or dealer (hereinafter in this section referred to as the "defendant") in violation of the provisions of sections 205, 206, 207, or 208 of this title, or of an order of the Secretary made under sections 201-203, 205-217 of this title, may, at any time within ninety days after the cause of action accrues, apply to the Secretary by petition which shall briefly state the facts, whereupon the complaint thus made shall be forwarded by |