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Every order of the Commission Service by shall be forthwith served by mailing to any one of the principal officers or agents of the carrier at his usual place of business a copy thereof; and the registry mail receipt shall be prima facie evidence of the receipt of such order by the carrier in due course of mail.

order.

The Commission shall be author- Suspension of ized to suspend or modify its orders upon such notice and in such manner as it shall deem proper.

serve order.

It shall be the duty of every Carrier to obcommon carrier, its agents and employees, to observe and comply with such orders so long as the same shall remain in effect.

Any carrier, any officer, repre- $5,000 forfeit. sentative, or agent of a carrier, or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions of section fifteen of this Act, shall forfeit to the United States the sum of five thousand dollars for each offense. Every distinct violation shall be a separate offense, and in case of a continuing violation each day shall be deemed a separate offense.

forfeit.

The forfeiture provided for in Recovery this Act shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the carrier has its principal operating office, or in any district through which the road of the carrier runs.

It shall be the duty of the various district attorneys, under the direction of the Attorney-General of the United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. The Commission may, sel. with the consent of the AttorneyGeneral, employ special counsel in any proceeding under this Act, paying the expenses of such employment out of its own appropriation.

Costs.

of

Special coun

[Latter half of section 16 precedes, on p. 26.]

SEC. 16 [as amended March 2, 1889 (25 Stat., 855)]. That when

Enforcement

than for pay

ever any common carrier, as defined of order other in and subject to the provisions of ment of money. this act, shall violate, or refuse or neglect to obey or perform any lawful order or requirement of the Commission created by this act, not founded upon a controversy requiring a trial by jury, as provided by the seventh amendment to the Constitution of the United States,

If any carrier fails or neglects to obey any order of the Commission, other than for the payment of money, while the same is in effect,

it shall be lawful for the Commission or for any company or person interested in such order or requirement,

any party injured thereby, or the Commission in its own name,

to apply in a summary way, by petition, to the circuit court of the United States sitting in equity

in the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen,

may apply to the circuit court

in the district where such carrier has its principal operating office, or in which the violation or disobedience of such order shall happen, for an enforcement of such order. Such application shall be by petition,

alleging such violation or disobedience, as the case may be;

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which shall state the substance of the order and the respect in which the carrier has failed of obedience,

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