of order for payment of money.

[SEC. 16, latter half of section given first, transposed from p. 30.] If the matters involved in any Enforcement such order or requirement of said Commission are founded upon а controversy requiring a trial by jury, as provided by the seventh amendment to the Constitution of the United States,

and any such common carrier shall violate or refuse or neglect to obey or perform the same, after notice. given by said commission as provided in the fifteenth section of this Act,

If a carrier does not comply with an order for the payment of money

within the time limit in such order,

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

the complainant, or any person for whose benefit such order was made,

to apply in a summary way by petition to the circuit court of the United States sitting as a court of law

may file in the circuit court of the United States

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

for the district in which he resides or in which is located the principal operating office of the carrier, or through which the road of the carrier runs, a petition

alleging such violation or disobedience as the case may be;

setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises.

of

suit.

and said court shall by its order Procedure then fix a time and place for the trial of said cause, which shall not be less than twenty nor more than forty days from the time said order is made, and it shall be the duty of the marshal of the district in which said proceeding is pending to forthwith serve a copy of said petition, and of said order, upon each of the defendants, and it shall be the duty of the defendants to file their answers to said petition within ten days after the service of the same upon them as aforesaid.

Such suit shall proceed in all respects like other civil suits for damages,

At the trial [of] the findings of fact. Findings prima facie of said Commission as set forth in evidence. its report shall be prima facie evidence of the matters therein stated,

except that on the trial of such suit the findings and order of the Commission shall be prima facie evidence of the facts therein stated,

and if either party shall demand a jury or shall omit to waive a jury the court shall, by its order, direct the marshal forthwith to summon a jury to try the cause; but if all the parties shall waive a jury in writing then the court shall try the issues in said cause and render its judgment thereon. If the subject in dispute shall be of the value of two thousand dollars or more either party may appeal to the Supreme Court of the United States under the same regulations now provided by law in respect to security for such appeal; but such appeal must be taken within twenty days from the day of the rendition of the judgment of said circuit

court.

liable for costs.

and except that the petitioner shall, Petitioner not not be liable for costs in the circuit court nor for costs at any subsequent stage of the proceedings, unless they accrue upon his appeal.

[Proceedings like other civil suits for damages. See just above.]

a Evidently a misprint in the statute.

allowed.

If the judgment of the circuit Attorney's fee court shall be in favor of the party complaining he or they shall be entitled to recover a reasonable counsel or attorney's fee, to be fixed by the court, which shall be collected as part of the costs in the case.

If the petitioner shall finally prevail he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit.

For the purposes of this Act, excepting its penal provisions, the circuit courts of the United States shall be deemed to be always in session.

8956-06-5

to take action.

All complaints for the recovery of Time in which damages shall be filed with the Commission within two years from the time the cause of action accrues, and not after, and a petition for the enforcement of an order for the payment of money shall be filed in the circuit court within one year from the date of the order,

and not after: Provided, That Accrued claims. claims accrued prior to the passage of this act may be presented within one year.

parties.

In such suits all parties in whose Joinder favor the Commission may have made an award for damages by a single order may be joined as plaintiffs, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiff's could maintain such suit against any one of such joint defendants; and service Service of proeof process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant carrier has its principal operating office. In case of such joint suit the recovery, if any, may be by judg ment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff.

ess.