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each of the carriers or other persons subject to the act of whom complaint is made, and will endeavor, through correspondence or informal conference, to adjust the controversy. Where a settlement cannot be effected through informal proceedings the complainant will be promptly so advised, and thereafter, if he so desires, may file, a formal complaint as provided in rules V and XXI.

XXV. Satisfaction of Complaints.-Where a formal complaint is satisfied either before or after the filing by the respondent of an answer, an acknowledgment of satisfaction, signed by both parties and stating the date and manner of adjustment, shall be filed with the board. The board also should be advised with respect to the adjustment of informal complaints effected through negotiation between the parties, specific reference in such cases being made to the number of the informal complaint on which the matter shall have been considered by the board.

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The [full corporate title] Steamship Company, Respondent.

Docket No.

Comes now the complainant in the above-entitled cause and respectfully shows:

I. That the said complainant is [a corporation organized and existing under the laws of the state of -, or a partnership trading under the firm name of or an association composed of -] engaged in the busi

ness of

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and

II. That the said respondent is a corporation organized and existing under the laws of the state of engaged as a common carrier in the transportation by water of passengers and [or] property [between ports in the state of a foreign country, and not operating as a ferry boat or ocean tramp, or] on the high seas, [or on the Great Lakes], on a regular route between ports [in a territory (District, or possession) of the United States, or] in the state of and ports in the state of ; and, as such common carrier, is subject to the provisions of the Federal Shipping Act of September 7, 1916.

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III. That [this and succeeding paragraphs, numbered, respectively, IV, V, etc., should recite in clear and definite terms the respect in which the act is alleged to have been violated, including a statement of every rate, charge, rule, regulation, or practice, the lawfulness of which is challenged, and should indicate each point of origin and destination between which the rates complained of were applied. Whenever practicable tariff references also should be given.]

IX. That by reason of the facts recited in the foregoing paragraphs, the said complainant has been subjected to the payment of rates [fares or charges] for transportation which were when exacted, and which still are [unjustly dis

criminatory in violation of section 17, or] unjust and unreasonable in violation of section 18 of said Shipping Act.

in paragraph

Wherefore the said complainant prays that the said respondent be required to answer the charges herein; that after due hearing and investigation an order be made, commanding said respondent to cease and desist from the aforesaid violations of said statute, and to establish and put in force and apply in future to the transportation of between the points of origin and destination designated hereof, in lieu of the rates [fares, charges, rules, regulations, or practices] named in said paragraph, such other maximum rates [fares, charges, rules, regulations, or practices] as to the board may seem just and reasonable; [and also to pay to the said complainant by way of reparation for the unlawful charges hereinabove described the sum of $ or such other sum as to the board shall seem proper as an award of damages under the provisions of the said Act for the said violation thereof]; and that such other and further order or orders be made as to the board may seem proper in the premises.

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County of
I,

-, on oath depose and say that I am [a member (or president) of ] the within named complainant [on whose behalf I make this affidavit]; that I have read the foregoing complaint and know the contents thereof; and that the same is true.

Subscribed and sworn to before me, a notary public in and for the abovenamed county and state, this

[Seal.]

Form No. 2.-Intervening Petition.

day of

19.

Before the United States Shipping Board.

Complainant,

V.

The [full corporate title] Steamship Company, Respondent.

Your petitioner,

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Docket No.

respectfully represents that [he or] it has an interest in the matters involved in the above-entitled cause, and moves that [he or] it be allowed to intervene therein, and for cause of intervention avers:

I. That the said petitioner is [a corporation organized and existing under the laws of the state of - or a partnership trading under the firm name of or an association composed of

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and - engaged in the busi

II. That [in this and succeeding paragraphs, numbered, respectively III, IV, etc., petitioner should specify the facts relied upon as establishing a right to intervene].

Wherefore the said

prays leave to intervene in the above-entitled

cause, and asks to be treated as an original party thereto.

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State of

County of
I,

ss.:

on oath depose and say that I am [a member (or president) of -] the within-named petitioner [on whose behalf I make this affidavit]; that I have read the foregoing petition and know the contents thereof; and that the same is true.

Subscribed and sworn to before me, a notary public in and for the abovenamed county and state, this

day of

19-.

[Seal.]

Form No. 3.-Answer.

Before the United States Shipping Board.
Complainant,

V.

The [full corporate title] Steamship Company, Respondent.

Docket No.

Comes now the respondent in the above-entitled cause, and for answer to the complaint herein respectfully states:

I. [And succeeding paragraphs, respectively numbered II, III, etc.] That the allegations in paragraph - of the said complaint are admitted [or denied with specific averments in refutation thereof].

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[After all the allegations of the complaint are so admitted or denied, respondent in succeeding separately numbered paragraphs should present an affirmative statement of the facts relied upon by way of defense.]

Wherefore the said respondent prays that the complaint herein may be disThe [full corporate title] Steamship Company.

missed. State of

County of
I,

SS.:

-, on oath depose and say that I am [a member (or president) of -] the within-named respondent [on whose behalf I make this affidavit]; that I have read the foregoing answer and know the contents thereof; and that the same is true.

Subscribed and sworn to before me, a notary public in and for the abovenamed county and state, this

[Seal.]

Form No. 4.-Motion to Dismiss.

day of

19—.

Before the United States Shipping Board.
Complainant,

V.

The [full corporate title] Steamship Company, Respondent.

Docket No.

Comes now the respondent in the above-entitled cause and moves the board to dismiss the complaint herein, and in support of said motion submits:

I. That the allegations of the said complaint, as contained in paragraphs thereof, fail to show that the United States Shipping Board

and

has any jurisdiction over the said respondent [or over the subject-matter of the said complaint].

II. That [in this and succeeding paragraphs, numbered, respectively, III, IV, etc., respondent should specify the grounds upon which the jurisdiction of the board is challenged and should cite authorities, if any, in support of the motion to dismiss].

Wherefore the said respondent prays that the complaint herein may be disThe [full corporate title] Steamship Company.

missed.

State of

County of
I,

on oath depose and say that I am [a member (or president) of ] the within-named respondent [on whose behalf I make this affidavit]; that I have read the foregoing motion to dismiss and know the contents thereof; and that the same is submitted in good faith and not for the purpose of delay.

Subscribed and sworn to before me, a notary public in and for the abovenamed county and state, this

[Seal.]

Form No. 5.-Petition for Rehearing.

day of

19-.

Before the United States Shipping Board.

Complainant,

V.

The [full corporate title] Steamship Company, Respondent.

Docket No.

Comes now the complainant [or respondent] in the above-entitled cause, and respectfully petitions the board to grant a rehearing herein, and in support of said petition submits:

I. That [in this and succeeding paragraphs, numbered, respectively, II, III, etc., petitioner should set forth specifically the matters claimed to have been erroneously decided, as provided in rule XX of the Rules of Practice].

Wherefore your petitioner prays that a rehearing be granted in the aboveentitled cause, and that the board enter such further order or orders in the premises as to it may seem proper.

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I,

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on oath depose and say that I am [a member (or president) of ] the within-named petitioner [on whose behalf I make this affidavit]; that I have read the foregoing petition and know the contents thereof; and that the same is true and well founded as I verily believe.

Subscribed and sworn to before me, a notary public in and for the above

named county and state, this

[Seal.]

day of

19—.

is made, or within such other time as may be determined by the presiding member or examiner of the board.

XVIII. Tentative Reports.-After full hearing and argument in any case, as in these rules provided, a report embodying the tentative findings of the board will be served upon each party in interest, and every such party objecting to any such finding may except thereto. Exceptions in such cases shall conform to the specifications of rule III, and 10 copies thereof, with as many additional copies as there are opposing parties to the record, shall be filed with the board, as provided in rule IV, within 20 days from the date of service of such tentative report. A copy of such exceptions will be served by the board upon each of such opposing parties, who thereafter within 10 days shall answer the same respectively. Every such exception and answer thereto will be considered by the board in determining whether such tentative report shall be affirmed or modified; and if no such exception is received such report will be affirmed and such order as may be required will be entered accordingly.

XIX. Proceedings on Motion of the Board.-The board of its own motion may investigate any violation of the act which might be made the basis of a formal complaint; and proceedings in such cases shall be conducted substantially as in these rules provided with respect to proceedings on formal complaint.

XX. Rehearings.—Application for the reopening of a proceeding after final submission, or for the rehearing or reargument thereof after decision, shall be made by petition, which shall conform to the specifications of rule III and to the arrangement of form No. 5, section 6. Ten copies of every such application, with as many additional copies as there are opposing parties to the record, shall be filed with the board as provided in rule IV. Applications for rehearing on an order of reparation shall be so filed, if at all, within 60 days from the date of service of such order.

Where an application is made to reopen a proceeding for further evidence, such evidence shall be not merely cumulative, and the nature and purpose thereof shall be clearly stated. Where an application for rehearing is based upon the ground of error in the findings of the board the petition shall specify the matters claimed to have been erroneously decided; and if any order of the board is sought to be reversed or modified on account of facts arising subsequent to the hearing, such facts shall be clearly set forth in the application for rehearing.

Petitions in opposition to applications for rehearing, or for the reopening of a decided case, shall be filed with the board, as provided in rule IV, within 10 days from the date of service of such application, and shall conform to the specifications herein provided with respect thereto.

No application for or allowance of a rehearing, except by special order of the board, shall operate as a stay of any order of the board.

XXI. Reparation.-Any party lawfully complaining to the board may ask for reparation for any injury sustained by reason of any violation of the act occurring within two years prior to the filing of the complaint. Except in special cases and for good cause shown, however, reparation will not be awarded unless specially prayed for in the complaint or intervening petition, or in an amendment

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