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The word "one" was substituted for "five" in the punishment clause thus bringing the offense within the misdemeanor category and permitting prosecution on information. The 5-year penalty was disproportionate in view of the 2-year penalty in section 1715 of this title.

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title.

Minor verbal changes were made.

Shall be fined not more than $500 or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 780.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 329 and on section 172 of title 39, U. S. C., 1940 ed., The Postal Service (Aug. 4, 1886, ch, 901, $ 3, 24 Stat. 221; Mar. 4, 1909, ch. 321, $ 206, 35 Stat. 1128; June 10, 1921, ch, 18, $ 304, 42 Stat. 24).

Said sections were consolidated.

The texts of the two sections were substantially identical except that said section 172 of title 39 U. S. C., 1940 ed., provided that “whenever, upon evidence deemed satisfactory to him, the Postmaster General shall determine that any such false return has been made, he may, by order, fix absolutely the compensation of the postmaster for such special delivery during any quarter or quarters which he shall deem affected by such false return, and the General Accounting Office shall adjust the postmaster's account accordingly", the words "General Accounting Office” having been substituted for “Auditor" on the authority of the Act of June 10, 1921 shown in the credits above, This particular language was omitted because such powers and duties as it prescribes would devolve upon the Postmaster General without legislation and also because said section 172 of Title 39, which was derived from the Act of August 4, 1886, shown in the credits above, was impliedly repealed by the general repealing clause of section 341 of the Criminal Code of 1909. Section 208 of that Code contained the provisions which formed the basis for said section 329 of Title 18.

Reference in said section 329 of title 18 U. S. C., 1940 ed., to persons assisting, causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Minor verbal changes were made.

CROSS REFERENCES Postmaster General authorized to withhold commissions in case of false returns, see section 45 of Title 39, The Postal Service.

8 1715. Firearms as nonmailable; regulations.

Pistols, revolvers, and other firearms capable of being concealed on the person are nonmailable and shall not be deposited in or carried by the mails or delivered by any postmaster, letter carrier, or other person in the Postal Service. Such articles may be conveyed in the mails, under such regulations as the Postmaster General shall prescribe, for use in connection with their official duty, to officers of the Army, Navy, Air Force, Coast Guard, Marine Corps, or Organized Reserve Corps; to officers of the National Guard or Militia of a State, Territory, or District; to officers of the United States or of a State, Territory, or District whose official duty is to serve warrants of arrest or commitments; to employees of the Postal Service; to officers and employees of enforcement agencies of the United States; and to watchmen engaged in guarding the property of the United States, a State, Territory, or District. Such articles also may be conveyed in the mails to manufacturers of firearms or bona fide dealers therein in customary trade shipments, including such articles for repairs or replacement of parts, from one to the other, under such regulations as the Postmaster General shall prescribe.

Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail according to the direction thereon, or at any place to which it is directed to be delivered by the person to whom it is addressed, any pistol, revolver, or firearm declared nonmailable by this section, shall be fined not more than $1,000 or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 781; May 24, 1949, ch. 139, $ 40, 63 Stat. 95.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 361 (Feb. 8, 1927, ch. 75, § 1, 44 Stat. 1059; May 15, 1939, ch. 134, 53 Stat. 744; Mar. 7, 1942, ch. 160, 56 Stat. 141).

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal” in section 2 of this title. Minor changes were made in phraseology.

AMENDMENTS 1949—Act May 24, 1949 amended section by inserting "Air Force” following “Navy" and inserting "Organized" in lieu of "Officers'” preceding "Reserve Corps" in first par. to make section applicable to the Air Force and to conform to the grouping of all reserve branches into a single reserve component.

81713. Issuance of money orders without payment.

Whoever, being a postmaster or other person employed in any branch of the Postal Service, issues a money order without having previously received the money therefor, shall be fined not more than $500. (June 25, 1948, ch. 645, § 1, 62 Stat. 781.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 333 (Mar. 4, 1909, ch. 321, $ 210, 85 Stat. 1129).

Minor change was made in phraseology. 8 1714. Foreign divorce information as nonmailable

Every written or printed card, circular, letter, book, pamphlet, advertisement, or notice of any kind, giving or offering to give information concerning where or how or through whom a divorce may be secured in a foreign country, and designed to solicit business in connection with the procurement thereof, is nonmailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.

Whoever knowingly deposits, for mailing or delivery, anything declared by this section to be nonmailable, or knowingly takes the same from the mails for the purpose of circulating or disposing thereof, shall be fined not more than $5,000 or imprisoned for not more than one year, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 781.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 338C (Aug. 10, 1939, ch. 638, § 1, 53 Stat. 1841).

$ 1716. Injurious articles as nonmailable.

All kinds of poison, and all articles and compositions containing poison, and all poisonous animals, insects, reptiles, and all explosives, inflammable materials, infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, and all disease germs or scabs, and all other natural or artificial articles, compositions, or material which may kill or injure another, or injure

1920, ch. 196, 41 Stat. 620; Jan. 11, 1929, ch. 53, 45 Stat. 1072; June 19, 1934, ch, 650, 48 Stat. 1063).

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal” in section 2 of this title.

The maximum of "twenty years" was reduced to "ten years" as more consistent with such comparable sections as sections 111 and 1113 of this title.

Minor changes were made in phraseology.

AMENDMENTS

the mails or other property, whether or not sealed as first-class matter, are nonmailable matter and shall not be conveyed in the mails or delivered from any post office or station thereof, nor by any letter carrier.

The Postmaster General may permit the transmission in the mails, under such rules and regulations as he shall prescribe as to preparation and packing, of any such articles which are not outwardly or of their own force dangerous or injurious to life, health, or property.

The transmission in the mails of poisonous drugs and medicines may be limited by the Postmaster General to shipments of such articles from the manufacturer thereof or dealer therein to licensed physicians, surgeons, dentists, pharmacists, druggists, cosmetologists, barbers, and veterinarians, under such rules and regulations as he shall prescribe. .

The transmission in the mails of poisons for scientific use, and which are not outwardly dangerous or of their own force dangerous or injurious to life, health, or property, may be limited by the Postmaster General to shipments of such articles between the manufacturers thereof, dealers therein, bona fide research or experimental scientific laboratories, and such other persons who are employees of the Federal, a State, or local government, whose official duties are comprised, in whole or in part, of the use of such poisons, and who are designated by the head of the agency in which they are employed to receive or send such articles, under such rules and regulations as the Postmaster General shall prescribe.

All spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind are nonmailable and shall not be deposited in or carried through the mails.

Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mall, according to the direction thereon, or at any place at which it is directed to be delivered by the person to whom it is addressed, anything declared nonmailable by this section, unless in accordance with the rules and regulations authorized to be prescribed by the Postmaster General, shall be fined not more than $1,000 or imprisoned not more than two years, or both.

Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, according to the direction thereon or at any place to which it is directed to be delivered by the person to whom it is addressed, anything declared nonmailable by this section, whether or not transmitted in accordance with the rules and regulations authorized to be prescribed by the Postmaster General, with intent to kill or injure another, or injure the mails or other property, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 781; May 8, 1952, ch. 246, 66 Stat. 67.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., & 340 (Mar. 4, 1909, ch. 321, $ 217, 35 Stat. 1131; May 25,

1952—Act May 8, 1952, amended section by inserting fourth paragraph to extend the Postmaster General's authority as it relates to the transmission of poisonous drugs through the malls for scientific purposes.

CROSS REFERENCES Mailing of packages containing any plant or plant product into a State maintaining terminal inspection thereof, without marking the contents of such package on the outside, prohibited, see section 166 of Title 7, Agriculture. 81717. Letters and writings as nonmailable; opening

letters. (a) Every letter, writing, circular, postal card, picture, print, engraving, photograph, newspaper, pamphlet, book, or other publication, matter or thing, in violation of sections 499, 506, 793, 794, 915. 954, 956, 957, 960, 964, 1017, 1542, 1543, 1544 or 2388 of this title or which contains any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States is nonmailable and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.

(b) Whoever uses or attempts to use the mails or Postal Service of the United States for the transmission of any matter declared by this section to be nonmailable, shall be fined not more than $5,000 or imprisoned not more than ten years or both.

(c) No person other than a duly authorized employee of the Dead Letter Ofice, or other person upon a search warrant authorized by law, shall open any letter not addressed to himself. (June 25, 1948, ch. 645, § 1, 62 Stat. 782.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., 88 343, 344, 345, 346 (June 15, 1917, ch. 30, title XII, 881–3, title XIII, § 1, 40 Stat. 230, 231; Mar. 28, 1940, ch. 72, 89, 54 Stat. 80).

Section consolidates said sections 343–345 of title 18, U. 8. C., 1940 ed. The provision as to opening letters was incorporated in paragraph (c).

Venue provistons in said section 345 of title 18, U. 8. C., 1940 ed., were omitted as covered by section 3237 of this title.

Section 346 of title 18, U. S. C., 1940 ed., defining “United States" was omitted. It is incorporated, however, in section 5 of this title.

References in text to other sections do not include definitive sections. Only those susceptible of violation are cited.

Mandatory punishment provision was rephrased in the alternative. (See reviser's note under section 201 of this title.)

Minor changes were made in arrangement, translation, and phraseology.

CROSS REFERENCES Jurisdiction of offenses, see section 3241 of this title. § 1718. Libelous matter on wrappers or envelopes.

All matter otherwise mailable by law, upon the envelope or outside cover or wrapper of which, or any postal card upon which is written or printed or other wise impressed or apparent any delineation, epithet, term, or language of libelous, scurrilous, defamatory, or threatening character, or calculated by the terms or manner or style of display and obviously intended to reflect injuriously upon the character or conduct of another, is nonmailable matter, and shall not be conveyed in the mails nor delivered from any post ofice nor by any letter carrier, and shall be withdrawn from the mails under such regulations as the Postmaster General shall prescribe.

Whoever knowingly deposits for mailing or delivery, anything declared by this section to be nonmailable matter, or knowingly takes the same from the mails for the purpose of circulating or disposing of or aiding in the circulation or disposition of the same, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, $ 1, 62 Stat. 782.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 335 (Mar. 4, 1909, ch. 321, § 212, 35 Stat. 1129).

Provision relating to mailing indecent and obscene matter was incorporated in chapter "Obscenity," section 1463 of this title.

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal” in section 2 of this title. Minor verbal changes were made.

The punishment provisions were rewritten to make the maximum fine “$1,000" and the maximum imprisonment, “one year" instead of “$5,000" and "five years." The offense is essentially criminal libel which normally is regarded as a misdemeanor. (See New York Penal Code, sections 1340 and 1341.)

Minor verbal changes were made.

card, with intent to use the same or knowingly sells or offers to sell any such postage stamp, stamped envelope, or postal card, or uses or attempts to use the same in payment of postage; or

Whoever unlawfully and willfully removes from any mail matter any stamp attached thereto in payment of postage; or

Whoever knowingly uses in payment of postage, any postage stamp, postal card, or stamped envelope, issued in pursuance of law, which has already been used for a like purpose

Shall be fined not more than $500 or imprisoned not more than one year, or both; but if he is a person employed in the Postal Service, he shall be fined not more than $500 or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, $ 1, 62 Stat. 783.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 328 (Mar. 4, 1909, ch. 821, $ 205, 35 Stat. 1127).

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Minor verbal changes were made.

CROSS REFERENCES Forfeiture of counterfeit paraphernalla, see section 492 of this title.

8 1719. Franking privilege.

Whoever makes use of any oficial envelope, label, or indorsement authorized by law, to avoid the payment of postage or registry fee on his private letter, packet, package, or other matter in the mail, shall be fined not more than $300. (June 25, 1948, ch. 645, § 1, 62 Stat. 783.)

LEGISLATIVE HISTORY Reviser's Note. Based on title 18, U. S. C., 1940 ed., $ 357 (Mar. 4, 1909, ch. 321, $ 227, 35 Stat. 1184).

Minor verbal change was made. Section 746 (f) of title 8, U. S. C., 1940 ed., Aliens and Nationality, providing same penalty for misuse of franking privilege in naturalization service, should be repealed as covered by this ser:tion. The proviso in section 337 of title 39, U. S. C., 1940 ed., The Postal Service, should also be repealed for the same reason.

CROSS REFERENCES Franking privilege, see section 321 et seq. of Title 39, The Postal Service.

$ 1721. Sale or pledge of stamps.

Whoever, being a postmaster or Postal Service employee entrusted with the sale or custody of postage stamps, stamped envelopes, or postal cards, uses or disposes of them in the payment of debts, or in the purchase of merchandise or other salable articles, or pledges or hypothecates the same, or sells or disposes of them except for cash; or sells or disposes of postage stamps or postal cards for any larger or less sum than the values indicated on their faces; or sells or disposes of stamped envelopes for a larger or less sum than is charged therefor by the Post Office Department for like quantities; or sells or disposes of postage stamps, stamped envelopes, or postal cards at any point or place outside of the delivery of the ofice where such postmaster or other person is employed; or for the purpose of increasing the emoluments, or compensation of the postmaster or any employee of a post office or station thereof, or the allowances or facilities provided therefor, induces or attempts to induce any person to purchase at such post office or any station thereof, or from any employee of such post office, postage stamps, stamped envelopes, or postal cards; or sells or disposes of postage stamps, stamped envelopes, or postal cards, otherwise than as provided by law or the regulations of the Post Office Department, shall be fined not more than $500 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 783.)

LEGISLATIVE HISTORY Reviser's Note.--Based on section 331 of title 18 and section 364 of title 39, The Postal Service, both U. S. C., 1940 ed. (R. S. $ 3920; Mar. 4, 1909, ch. 321, § 208, 35 Stat. 1128).

Said sections were consolidated with only minor changes in phraseology.

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title.

$ 1720. Canceled stamps and envelopes.

Whoever uses or attempts to use in payment of postage, any canceled postage stamp, whether the same has been used or not, or removes, attempts to remove, or assists in removing, the canceling or defacing marks from any postage stamp, or the superscription from any stamped envelope, or postal card, that has once been used in payment of postage, with the intent to use the same for a like purpose, or to sell or offer to sell the same, or knowingly possesses any such postage stamp, stamped envelope, or postal

$ 1722. False evidence to secure second-class rate.

Whoever knowingly submits to any postmaster or to the Post Office Department or any officer of the Postal Service, any false evidence relative to any publication for the purpose of securing the admission thereof at the second-class rate, for transportation in the mails, shall be fined not more than $500. (June 25, 1948, ch. 645, § 1, 62 Stat. 783.)

LEGISLATIVE HISTORY Reviser's Note. Based on title 18, U. S. C., 1940 ed., § 353 (Mar. 4, 1909, ch. 321, § 223, 35 Stat. 1138).

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title.

Minor verbal change was made. 8 1723. Avoidance of postage by using lower class

matter. Matter of the second, third, or fourth class containing any writing or printing in addition to the original matter, other than as authorized by law, shall not be admitted to the mails, nor delivered, except upon payment of postage for matter of the first class, deducting therefrom any amount which may have been prepaid by stamps affixed, unless by direction of the Postmaster General such postage shall be remitted.

Whoever knowingly conceals or incloses any matter of a higher class in that of a lower class, and deposits the same for conveyance by mail, at a less rate than would be charged for such higher class matter, shall be fined not more than $100. (June 25, 1948,

an $100. (June 25, 1948, ch. 645, § 1, 62 Stat. 784.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 851 (Mar. 4, 1909, ch. 321, $ 221, 35 Stat. 1132),

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Minor verbal changes were made.

CROSS REFERENCES Permissible inclosures in second, third, and fourth class matter, see section 249 of Title 39, The Postal Service. 3 1724. Postage on mail delivered by foreign vessels.

Except as otherwise provided by treaty or convention the Postmaster General may require the transportation by any steamships of mail between the United States and any foreign port at the compensation fixed under authority of law. Upon refusal by the master or the commander of such steamship or vessel to accept the mail, when tendered by the Postmaster General or his representative, the collector or other officer of the port empowered to grant clearance, on notice of the refusal aforesaid, shall withhold clearance until the collector or other officer of the port is informed by the Postmaster General or his representative that the master or commander of the steamship or vessel has accepted the mail or that conveyance by his steamship or vessel is no longer required by the Postmaster General. (June 25, 1948, ch. 645, § 1, 62 Stat. 784; Sept. 25, 1951, ch. 413, § 1 (4), 65 Stat. 336.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 326 (Mar. 4, 1909, ch. 321, $ 203, 35 Stat. 1127; Feb. 6, 1929, ch. 167, 45 Stat. 1163).

AMENDMENTS 1951–Act Sept. 25, 1951, amended section by repealing former first paragraph relating to penalties for failure to pay postage on or unlawful conveyance of mail to or from any part of the United States by foreign vessels. 8 1725. Postage unpaid on deposited mail matter.

Whoever knowingly and willfully deposits any mailable matter such as statements of accounts, circulars, sale bills, or other like matter, on which no postage has been paid, in any letter box established, approved, or accepted by the Postmaster General for the receipt or delivery of mail matter on any mail route with intent to avoid payment of lawful postage thereon, shall for each such offense be fined not more than $300. (June 25, 1948, ch. 645, § 1, 62 Stat. 784.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 321a (May 7, 1934, ch. 220, § 2, 48 Stat. 667).

Reference to persons aiding or assisting was deleted as unnecessary since such persons are made principals by section 2 of this title.

Minor verbal changes were made. $1726. Postage collected unlawfully.

Whoever, being a postmaster or other person authorized to receive the postage of mail matter, fraudulently demands or receives any rate of postage or gratuity or reward other than is provided by law for the postage of such mail matter, shall be fined not more than $100 or imprisoned not more than six months or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 784.)

LEGISLATIVE HISTORY Reviser's Note.--Based on title 18, U. S. C., 1940 ed., $ 330 (Mar. 4, 1909, ch. 321, § 207, 35 Stat. 1128).

Minor verbal changes were made. 81727. Postage accounting.

Whoever, being a postmaster or other person engaged in the Postal Service, collects and fails to account for the postage due upon any article of mail matter which he may deliver, without having previously affixed and canceled the special stamp provided by law, or fails to affix such stamp, shall be fined not more than $50. (June 25, 1948, ch, 645, § 1, 62 Stat. 785.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 332 (Mar. 4, 1909, ch. 321, $ 209, 35 Stat. 1128). Minor verbal changes were made.

§ 1728. Weight of mail increased fraudulently.

Whoever places any matter in the mails during the regular weighing period, for the purpose of increasing the weight of the mail, with intent to cause an increase in the compensation of the railroad mail carrier over whose route such mail may pass, shall be fined not more than $20,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 785.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 358 (Mar. 4, 1909, ch. 321, $ 228, 35 Stat. 1134).

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title.

Minor verbal changes were made.

8 1729. Post office conducted without authority. be fined not more than $5,000 or imprisoned not more

Whoever, without authority from the Postmaster than one year, or both; and shall be dismissed from General, sets up or professes to keep any office or office and disqualified from holding the office of postplace of business bearing the sign, name, or title of master. (June 25, 1948, ch. 645, § 1, 62 Stat. 785.) post office, shall be fined not more than $500. (June

LEGISLATIVE HISTORY 25, 1948, ch. 645, § 1, 62 Stat. 785.)

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 352 LEGISLATIVE HISTORY

(Mar. 4, 1909, ch. 321, $ 222, 36 Stat. 1133).

Minor verbal changes were made. Reviser's Note.—Based on title 18, U. S. C., 1940 ed., $ 302 (Mar. 4, 1909, ch. 321, $ 179, 35 Stat. 1123).

Chapter 85.—PRISON-MADE GOODS
Minor verbal changes were made.

Sec.
CROSS REFERENCES

1761. Transportation or importation. Establishing post offices, see section 1 et seq. of Title 39,

1762. Marking packages. The Postal Service.

§ 1761. Transportation or importation. $ 1730. Uniforms of carriers.

(a) Whoever knowingly transports in interstate Whoever, not being connected with the letter commerce or from any foreign country into the carrier branch of the Postal Service, wears the uni- United States any goods, wares, or merchandise manform or badge which may be prescribed by the Post- ufactured, produced, or mined, wholly or in part by master General to be worn by letter carriers, shall convicts or prisoners, except convicts or prisoners on be fined not more than $100 or imprisoned not more parole or probation, or in any penal or reformatory than six months, or both. (June 25. 1948, ch. 645, institution, shall be fined not more than $1,000 or § 1, 62 Stat. 785.)

imprisoned not more than one year, or both.

(b) This chapter shall not apply to agricultural LEGISLATIVE HISTORY

commodities or parts for the repair of farm machinReviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 310 (Mar. 4, 1909, ch. 321, $ 187, 35 Stat. 1124).

ery, nor to commodities manufactured in a Federal, Minor verbal change was made.

District of Columbia, or State institution for use by CROSS REFERENCES

the Federal Government, or by the District of CoUniform for carriers, see section 154 of Title 39, The

lumbia, or by any State or Political subdivision of a Postal Service.

State. (June 25, 1948, ch. 645, § 1, 62 Stat. 785.) 8 1731. Vehicles falsely labeled as carriers.

LEGISLATIVE HISTORY

Reviser's Note.--Based on title 18, U. S. C., 1940 ed., It shall be unlawful to paint, print, or in any man

$$ 396a, 396b (July 24, 1935, ch. 412, § 1, 49 Stat. 494; Oct. ner to place upon or attach to any steamboat or other 14, 1940, ch. 872, 54 Stat. 1134; July 9, 1941, ch. 283, 55 vessel, or any car, stagecoach, vehicle, or other con Stat. 581). veyance, not actually used in carrying the mail, the

Section consolidates sections 396a and 396b of title 18,

U. S. C., 1940 ed. Each section related to the same subwords “United States Mail”, or any words, letters,

ject matter and defined the same offense. Section 396a or characters of like import; or to give notice, by of title 18, U. 8. C., 1940 ed., was enacted later and superpublishing in any newspaper or otherwise, that any seded section 396b of title 18, U. S. C., 1940 ed. steamboat or other vessel, or any car, stagecoach, Reference to persons aiding, causing or assisting was

omitted. Such persons are principals under section 2 vehicle, or other conveyance, is used in carrying the

of this title. mail, when the same is not actually so used.

Reference to states, territories, specific places, etc., were Whoever violates, and every owner, receiver, lessee, omitted. This was made possible by insertion of words or managing operator who suffers, or permits the

"interstate commerce or from any foreign country into

the United States," and by definitive section 10 of this violation of, any provision of this section, shall he

title. fined not more than $500 or imprisoned not more Subsection (b) was rewritten to eliminate ambiguity and than six months, or both. (June 25, 1948, ch. 645, uncertainty by expressly making the exceptive language § 1, 62 Stat. 785.)

apply to the entire chapter and by permitting State in.

stitutions to manufacture goods for the Federal Gov. LEGISLATIVE HISTORY

ernment and the District of Columbia and vice versa. In Reviser's Note.-Based on title 18, U. S. C., 1940 ed., such subsections, the words “penal and correctional" and § 311 (Mar. 4, 1909, ch. 321, $ 188, 35 Stat. 1124).

"penal or correctional," preceding "institutions" and "inReference to persons causing or procuring was omitted stitution," respectively, were omitted as surplusage. as unnecessary in view of definition of "principal” in sec Minor changes in phraseology were made. tion 2 of this title.

CANAL ZONE The punishment provision was rewritten to conform more closely with comparable offenses in other sections.

Applicability of section to Canal Zone, see section 14 of (See sections 1729 and 1730 of this title.)

this title. Minor verbal changes were made.

CROSS REFERENCES

Divesting prison-made goods of interstate character, see $ 1732. Approval of bond or sureties by postmaster. section 60 of Title 49, Transportation. Whoever, being a postmaster, affixes his signature

Forfeiture of goods, see section 1762 of this title

Jurisdiction and venue of offenses begun in one district to the approval of any bond of a bidder, or to the

and completed in another, see section 3237 of this title. certificate of sufficiency of sureties in any contract, before the said bond or contract is signed by the

8 1762. Marking packages. bidder or contractor and his sureties, or knowingly, (a) All packages containing any goods, wares, or or without the exercise of due diligence, approves any merchandise manufactured, produced, or mined bond of a bidder with insufficient sureties, or know. wholly or in part by convicts or prisoners, except coningly makes any false or fraudulent certificate, shall victs or prisoners on parole or probation, or in any

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