pose of circulating or disposing of or aiding in the circulation or disposition of the same, shall, for every such offense, be punished by a fine of not more than $5,000 or by imprisonment for not more than five years, or by both such fine and imprisonment.

SECTION 41.

Lottery, gift enterprise, etc., circulars, etc., unmailable.

No letter, postal card, or circular concerning any lottery, so-called gift concert, or other enterprise offering prizes dependent upon lot or chance, and no list of the drawings at any lottery o. similar scheme, and no lottery ticket or part thereof, and no check, draft, bill, money, or money order for the purchase of any ticket, tickets, or part thereof, or of any share or any chance in any such lottery or gift enterprise or scheme shall be carried in the mail or delivered at or through any post-office or branch thereof, or by any letter carrier; nor shall any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery or gift enterprise of any kind offering prizes dependent upon lot or chance, or containing any list of prizes awarded at the drawings of any such lottery or gift enterprise, whether said list is of any part or of all of the drawings, be carried in the mail or delivered by any post: master or letter carrier. Whoever shall knowingly deposit or cause to be deposited, or shall knowingly send or cause to be sent, anything to be conveyed or delivered by mail in violation of this section, or shall knowingly cause to be delivered by mail anything herein forbidden to be carried by mail, shall be punished by a fine of not more than $500 or by imprisonment for not more than one year, or by both such fine and imprisonment.

SECTION 42.

Bringing lottery tickets into the country.

Whoever shall cause to be brought within the island of Cuba from abroad for the purpose of disposing of the same, or depositing the same therein for the purpose of having them carried by the mails of the island of Cuba, any papers, certificates, or instruments purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, so-called gift concert, or other enterprise offering prizes dependent upon lot or chance, shall cause any advertisement of such lottery, so-called gift concert, or other enterprise offering prizes dependent upon lot or chance, to be brought into the island of Cuba or deposited in or carried by the mails of the island of Cuba, shall be punished for the first offense by a fine of not more than $1,000 or by imprisonment for not more than two years, or by both fine and imprisonment, and for the second and subsequent offenses by imprisonment for not more than five years.

SECTION 43.

Postmasters not to be lottery agents.

No postmaster or other person employed in or otherwise connected with any branch of the department of posts shall act as agent for any lottery office or under any color of purchase or otherwise vend lottery tickets; nor shall he knowingly receive or send any lottery scheme, circular, or ticket. Whoever shall violate the provisions of this section shall be punished by a fine of not more than $100 or by imprisonment for not more than one year, or by both such fine and imprisonment.

SECTION 44.

Use of mails to promote frauds.

Whoever having devised or intending to devise any scheme or artifice to defraud or for obtaining money or property by means of false and fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, bank note, paper money, or any obligation or security of the United States or of any State or Territory thereof, or of the island of Cuba, or of any province, municipality, company, corporation, or person, or anything represented to be or intimated or held out to be such counterfeit or spurious article, or any scheme or artifice to obtain money by or through correspondence by what is commonly called the "sawdust swindle," or "counterfeit-money fraud," or by dealing or pretending to deal in what is commonly called "green articles," green coin," "green goods," "bills," "paper goods," "spurious Treasury notes," "United States goods," green cigars, or any other names or terms intended to be understood as relating to such counterfeit or spurious articles, to be effected by either opening or intending to open corre

spondence or communication with any person whether resident within or outside the island of Cuba, by means of the service of the department of posts, or by inciting or procuring such other person or any person to open communication with the person so devising or intending, shall, for the purpose of executing such scheme or artifice or attempting so to do, place or cause to be placed any letter, packet, package, writing, circular, pamphlet, or advertisement in any post-office, branch post-office, or street or hotel letter box of the island of Cuba, or authorized depository for mail matter, to be sent or delivered by the service of the department of posts, or shall take or receive any such therefrom, or shall knowingly cause to be delivered by mail according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such letter, packet, package. writing, circular, pamphlet, or advertisement, shall be punished by a fine of not more than $1,000 or by imprisonment for not inore than five years, or by both such fine and imprisonment. And no letter, postal card, package, circular, pamphlet, advertisement or other publication concerning or in any wise relating to any of the schemes, artifices, or devices hereinbefore described shall be carried in the mail, or delivered at or through any post-office or branch thereof, or by any letter carrier.

SECTION 45.

Fictitious address.

Whoever, for the purpose of conducting, promoting, or carrying on, in any manner by means of the service of the department of posts of the island of Cuba, any scheme or device mentioned in the preceding section, or any other unlawful business whatsoever, shall use or assume, or request to be addressed by, any fictitious, false, or assumed title, name, or address, or name other than his own proper name, or shall take or receive from any post-office or branch post-office of the island of Cuba, or any other authorized depository of mail matter, any letter, postal card, packet, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own legal and proper name, shall be punished in the manner provided in the section last preceding.

SECTION 46.

Delivery of mail matter for lottery and fraudulent concerns, etc., may be refused.

The director-general of posts may, upon evidence satisfactory to him that any person or company is engaged in conducting any lottery, gift enterprise, or scheme for the distribution of money, or of any real or personal property by lot, chance, or drawing of any kind, or that any person or company is conducting any scheme or device for obtaining money or property of any kind through the mails by means of false or fraudulent pretenses, representations, or promises, or any other scheme to defraud, or is conducting through the mails any business or scheme for the sale, dissemination, distribution, or circulation in any wise of any obscene, lewd, lascivions, indecent, filthy, vulgar, or profane book, pamphlet, picture, paper, letter, writing, print, or other publication of an indecent character, or of any article or thing designed or intended for the prevention of conception or procuring of abortion, or of any other article or thing intended or adapted for any indecent or immoral use, instruct postmasters at any post-office at which ordinary and registered letters or other mail matter arrive, directed to any such person or company, or to the agent or representative of any such person or company, whether such agent or representative is acting as an individual, or as a firm, bank, corporation, or association of any kind, to return all such letters to the postmasters at the office at which they were originally mailed with the word "Fraudulent" plainly written or stamped upon the outside thereof; and all such letters so returned to such postmasters shall be by them returned to the writers thereof, under such regulations as the director-general of posts may prescribe: Provided, however, That where the names and addresses of the senders do not appear on any ordinary letters they shall be forwarded to the dead-letter bureau at Habana, to be returned to the writers in the usual way, under such rules and regulations as the director-general of posts shall prescribe. But nothing contained in this section shall be so construed as to authorize any postmaster or other person to open any letter not addressed to himself, except in the dead-letter bureau as herein provided. The public advertisement by such person or company so conducting such lottery, gift enterprise, scheme, device, or business that remit tances for the same may be made by letter to any other person, firm, bank, corporation, or association named therein shall be held to be prima facie evidence of the existence of said agency by all the parties named therein, but the director-general of posts shall not be precluded from ascertaining the existence of such agency in any other legal way satisfactory to himself.

SECTION 47.

Payment of money orders for lottery and fraudulent concerns, etc., may be refused.

The director-general of posts may, upon evidence satisfactory to him that any person or company is engaged in conducting any lottery, gift enterprise, or scheme for the distribution of money or of any real or personal property by lot, chance, or drawing of any kind, or that any person or company is conducting any other scheme for obtaining money or property of any kind through the mails by means of false or fraudulent pretenses, representations, or promises, or any other scheme to defraud, or is conducting through the mails any business or scheme for the sale, dissemination, distribution, or circulation in any wise of any obscene, lewd, lascivious, indecent, filthy, vulgar, or profane book, pamphlet, picture, paper, letter, writing, print, or other publication of an indecent character, or of any article or thing designed or intended for the prevention of conceptian or procuring of abortion, or of any other article or thing intended or adapted for any indecent or immoral use, forbid the payment by any postmaster to said person or company of any postal money orders drawn to his or its order, or in his or its favor, or to the agent of any such person or company, whether such agent is acting as an individual or as a firm, bank, corporation, or association of any kind, and may provide by regulation for the return to the remitters of the sums named in such money orders. But this shall not authorize any person to open any letter not addressed to himself. The public advertisement by such person or company so conducting any such lottery, gift enterprise, scheme, device, or business, that remittances for the same may be made by means of postal money orders, to any other person, firm, bank, corporation, or association named therein shall be held to be prima facie evidence of the existence of said agency by all the parties named therein; but the director-general of posts shall not be precluded from ascertaining the existence of such agency in any other legal way satisfactory to himself.

SECTION 48.

Poisons and explosives nonmailable.

All kinds of poison, and all articles and compositions containing poison, and all poisonous animals, insects, and reptiles, and explosives of all kinds, and inflammable materials, and infernal machines, and mechanical, chemical, and other devices or compositions which may ignite or explode, and all disease germs or scabs, and all other natural or artificial articles, compositions, or materials of whatever kind which may kill, or in anywise hurt, harm, or injure another, or damage, deface, or otherwise injure the mails or other property, whether sealed as first-class matter or not, are hereby declared to be nonmailable matter, and shall not be conveyed in the mails or delivered from any post-office or branch thereof, nor by any letter carrier: Provided, however, That the director-general of posts may permit the transmission in the mails, under such rules and regulations as he shall prescribe as to preparation and packing, of any articles herein before described which are not outwardly of their own force dangerous or injurious to life, health, or property. Whoever shall knowingly deposit or cause to be deposited for mailing or delivery, or whoever shall cause to be delivered by mail 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 by this section to be nonmailable, unless in accordance with the rules and regulations hereby authorized to be prescribed by the director-general of posts, shall for every such offense be punished by a fine of not more than $1,000, or by imprisonment for not more than two years, or by such fine and imprisonment; and whoever shall knowingly deposit or cause to be deposited for mailing or delivery, or whoever shall knowingly cause 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 by this section to be nonmailable, whether transmitted in accordance with the rules and regulations authorized to be prescribed by the directorgeneral of posts or not, with the design, intent, or purpose to kill, or in anywise hurt, harm, or injure another, or damage, deface, or otherwise injure the mails or other property, shall for every such offense be punished by a fine of not more than $5,000 or by imprisonment for not more than ten years, or by both such fine and imprisonment.

SECTION 49.

Counterfeiting money orders.

Whoever shall, with intent to defraud, forge or counterfeit the signature of any postmaster, assistant postmaster, chief clerk, or clerk, upon or to any money order or blank thereof provided or issued by or under the direction of the department of

posts of the island of Cuba, of the United States, or any foreign country and payable in the island of Cuba, or any material signature or indorsement thereon, or any material signature to any receipt or certificate of identification thereon; or shall falsely alter, or cause or procure to be falsely altered in any material respect, or knowingly aid or assist in falsely so altering any such money order; or shall with intent to defraud, pass, utter, or publish any such forged or altered money order, knowing any material signature of indorsement thereon to be false, forged, or counterfeited, or any alteration therein to have been falsely made; or shall issue any money order without having previously received or paid the full amount of money payable therefor, with the purpose of fraudulently obtaining or receiving, or fraudulently enabling any other person, either directly or indirectly, to obtain or receive from the department of posts of the island of Cuba, cr any officer, employee, or agent thereof, any sum of money whatever; or shall with intent to defraud the department of posts of the island of Cuba, or any person, transmit in person, or present to, or cause or procure to be transmitted to or presented to any officer or employee, or at any office of the department of posts of the island of Cuba or elsewhere, any money order, knowing the same to contain any forged or counterfeited signature to the same, or to any material indorsement, receipt, or certificate thereon, or material alteration therein unlawfully made, or to have been unlawfully issued without previous payment of the amount required to be paid upon such issue, shall be punished by a fine of not more than $5,000, or by imprisonment for not more than five years, or by both such fine and imprisonment.

SECTION 50.

Counterfeiting postage stamps.

Whoever shall forge or counterfeit any postage stamp, or any stamp printed upon any stamped envelope, postal card, or any die, plate, or engraving thereof; or shall make, or print, or knowingly use or sell, or have in possession, with intent to use or sell, any such forged or counterfeited postage stamp, stamped envelope, postal card, die, plate, or engraving; or shall make, or knowingly use or sell, or have in possession, with intent to use or sell, any paper bearing the watermark of any stamped envelope, postal card, or any fraudulent imitation thereof; or shall make or print, or authorize or procure to be made or printed, any postage stamp, stamped envelope, or postal card of the kind authorized and provided by the department of posts of the island of Cuba, without the special authority and direction of the said department; or shall, after such postage stamp, stamped envelope, or postal card has been printed, and with the intent to defraud, deliver the same to any person not authorized by an instrument in writing, duly executed under the hand of the director-general of posts, and the seal of the department of posts, to receive them, shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment for not less than one year nor more than five years, or by both such fine and imprisonment.

SECTION 51.

Counterfeiting foreign stamps.

Whoever shall forge or counterfeit or knowingly utter or use any forged or counterfeited postage stamp of the United States or any foreign government shall be punished by a fine of not less than $100 nor more than $500, or be imprisoned for not less than one year nor more than five years, or by both such fine and imprisonment.

SECTION 52.

Inclosing higher-class in 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 the rules and regulations of the department of posts 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 director-general of posts such postage shall be remitted, and whoever shall knowingly conceal or inclose any matter of a higher class in that of lower class, and deposit, or cause the same to be deposited for conveyance by mail at a less rate than would be charged for both such higher and lower class matter shall for every offense be punished by a fine of not less than $10 nor more than $100, or by imprisonment for not more than sixty days, or by both such fine and imprisonment.

SECTION 53.

Affidavit by publisher, etc.

The director-general of posts, when in his judgment it shall be necessary, may prescribe, by regulation, an affidavit in form to be taken by each publisher of any newspaper or periodical publication sent through the mails, or of any employee of such publisher, stating that he will not send, or knowingly permit to be sent, through the mails any copy or copies of such newspaper as second-class matter, except to regular subscribers thereof or to news agents, and if such publisher, or employee of such publisher, when required by the director-general or any special agent or other anthorized officer of the department of posts to make such affidavit, shall refuse so to do and shall thereafter, without having made such affidavit, deposit any newspapers in the mail for transmission as second-class matter, he shall be punished by a fine of not less than $100 nor more than $1,000; and if any person shall knowingly and willfully mail any mail matter as second-class matter, knowing the same not to be entitled to the rate prescribed for second-class matter, with the intention to avoid the payment of proper postage thereon, or if any postmaster or other person connected with the service of the department of posts shall knowingly permit any matter to be mailed without prepayment of postage, or shall permit any matter to be classified contrary to law and in violation of the rules and regulations of the department of posts, he shall be punished by a fine of not less than $100 nor more than $1,000, or imprisonment not more than one year, or both fine and imprisonment.

SECTION 54.

False evidence as to second-class matter.

Whoever shall submit or cause to be submitted to any postmaster or to the department of posts, or any person employed in the service of said department, any false evidence relative to the character of any publication, for the purpose of securing the admission thereof at the second-class rate for transportation in the mail, shall for every such offense be punished by a fine of not less than $100 nor more than $500, or by imprisonment for not more than one year, or by both such fine and imprisonment.

SECTION 55.

Misappropriation of money or property.

Whoever, being a postmaster, assistant postmaster, cashier, or other person employed in or in any way connected with the business or operations of any branch of the service of the department of posts, shall convert to his own use any money, postage stamps, stamped paper, or other property of the department of posts, or in the custody of, or in use by, said department, or postal, money order, or other funds coming into his hands in any manner whatever, or any money or property which may have come into his possession or under his control in the execution of such office, employment, or service, or under color or claim of authority as such officer, employee, or agent, whether the same shall be the money or property of the department of posts or in the custody of, or in use by said department, or of some other person or party; or shall fail safely to keep any such money, stamps, stamped paper, postal, money order, or other funds, or other property, whether the same is the property of the department of posts or in the custody of, or in use by said department, or the property of some other person or party, without loaning, using, depositing in banks, except as authorized by the regulation of the department of posts, or exchanging for funds of property other than such as are especially allowed by the regulations of the department of posts; or shall fail to remit to or deposit at a designated depository, or turn over to the proper officer or officers, agent or agents any such money, stamps, stampe.l paper, postal, money order, or other funds, or other property, whether the same is the property of the department of posts or in the custody of, or in use by, said department, or the property of some other person or party, when required so to do by law or the regulations of the department or posts, or upon demand or order of the directorgeneral of posts, either directly or through a duly authorized and accredited officer or agent of the department of posts, or shall advise or participate in any of the offenses defined in this section, shall for every such offense be punished by impris onment for not less than six months nor more than ten years, or by a fine in a sum equal to the amount embezzled, or by both such fine and imprisonment; and any failure to produce any money, postage stamps, stamped paper, postal, money order, or other funds, or other property, whether the property of the department of posts or in the custody of, or in use by, said department, or the property of any other person or party, when required so to do as herein before provided, shall be taken to be prima