liver letters at Vessels to de- SEC. 179. No vessel arriving within a port or collection post-office; oath. district of the United States shall be allowed to make R. S., s. 3988. of Collection unlawful postage forbidden. R. S., s. 3899. Removal and reuse of stamps. 3923, 3924, 3925. Stat. L., 355, 18, entry or break bulk until all letters on board are delivered to the nearest post-office, and the master or other person having charge and control thereof has signed and sworn to the following declaration before the collector or other proper customs officer: I, A. B., master of the arriving from and now laying in the port of do solemnly swear (or affirm) that I have to the best of my knowledge and belief delivered at the post-office at every letter and every bag, packet, or parcel of letters which were on board the said vessel during her last voyage, or which were in my possession or under my power or control. And any master or other person having charge or control of such vessel who shall break bulk before he has delivered such letters shall, for every such offense, be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment. SEC. 180. Whoever, being a postmaster or other person authorized to receive the postage of letters, shall fraudulently demand or receive any rate of postage or gratuity or reward other than is provided by law for the postage of such mail matter, shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment. SEC. 181. Whoever shall use or attempt to use in payR. S., ss. 3922, ment of postage any postage stamp or stamped envelope, 3 Mar., 1879, 20 or any stamp cut or removed from any such stamped S.25, 1, 219 envelope, which has been before used for a like purpose; or shall use or attempt to use in payment of postage any cancelled postage stamp, whether the same had been before used or not; or who shall by any means remove or attempt to remove or assist in removing marks from any postage stamp or stamped envelope with intent to use the same in payment of postage; or shall with like intent remove from any letter or other mail matter deposited in or received at a post-office or other authorized depository of mail matter any stamp attached to the same in payment of postage; or shall knowingly have in his possession any postage stamp so cancelled or removed, or from which such cancellation marks have been removed, with intent to use the same; or shall sell or offer to sell any such stamp or stamps; or shall remove the superscription from any stamped envelope or postal card that has once been used in the payment of postage, with intent to use the same again for a like purpose, shall be punished for each offense by imprisonment for not more than three years, or by a fine of not more than five hundred dollars, or by both such imprisonment and fine. to increase com 17 June, 1878; SEC. 182. Whoever, being a postmaster or other person False returns employed in any branch of the postal service, shall make pensation. or assist in making, or cause to be made, a false return, 20 Stat. L., c. 259, statement, or account to any officer of the United States s. 1; 1 Supp., 187. U.S. v. Snyder, for the purpose of fraudulently increasing his compen- 14 Fed. Rep., 554. sation or the compensation of the postmaster or other employee in a post-office; or whoever, being a postmaster or other person employed in any branch of the postal service, shall induce, or cause to be induced, for the purpose of increasing the emoluments or compensation of his office, any person to deposit mail matter in, or forward in any manner for mailing at, the office where such postmaster or other person is employed, when such person does not reside or do business within the delivery of such post-office; or whoever shall advise or participate in any of the offenses defined in this section, shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than two years, or by both such fine and imprisonment. pledging or sale 20 Stat. L., c. 259, Palliser v. U.S., S. v. Williamson, U.S. v. Douglass, U. S. v. Walter 87 Fed. Rep., 721. SEC. 183. Whoever, being a postmaster or other personUnlawful employed in any branch of the postal service, and being of stamps. intrusted with the sale or custody of postage stamps, 17 June, 1878; stamped envelopes, or postal cards, shall use or dispose of s. 1; 1Supp., 187. them in the payment of debts, or in the purchase of mer- 136 U. S., 257; U. chandise or other salable articles, or pledge or hypothecate 26 Fed. Rep., 690 the same, or sell or dispose of them except for cash; or 33 Fed. Rep., 381; sell or dispose of postage stamps or postal cards for any Scott Stamp Co., larger or less sum than the values indicated on their faces; or sell or dispose of stamped envelopes for a larger or less sum than is charged therefor by the Post-Office Department for like quantities; or sell or dispose of, or cause to be sold or disposed of, postage stamps, stamped envelopes, or postal cards at any point or place outside of the delivery of the office where the postmaster or other person is employed; or induce or cause to be induced, for the purpose of increasing the emoluments or compensation of the office, any person to purchase postage stamps, stamped envelopes, or postal cards at the office where such postmaster or other person is employed when such person does not reside nor count for postage stamps, etc., by Stat. L., c. 180, s. do business within the delivery of such post-office; or sell or dispose of postage stamps, stamped envelopes, or postal cards otherwise than as provided by law and the regulations of the Post-Office Department, shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than one year, or both such fine and imprisonment. Failure to ac- SEC. 184. Whoever, being a postmaster or other person and to cancel engaged in the postal service, shall collect and fail to acofficials. count for the postage due upon any article of mail matter 3 Mar., 1879; 20 which he may deliver without having previously affixed 27; 1 Supp., 245. and canceled the special stamp provided by law, or shall fail to affix such stamp, shall be punished by a fine of not more than fifty dollars, or by imprisonment for not more than two months, or by both such fine and imprisonment. SEC. 185. Every obscene, lewd, lascivious, indecent, vile, or filthy book, pamphlet, picture, paper, letter, writEx parte Jack ing, print, or any publication of an indecent character, Re Rapier, 143 and every article or thing designed or intended for the v. Chase, 135 U. prevention of conception or the producing of abortion, Rep., 807; Grimm and every article or thing intended or adapted for any 604, 50 Fed. Rep., indecent or immoral use, and every written or printed Obscene, etc., matter nonmail able. R. S., s. 3893. son, 96 U. S., 727; U. S., 110; U. S. S., 255, 27 Fed. v. U.S., 156 U. S., 528; Rosen v. U. S., 161 U. S., 29; card, letter, circular, book, pamphlet, advertisement, or Andrews v. Ü. S., 162 U.S., 420, 58 rectly, where, or how, or of whom, or by what means any Fed. Rep., 768; U.S., 311; Dunlop 486; Re Jackson, Fed. Cas., 194; U. Blatch., 338, 24 U. S. v. Bott, 11 Price v. U. S., 165 of the hereinbefore-mentioned matters, articles, or things v. U.S., 165 U. S., may be obtained or made, whether sealed as first-class 14 Blatch., 245, 13 matter or not, or any letter, packet, or package, or other S. v. Bennett, 16 mail matter containing any filthy, vile, or indecent artiFed. Cas.. 1093; cle, device, or substance, are hereby declared to be nonBlatch., 346, 24 mailable matter and shall not be conveyed in the mails or U.S. v. Cotting delivered from any post-office or by any letter carrier, and 470, 25 Fed. Cas., whoever shall knowingly deposit, or cause to be deposited Foote, 13 Blatch., for mailing or delivery, or shall knowingly cause to be 1140; U. S. v. delivered by mail, according to the direction thereon, or 354, 25 Fed. Cas., at the place at which it is directed to be delivered by the Fed. Cas., 1204; ham, 2 Blatch., 673; U. S. v. 418, 25 Fed. Cas., Foye, 1 Curtis, 1198; U. S. v. Kel 26 Fed. Cas., 695; ley, 3 Sawy., 566, person to whom it is addressed, any matter declared by U. S. v. Pond, 2 this section to be nonmailable, or who shall knowingly Fed. Cas., 591; U. take, or cause the same to be taken, from the mails for the Curtis, 265, 27 S. v. Pratt, 2 Am. S.), 228, 27 Fed. Whittier, 5 Dill, 35, 28 Fed. Cas., 591; U. S. v. Wil L. T. Rep., N. purpose of circulating or disposing thereof, or of aiding Cas., 611; U. S. v. in the circulation or disposition thereof, shall for every offense be punished by a fine of not more than five thouliams, 3 Fed. sand dollars, or by imprisonment for not more than five 2. U. S., 10 Fed. years, or by both such fine and imprisonment. Any perSmith, 11 Fed, son violating any of the provisions of this section may be Rep., 484; Bates Rep., 92; U. S. v. U. S. v. Hanover, punished either in the district in which the unlawful mat- Rep., 663; U.S. v. Kaltmeyer, 16 ter was mailed or to which it was carried by mail for Fed. Rep., 760; delivery according to the direction thereon, or at which it 17 Fed. Rep., is caused to be delivered by mail to the person to whom it is addressed. 444; U. S. v. Gay lord, 17 Fed. Rep., 438, 50 Fed. Rep., 410; U. S. v. Britton, 17 Fed. Rep., 731; U. S. v. Morris, 18 Fed. Rep., 900; U. S. v. Moore, 19 Fed. Rep., 39; U. S. v. pers. 1039, s. 1; 1 Supp., Ex parte Doran, 32 Fed. Rep., 76; U. S. v. Davis, 40 43 Fed. Rep., 135; SEC. 186. All matter otherwise mailable by law upon indecent, envelthe envelope or outside cover or wrapper of which, or opes and wrapany postal card upon which, any delineations, epithets, 26 Sept., 1888; terms, or language of an indecent, lewd, lascivious, ob- 25 Stat. L., 496, c. scene, libelous, scurrilous, defamatory, or threatening 62. s. v. Smith, character, or calculated by the terms or manner or style 11 Fed. Rep., 663; of display and obviously intended to reflect injuriously Erber, upon the character or conduct of a person, may be written 37 Fed. Rep., 55; or printed or otherwise impressed or apparent, are hereby 38 Fed. Rep., 326; declared nonmailable matter, and shall not be conveyed 10. Fed. Rep. 664, in the mails nor delivered from any post-office nor by any S. v. Gee, 45 letter carrier, and shall be withdrawn from the mails Fed. Rep., 194; under such regulations as the Postmaster-General shall 51 Fed. Rep., 807; prescribe; and whoever shall knowingly deposit or cause 59 Fed. Rep., 357; to be deposited, for mailing or delivery, anything declared 61 Fed. Rep., 640; by this section to be nonmailable matter, or who shall knowingly take the same or cause the same to be taken from the mails for the purpose 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 five thousand dollars, or by imprisonment for not more than five years, or by both such fine and imprisonment. U. S. v. Elliott, U. S. v. Jarvis, U. S. v. Smith, 69 Fed. Rep., 971; Fed. Rep., 235 U. S. v. Dodge, 70 U. S. v. Burnell, 75 Fed. Rep., 824; Fee: $245 Fed. Rep., 980. Lottery, gift circulars, etc., 26 19 Sept., 1890; s. 1; 1 Supp., 803. SEC. 187. No letter, postal card, or circular concerning enterprise, etc., any lottery, so-called gift concert, or other enterprise not mailable. offering prizes dependent upon lot or chance, and no list R. S., s. 3894. of the drawings at any lottery or similar scheme, and no Stat. L., c. 908, lottery ticket or part thereof, and no check, draft, bill, Ex parte Jackmoney, or money order for the purchase of any ticket, Re Rapier, 143 tickets, or part thereof, or of any share or any chance in nerv. U. S., 143 any such lottery or gift enterprise or scheme shall be u. S., 449; Maccarried in the mail or delivered at or through any post- 171 U. S., 689, 87 office or station or substation thereof, or by any letter. S. v. Parsons, son, 96 U. S., 727; U. S., 110; Hor U. S., 570, 147 Daniel v. U. S.. Fed. Rep., 324; Fed. Cas., 451; 1 ed. Rep., 426; Fed. Rep., 664; Fed. Rep., 45; 39; 20 Fed. Rep., 625; 22 Fed. Rep., 707; 22 Fed. Rep., 708; 30 Fed. Rep., 499; 2 Blatch., 107, 27 carrier; nor shall any newspaper, circular, pamphlet, or Rocke publication of any kind containing any advertisement of 2S Patty: any lottery or gift enterprise of any kind offering prizes U. S. 1. Duff, dependent upon lot or chance, or containing any list of 19 Fed. Rep. 59; prizes awarded at the drawings of any such lottery or gift U. S. v. Dauphin, enterprise, whether said list is of any part or of all of the U. S. v. Mason, drawings, be carried in the mail or delivered by any postU. S. . Clark, master or letter carrier. Whoever shall knowingly deU. S. 7. Jackson, posit or cause to be deposited, or shall knowingly send or U. S. v. Zeisler, cause to be sent, anything to be conveyed or delivered by U. S. v. Jones, mail in violation of this section, or shall knowingly cause U. S. v. Horner, to be delivered by mail anything herein forbidden to be U. S. v. Bailey carried by mail, shall be punished by a fine of not more U. S. v. Lynch, than five hundred dollars, or by imprisonment for not U. S. Wallis, more than one year, or by both such fine and imprisonU. S. v. Politzer, ment. Any person violating any of the provisions of this U. S. v. Conrad section may be tried and punished either in the district at MacDonald v. U. which the unlawful publication was mailed or to which it 426; U. S. 2. Mc- was carried by mail for delivery according to the direction Rep., 486; U. S thereon, or at which it is caused to be delivered by mail 31 Fed. Rep., 718; 44 Fed. Rep., 677; 47 Fed. Rep., 117; 49 Fed. Rep., 851; 58 Fed. Rep., 942; 59 Fed. Rep., 273; 59 Fed. Rep., 458, S., 63 Fed. Rep., Donald, 65 Fed. v. Fulkerson, 74 Fed. Rep., 619; to the person to whom it is addressed. Hoover v. Mc Chesney, 81 Fed. Rep., 472. Bringing lot- SEC. 188. Whoever shall cause to be brought within the United States from abroad for the purpose of disposing of tery tickets into the country. Stat. L., 191, s. 1; 2 2 Mar., 1895, 28 the same, or shall cause to be deposited in or carried by the mails of the United States, or carried from one State or Territory of the United States or the District of Columbia to any other State or Territory of the United States or the District of Columbia, 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, or 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 United States, or deposited in or carried by the mails of the United States, or transported from one State or Territory of the United States or the District of Columbia to any other State or Territory of the United States or the District of Columbia shall be punished for the first offense by a fine of not more than one thousand dollars, or by imprisonment for not more than two years, or by both such fine and imprisonment, and for the second and subsequent offenses by imprisonment for not more than five years. |