LEGISLATIVE CONSTRUCTION

Section 18 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that: "No inference of a legislative construction is to be drawn by reason of the chapter in Title 18, Crimes and Criminal Procedure, as set out in section 1 of this Act, in which any particular section is placed, nor by reason of the catchlines used in such title."

SEPARABILITY PROVISIONS

Section 18 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that: "If any part of Title 18, Crimes and Criminal Procedure, as set out in section 1 of this Act, shall be held invalid the remainder shall not be affected thereby."

EFFECTIVE DATE

Section 20 of act June 25, 1948, ch. 645, 62 Stat. 862, provided that the revision of this title should become effective Sept. 1, 1948.

EXISTING RIGHTS OR LIABILITIES

Section 21 of act June 25, ch. 645, 62 Stat. 862, provided in part that any right or liabilities now existing under repealed sections or parts thereof shall not be affected by the repeal.

REPEALED, TRANSFERRED, AND OMITTED SECTIONS All former sections of Title 18 were repealed, transferred to other titles, or omitted by said act June 25, 1948, except for sections 595, 644, 726-1, 726a, 729, 730, and 732 which were repealed by act June 25, 1948, ch. 646, 62 Stat. 687, the act revising and codifying Title 28, Judiciary and Judicial Procedure, into positive law.

Chap.

Part I.-CRIMES

Sec.

Sec.

2. Principals.

3. Accessory after the fact.

4. Misprision of felony.

5. United States defined.

15. Claims and services in matters affecting government..

7. Special maritime and territorial jurisdiction of the United States defined.

8. Obligation or other security of the United States defined.

9. Vessel of the United States defined.

10. Interstate commerce and foreign commerce defined. 11. Foreign government defined.

12. Postal Service defined.

13. Laws of States adopted for areas within Federal jurisdiction.

14. Applicability to Canal Zone.

SENATE REVISION AMENDMENT

In the analysis of sections under this chapter heading, a new item, "14. Applicability to Canal Zone", was inserted by Senate amendment, to follow underneath item 13, inasmuch as a new section 14, with such a catchline, was inserted, by Senate amendment, in this chapter. See Senate Report No. 1620, amendments Nos. 1 and 3, 80th Cong.

§ 1. Offenses classified.

Notwithstanding any Act of Congress to the con

trary:

(1) Any offense punishable by death or imprisonment for a term exceeding one year is a felony. (2) Any other offense is a misdemeanor.

(3) Any misdemeanor, the penalty for which does not exceed imprisonment for a period of six months or a fine of not more than $500, or both, is a petty offense. (June 25, 1948, ch. 645, § 1, 62 Stat. 684.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18 (Mar. 4, 1909, ch. 321, § 335, 35 Stat. 1152; Dec. 16, 1930, ch. 15, 46 Stat. 1029). Clarification of felony and misdemeanor punishments.— The former Committee on Revision of the Laws of the House received from members of the Federal bench and bar numerous requests that the inconsistency between the provisions of section 541 of title 18, U. S. C., 1940 ed., and the 29 sections listed below, be eliminated.

Said 29 sections appear in the United States Code, 1940 ed., as listed:

Several of these sections will appear in this revision, and in all such instances the language denominating the crime as a misdemeanor was deleted.

United States District Judge C. C. Wyche, of the Western District of South Carolina, suggested that said section 541 be repealed and that a new section be enacted defining felonies and misdemeanors according to nature of offense instead of by punishment to be inflicted.

United States District Judge W. Calvin Chesnut, of the District of Maryland, suggested a clarification of the definition and classification of Federal crimes-treason and possibly those providing capital punishment, felonies, misdemeanors, and petty offenses.

This section as revised conforms substantially with a draft submitted by the Lawyers' Club of Los Angeles through Rollin L. McNitt, chairman of its legislative committee.

Two circuit courts of appeals have held that if a statute specifically designated a crime as a "misdemeanor" but prescribed a punishment which would bring it within the definition of a felony under section 541 of title 18, U. S. C., 1940 ed., the definition was controlling, notwithstanding the specific designation of the crime as a "misdemeanor." (See Hoss v. United States, Okl. 1916, 232 F. 328, 146 C. C. A. 376; and Sheridan v. United States, Or. 1916, 236 F. 305, 149 C. C. A. 437, certiorari denied, 1916, 37 S. Ct. 402, 243 U. S. 638, 61 L. ed. 942.)

One district court, however, has twice ruled that the specific description of a crime as a "misdemeanor" was controlling. (See United States v. Venturini, D. C. Ala. 1931, 1 F. Supp. 213 and Chapman v. United States, D. C. Ala. 1931, 3 F. Supp. 900.)

The Supreme Court of the United States has never specifically passed upon this point. (See however, Carroll v. United States, 1924, 45 S. Ct. 280, 267 U. S. 132, 69 L. ed. 543.)

The word "misdemeanor" is used in paragraph (3) in preference to the word "offenses" to conform to the interpretation of "petty offenses" by the Supreme Court of the United States in Duke v. United States (1937, 57 S. Ct. 835, 301 U. S. 492, 81 L. ed. 1243), wherein the Court stated that the evident object of the proviso, now paragraph (3), was to bring about a "subdivision of misdemeanors of minor gravity to be known as petty offenses."

Confinement in common jail.-Word "imprisonment" in paragraph (3) was substituted for "confinement in a common jail", since it is unnecessary to describe the place of confinement in view of section 4082 of this title, which provides that all persons convicted of an offense against the United States shall be committed for such terms of imprisonment as the court may direct, to the custody of the Attorney General of the United States or his authorized representative, who shall designate the places of

confinement where the sentences of all such persons shall be served.

Omission of hard labor provisions.-Words "without hard labor" before "for a period of six months" were omitted to conform to policy followed by codifiers of 1909 Criminal Code, and because such a provision is obsolete in view of section 4082 of this title, authorizing commitment to the custody of the Attorney General and sections 4001 and 4121 et seq. of this title, making all Federal prisoners subject to whatever discipline may be prescribed in the prisons to which they are committed. (See S. Rept. 10, pt. I, pp. 12 and 13, 60th Cong., 1st sess., to accompany S. 2982.) Omission of information or complaint.—The provision "and all such petty offenses may be prosecuted upon information or complaint" was omitted as covered by rule 7 (a) of the Federal Rules of Criminal Procedure.

Reconciliation of punishment provisions.--A comparative study was made of the penalty provisions of all offenses enumerated in part I of this title. In attempting to reconcile inconsistent and incongruous punishments for offenses involving the same degree of moral turpitude, the following criteria were generally observed.

1. Heinous felonies: For a felony involving a high degree of moral turpitude, such as treason, murder, kidnaping, robbery, etc., a severe penalty was considered justified. 2. Ordinary felonies: For a felony involving a lesser degree of moral turpitude than a heinous felony, a maximum imprisonment of 5 years was adopted. At present numerous statutes, such as the National Motor Vehicle Theft Act and the White Slave Traffic Act, carry the 5-year imprisonment penalty, while fraud, filing false statements, etc., carry a 10-year imprisonment penalty. These discrepancies seem incongruous, especially when it is remembered that the maximum penalty is rarely imposed. 3. Offense mala prohibita: For violations of regulatory statutes, constituting mala prohibita, a maximum imprisonment penalty of 1 year seemed adequate. This prevents the stigma and consequence of a felony conviction from attaching to the defendant and, on the other hand, would facilitate and expedite prosecutions by making it possible to prosecute by information. Moreover, juries frequently are reluctant to convict any defendants if they know the potential maximum penalty is excessive, although it is seldom imposed in actual practice.

4. Miscellaneous: All 18-month imprisonment penalties were eliminated. They were increased if the nature of the offense warranted it or reduced to 1 year in order that the offense be made a misdemeanor.

CROSS REFERENCES

Embezzlement, etc., from Federal Reserve and member banks as exception to definitions of this section, see section 592 of Title 12, Banks and Banking.

Failure to collect or pay over tax or attempt to defeat or evade tax as felony, see section 145 (b) of Title 26, Internal Revenue Code.

Masters of sealed vessel failing to proceed to port of destination and deliver cargo to customs officers as felony, see section 1464 of Title 19, Customs Duties. Penitentiary imprisonment for misdemeanor prohibited unless by consent, see section 4083 of this title.

Punishment for acts declared in Merchant Marine Act, 1936 to be a misdeameanor to be by fine of not more than $10,000 or imprisonment for not less than one or more than five years, or both, see section 1228 of Title 46, Shipping.

Punishment for offenses connected with storage of agricultural products in warehouses, see section 270 of Title 7, Agriculture.

Punishment for violations of regulations, limitations and restrictions prescribed by Secretary of Treasury for member banks of Federal Reserve System, see section 95 of Title 12, Banks and Banking.

Receiving, accepting or contracting by officer of United States with informer in customs or navigation forfeitures, as felony, see section 1620 of Title 19, Customs Duties. Striking or subversive employees of Housing and Home Finance Agency and Department of Agriculture as committing a felony, see section 1445 of Title 42, The Public Health and Welfare.

Solicitation of, or contract for, fees for obtaining benefits for veterans declared a misdemeanor punishable by fine of $500 or imprisonment for not exceeding two years, see section 103 of Title 38, Pensions, Bonuses, and Veterans' Relief.

Willful failure to file return, pay tax, or keep records as misdemeanor, see section 145 (a) of Title 26, Internal Revenue Code.

Willful making and signing false tax return, statement, or other document as felony, see section 3809 (a) of Title 26, Internal Revenue Code.

FEDERAL RULES OF CRIMINAL PROCEDURE Joinder, see rule 8 of Federal Rules of Criminal Procedure, following section 3771 of this title.

§ 2. Principals.

(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.

(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal. (June 25, 1948, ch. 645, § 1, 62 Stat. 684; Oct. 31, 1951, ch. 655, § 17b, 65 Stat. 717.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 550 (Mar. 4, 1909, ch. 321, § 332, 35 Stat. 1152).

Section 2 (a) comprises section 550 of title 18, U. S. C., 1940 ed., without change except in minor matters of phraseology.

Section 2 (b) is added to permit the deletion from many sections throughout the revision of such phrases as "causes or procures".

The section as revised makes clear the legislative intent to punish as a principal not only one who directly commits an offense and one who "aids, abets, counsels, commands, induces or procures" another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States.

It removes all doubt that one who puts in motion or assists in the illegal enterprise but causes the commission of an indispensable element of the offense by an innocent agent or instrumentality, is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense.

This accords with the following decisions: Rothenburg v. United States, 1918, 38 S. Ct. 18, 245 U. S. 480, 62 L. Ed. 414, and United States v. Hodorowicz, C. C. A. Ill. 1939, 105 F. 2d 218, certiorari denied, 60 S. Ct. 108, 308 U. S. 584, 84 L. Ed. 489. United States v. Giles, 1937, 57 S. Ct. 340, 300 U. S. 41, 81 L. Ed. 493, rehearing denied, 57 S. Ct. 505, 300 U. S. 687, 81 L. Ed. 888.

AMENDMENTS

1951-Subsec. (a) amended by act Oct. 31, 1951, which inserted "punishable as".

Subsec. (b) amended by act Oct. 31, 1951, which inserted "willfully" preceding "causes", and "or another" after "him", and substituted "is punishable as a principal" in lieu of "is also a principal and punishable as such".

§ 3. Accessory after the fact.

Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.

Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or fined not more than one-half the

maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by death, the accessory shall be imprisoned not more than ten years. (June 25, 1948, ch. 645, § 1, 62 Stat.

684.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 551 (Mar. 4, 1909, ch. 321, § 333, 35 Stat. 1152).

The first paragraph is new. It is based upon authority of Skelly v. United States (C. C. A. Okl. 1935, 76 F. 2d 483, certiorari denied, 1935, 55 S. Ct. 914, 295 U. S. 757, 79 L. ed. 1699), where the court defined an accessory after the fact as

one who knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon in order to hinder the felon's apprehension, trial, or punishment

and cited Jones' Blackstone, books 3 and 4, page 2204; U. S. v. Hartwell (Fed. Cas. No. 15,318); Albritton v. State (32 Fla. 358, 13 So. 955); State v. Davis (14 R. I. 281); Schleeter v. Commonwealth (218 Ky. 72, 290 S. W. 1075). (See also State v. Potter, 1942, 221 N. C. 153, 19 S. E. 2d 257; Hunter v. State, 1935, 128 Tex. Cr. R. 191, 79 S. W. 2d 855; State v. Wells, 1940, 195 La. 754, 197 So. 419.) The second paragraph is from section 551 of title 18, U. S. C., 1940 ed. Here only slight changes were made in phraseology.

§ 4. Misprision of felony.

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined not more than $500 or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 684.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C. 1940 ed., § 251 (Mar. 4, 1909, ch. 321, § 146, 35 Stat. 1114). Changes in phraseology only.

CROSS REFERENCES

Concealing persons engaged in espionage, see section 792 of this title.

Harboring fugitives from Justice, see sections 1071 et seq. of this title.

§ 5. United States defined.

The term "United States", as used in this title in a territorial sense, includes all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone. (June 25, 1948, ch. 645, § 1, 62 Stat. 685.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 39, 133, 346, 381, 502, and 632, and section 40 of title 50, U. S. C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231).

Section consolidates the first sentence of section 39, all of sections 133, 346, and 632, and the second sentences, respectively, of sections 381 and 502, all of title 18, U. S. C., 1940 ed., and section 40 of title 50, U. S. C., 1940 ed., War and National Defense, with minor changes in phraseology.

All of these sections and parts of sections were derived from section 1 of title XIII of said act of June 15, 1917. Said section 40 of title 50, U. S. C., War and National Defense, has also been retained in that title, as it still relates to some sections therein which were not transferred to this title.

The remainder of said section 39 of title 18, U. S. C., 1940 ed., which was derived from sections 2, 3, and 4 of title XIII of the act of June 15, 1917, relating to jurisdiction

and other matters, is almost entirely obsolete. The provisions still in force are incorporated in section 3241 of this title.

The remaining provisions of said sections 381 and 502 of title 18, U. S. C., 1940 ed., which were derived from sources other than said section 1 of title XIII of the act of June 15, 1917, are incorporated in sections 1364 and 2275 of this title.

SENATE REVISION AMENDMENT

Words, ", except the Canal Zone.", were inserted in this section by Senate amendment. See Senate Report No. 1620, amendment No. 2, 80th Cong.

§ 6. Department and agency defined.

As used in this title:

The term "department” means one of the executive departments enumerated in section 1 of Title 5, unless the context shows that such term was intended to describe the executive, legislative, or judicial branches of the government.

The term "agency" includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense. (June 25, 1948, ch. 645, § 1, 62 Stat. 685.)

LEGISLATIVE HISTORY

Reviser's Note.-This section defines the terms "department" and "agency" of the United States. The word "department" appears 57 times in title 18, U. S. C., 1940 ed., and the word "agency" 14 times. It was considered necessary to define clearly these words in order to avoid possible litigation as to the scope or coverage of a given section containing such words. (See United States v. Germaine, 1878, 99 U. S. 508, 25 L. ed. 482, for definition of words "department" or "head of department.")

The phrase "corporation in which the United States has a proprietary interest" is intended to include those governmental corporations in which stock is not actually issued, as well as those in which stock is owned by the United States. It excludes those corporations in which the interest of the Government is custodial or incidental. CANAL ZONE

Applicability of section to Canal Zone, see section 14 of this title.

§7. Special maritime and territorial jurisdiction of the United States defined.

The term "special maritime and territorial jurisdiction of the United States", as used in this title, includes:

(1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.

(2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.

(3) Any lands reserved or acquired for the use of the United States, and under the exclusive or con

current jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.

(4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States. (5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, district, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. (June 25, 1948, ch. 645, § 1, 62 Stat. 685; July 12, 1952, ch. 695, 66 Stat. 589.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 451 (Mar. 4, 1909, ch. 321, § 272, 35 Stat. 1142; June 11, 1940, ch. 323, 54 Stat. 304).

The words "The term 'special maritime and territorial jurisdiction of the United States' as used in this title includes:" were substituted for the words "The crimes and offenses defined in sections 451-468 of this title shall be punished as herein prescribed.

This section first appeared in the 1909 Criminal Code. It made it possible to combine in one chapter all the penal provisions covering acts within the admiralty and maritime jurisdiction without the necessity of repeating in each section the places covered.

The present section has made possible the allocation of the diverse provisions of chapter 11 of title 18, U. S. C., 1940 ed., to particular chapters restricted to particular offenses, as contemplated by the alphabetical chapter arrangement.

In several revised sections of said chapter 11 the words "within the special maritime and territorial jurisdiction of the United States" have been added. Thus the jurisdictional limitation will be preserved in all sections of said chapter 11 describing an offense.

Enumeration of names of Great Lakes was omitted as unnecessary.

Other minor changes were necessary now that the section defines a term rather than the place of commission of crime or offense; however, the extent of the special jurisdiction as originally enacted has been carefully followed.

AMENDMENTS

1952-Subsec. (5) added by act July 12, 1952.

CROSS REFERENCES

Laws of states adopted for areas within federal jurisdiction, see section 13 of this title.

§8. Obligation or other security of the United States defined.

The term "obligation or other security of the United States" includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. (June 25, 1948, ch. 645, § 1, 62 Stat. 685.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 261 (Mar. 4, 1909, ch. 321, § 147, 35 Stat. 1115; Jan. 27, 1938, ch. 10, § 3, 52 Stat. 7).

The terms of this section were general enough to justify its inclusion in this chapter rather than retaining it in the chapter on "Counterfeiting" where the terms which it specifically defines are set out in sectiosn 471-476, 478, 481, 483, 492, and 504 of this title.

Words "Federal Reserve notes, Federal Reserve bank notes" were inserted before "coupons" because such notes have almost supplanted national bank currency. Minor changes were made in phraseology.

CANAL ZONE

Applicability of section to Canal Zone, see section 14 of this title.

CROSS REFERENCES

Connecting parts of different notes, see section 484 of this title.

Contraband articles, application to, see section 787 of Title 49, Transportation.

Dealing in counterfeit obligations or securities, see section 743 of this title.

Embezzlement and theft of tools and materials for counterfeiting purposes, see section 642 of this title.

Falsely making, forging, counterfeiting or altering obligation or security, see section 471 of this title.

Forfeiture of counterfeit paraphernalia, see section 492 of this title.

Imitating obligations or securities; advertisements, see section 475 of this title.

Plates or stones for counterfeiting obligations or securities, see section 474 of this title.

Possessing or selling impressions of tools used for obligations or securities, see section 477 of this title.

Taking impressions of tools used for obligations or securities, see section 476 of this title.

Transportation, sale or receipt of stolen securities, application to "obligation or other security of the United States," see sections 2314, 2315 of this title.

Uttering counterfeit obligations or securities, see section 472 of this title.

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 408, 408b, 414 (a), and 419a (b) (Oct. 29, 1919, ch. 89, § 2 (b), 41 Stat. 325; June 22, 1932, ch. 271, § 2, 47 Stat. 326; May 18, 1934, ch. 301, 48 Stat. 782; May 22, 1934, ch. 333, § 2 (a), 48 Stat. 794; Aug. 18, 1941, ch. 366, § 2 (b), 55 Stat. 631).

This section consolidates into one section identical definitions contained in sections 408, 408b, 414 (a), and 419a (b) of title 18, U. S. C., 1940 ed.

In addition to slight improvements in style, the word "commerce" was substituted for "transportation" in order to avoid the narrower connotation of the word "transportation" since "commerce" obviously includes more than "transportation." The word "Possession" was inserted in two places to make the definition more accurate and comprehensive since the places included in the word "Possession" would normally be within the term defined and a narrower construction should be handled by express statutory exclusion in those crimes which Congress intends to restrict to commerce within the continental United States.

§ 11. Foreign government defined.

The term "foreign government", as used in this title, includes any government, faction, or body of insurgents within a country with which the United States is at peace, irrespective of recognition by the United States. (June 25, 1948, ch. 645, § 1, 62 Stat. 686.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 98, 288, 349; section 235 of title 22 U. S. C., 1940 ed., Foreign Relations and Intercourse; section 41 of title 50, U. S. C., 1940 ed., War and National Defense (June 15, 1917, ch. 30, title VIII, § 4, 40 Stat. 226).

The definition of "foreign government" contained in this section, with minor changes in phraseology, is from section 4 of title VIII of act June 15, 1917 (Ch. 30, 40 Stat. 217, 226), known as the Espionage Act of 1917. This definition was incorporated in sections 98, 288, and 349 of title 18 and in section 235 of title 22, Foreign Relations and Intercourse, and in section 41 of title 50, War and National Defense, U. S. C., all in 1940 ed., since the definition was specifically enacted with reference to said sections and others not material here.

The remaining provisions of said sections 98 and 349 of title 18, U. S. C., 1940 ed., which were derived from sources other than said section 4 of title VIII of the act of June 15, 1917, are incorporated in sections 502 and 957 of this title.

CANAL ZONE

Applicability of section to Canal Zone, see section 14 of this title.

CROSS REFERENCES

Extradition, certification of amounts to be paid by foreign government on account of fees and costs, see section 3195 of this title.

Foreign relations generally, see section 951 et seq. of this title.

Transportation, sale or receipt of stolen securities, applition to obligations of foreign government, see sections 2314, 2315 of this title.

FEDERAL RULES OF CRIMINAL PROCEDURE Disturbance of relations, etc., grounds for issuance of search warrant, see rule 41 (b), following section 3771 of this title.

Subpoena, circumstances and manner of service abroad, see rule 17 (e).

Witnesses in foreign country, nonapplicability of rules to proceedings against witness, see rule 54 (b).

§ 12. Postal Service defined.

The term "Postal Service", as used in this title, includes the "Post Office Department" and every