SECTION

217. Poisons and explosives nonmailable

218. Counterfeiting money orders

219. Counterfeiting postage stamps

220. Counterfeiting, etc., foreign stamps

221. Inclosing higher class in lower class matter

222. Postmaster illegally approving bond, etc.

223. False evidence as to secondclass matter

SECTION

224. Inducing or prosecuting false
claims

225. Misappropriation of postal
funds or property
226. Employees not to become in-
terested in contracts

227. Fraudulent use of official en-
velopes

228. Fraudulent increase of
weight of mail

229. Offenses against foreign mail
in transit

230. Omission to take oath
231. Definitions

SECTION 179. Whoever, without authority from the Post- Conducting master-General, shall set up or profess to keep any office or post-office place of business bearing the sign, name, or title of post-office, without authority

shall be fined not more than five hundred dollars.

This section is taken from U. S. Rev. Sts. § 3829. The first sentence relative to establishing post-offices or post roads is omitted, and "fine" is substituted for "penalty" in the part of the section adopted.

SECTION 180. Whoever, being concerned in carrying the mail, shall collect, receive, or carry any letter or packet, or cause or procure the same to be done, contrary to law, shall be fined not more than fifty dollars, or imprisoned not more than thirty days, or both.

This section is the same as U. S. Rev. Sts. § 3981, except

a change in the punishment.

"Packet" includes newspapers, and mail contractors have no authority to carry newspapers or pamphlets other than in the mail, unless authorized to do so. 4 A. G. Op. 276.

Illegal carrying of mail by officials,

etc.

SECTION 181. Whoever shall establish any private express Conveying for the conveyance of letters or packets, or in any manner mail by cause or provide for the conveyance of the same by regular private trips or at stated periods over any post route which is or may express be established by law, or from any city, town, or place, to any other city, town, or place, between which the mail is regularly carried, or whoever shall aid or assist therein shall be fined

Conveying not more than five hundred dollars, or imprisoned not more mail by than six months, or both: Provided, That nothing contained private in this section shall be construed as prohibiting any person express from receiving and delivering to the nearest post-office, postal car, or other authorized depository for mail matter, any mail matter properly stamped.

This section is taken from U. S. Rev. Sts. § 3982, and Act of March 3, 1879, c. 180, § 1 (20 St. 356). There is a change in the punishment, and in the proviso the words "or other authorized depository for mail matter" are inserted.

United States v. Hall, 9 Am. L. Reg. 232; United States v. Kochersperger, Id. 145; United States v. Thompson, 9 Law Rep. 451, 28. Fed. Cas. 97; United States v. Kimball, 7 Law Rep. 32; United States v. Adams, 1 West. L. J. 315; United States v. Gray, 3 Haz. U. S. Reg. 227; United States v. Pomeroy, 3 N. Y. Leg. Obs. 143; 19 A. G. Op. 670. An unstamped letter relating to merchandise shipped may be lawfully transmitted therewith outside the mails. United States v. U. S. Express Co., 5 Biss. 91; United States v. Bromley, 12 How. 88, note, 13 L. ed. 905. A railroad company may carry its own mail relating to its own business. 21 A. G. Op. 394. Letters sent by private carrier cannot be charged with postage, although the carriers may be subject to penalties. 4 A. G. Op. 349.

This section applies to the streets of New York as "post routes." United States v. Easson, 18 F. R. 590. Letter carriers' routes are post routes. Blackham v. Gresham, 16 F. R. 609. But the streets of a town or city in which the free delivery of mail matter has not been established are not post routes, and a private despatch company may be employed to carry and deliver within the municipal limits sealed letters on which no postage has been paid. 14 A. G. Op. 152.

mail

SECTION 182. Whoever, being the owner, driver, con- Transportductor, master, or other person having charge of any stage- ing persons coach, railway car, steamboat, or other vehicle or vessel, shall unlawfully knowingly convey, or knowingly permit the conveyance of any conveying person acting or employed as a private express for the conveyance of letters or packets, and actually in possession of the same for the purpose of conveying them, contrary to law, shall be fined not more than one hundred and fifty dollars.

This section is taken from U. S. Rev. Sts. § 3983. The phraseology is changed, and fine or imprisonment or both are substituted for a penalty.

SECTION 183. Whoever shall transmit by private express Sending or other unlawful means, or deliver to any agent thereof, or letters by deposit or cause to be deposited at any appointed place, for private the purpose of being so transmitted, any letter or packet, express shall be fined not more than fifty dollars.

This section is the same as U. S. Rev. Sts. § 3984, except

a change in the punishment.

over post

routes

SECTION 184. Whoever, being the owner, driver, con- Carrying ductor, master, or other person having charge of any stage- letters out coach, railway car, steamboat, or conveyance of any kind of the mail which regularly performs trips at stated periods on any post route, or from any city, town, or place to any other city, town, or place between which the mail is regularly carried, and which shall carry, otherwise than in the mail, any letters or packets, except such as relate to some part of the cargo of such steamboat or other vessel, to the current business of the carrier, or to some article carried at the same time by the same stage-coach, railway car, or other vehicle, except as otherwise provided by law, shall be fined not more than fifty dollars.

This section is taken from U. S. Rev. Sts. § 3985. It is made to apply to any conveyance. There is a change in the punishment. The Act of March 1, 1884, c. 9 (23 St. 3), provides "that all public roads and highways while kept up and maintained as such are hereby declared to be post routes."

Carrying letters out of the mail

over post routes

Carrying letters out

of the mail

on vessels

When conveyance by private persons is lawful

Wearing carrier's uniform without authority

See notes to § 181. Under the statutes of 1825 and 1827 it was a fraud upon the revenue for a common carrier to be the bearer of letters except those of his employers, either with or without recompense. 4 A. G. Op. 159;

Id. 276.

SECTION 185. Whoever shall carry any letter or packet on board any vessel which carries the mail, otherwise than in such mail, except as otherwise provided by law, shall be fined not more than fifty dollars, or imprisoned not more than one month, or both.

This section is taken from U. S. Rev. Sts. § 3986. There is a change in the punishment.

SECTION 186. Nothing in this chapter shall be construed to prohibit the conveyance or transmission of letters or packets by private hands without compensation, or by special messenger employed for the particular occasion only.

This section is the same as U. S. Rev. Sts. § 3992.

United States v. Easson, 18 F. R. 590; United States v. Thompson, 9 Law Rep. 451, 28 Fed. Cas. 97; 9 A. G. Op. 161. A messenger who regularly goes between two points and takes letters entrusted to him for a fee, is not a special but a general messenger, and a common carrier. 4 A. G. Op. 159. "Private hands" is to be distinguished from a common carrier. A common carrier may carry its own mail relating to its own business. 21 A. G. Op. 394.

SECTION 187. Whoever, not being connected with the letter-carrier branch of the postal service, shall wear the uniform or badge which may be prescribed by the PostmasterGeneral, to be worn by letter carriers, shall be fined not more than one hundred dollars, or imprisoned not more than six months, or both.

This section is taken from U. S. Rev. Sts. § 3867. There is a change in the phraseology, and the word "badge" is added. King v. United States, 32 Ct. Cl. 231, 240.