the section is made to cover any Territory or District of the TransporUnited States.

tation of illegally

An indictment hereunder must allege that the animals killed were killed, etc., in violation of some local statute. United game, etc., prohibited States v. Smith, 115 F. R. 423. Under the former wording of this section it appears to have been no offense where the animals were not killed but merely shipped in violation of some local statute. Id.; United States v. Thompson, 147 F. R. 637. Preparing bodies of animals for shipment with intent to ship them is not a violation of this section or § 243, though the animals were killed contrary to local statute and the packages are improperly marked. United States v. Smith, supra.

SECTION 243. All packages containing the dead bodies, or Marking of the plumage, or parts thereof, of game animals, or game or packages other wild birds, when shipped in interstate or foreign commerce, shall be plainly and clearly marked, so that the name and address of the shipper, and the nature of the contents, may be readily ascertained on an inspection of the outside of such package.

This section is taken from the first part of the Act of May 25, 1900, c. 553, § 4 (31 St. 188). There is a slight change in phraseology. See note to § 242.

SECTION 244. For each evasion or violation of any provi- Penalty for sion of the three sections last preceding, the shipper shall violations be fined not more than two hundred dollars; the consignee knowingly receiving such articles so shipped and transported in violation of said sections shall be fined not more than two hundred dollars; and the carrier knowingly carrying or transporting the same in violation of said sections shall be fined not more than two hundred dollars.

This section is taken from the last part of the Act of May 25, 1900, c. 553, § 4 (31 St. 188).

SECTION 245. Whoever shall bring or cause to be brought and transImporting into the United States or any place subject to the jurisdiction porting thereof, from any foreign country, or shall therein knowingly obscene deposit or cause to be deposited with any express company or books, etc.

Importing and transporting obscene books, etc.

other common carrier, for carriage from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, to any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States through a foreign country to any place in or subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States to a foreign country, any obscene, lewd, or lascivious, or any filthy, book, pamphlet, picture, paper, letter, writing, print, or other matter of indecent character, or any drug, medicine, article, or thing designed, adapted, or intended for preventing conception, or producing abortion, or for any indecent or immoral use, or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, how, or of whom, or by what means any of the hereinbefore-mentioned articles, matters, or things may be obtained or made; or whoever shall knowingly take or cause to be taken from such express company or other common carrier any matter or thing the depositing of which for carriage is herein made unlawful, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both.

This section is taken from the Act of Feb. 8, 1905, c. 550 (33 St. 705). There are a few changes. See particularly § 211 of this act.

SECTION 246. Whoever, being of the crew or ship's com- Confining pany of any foreign vessel engaged in the slave trade, or being or detainof the crew or ship's company of any vessel owned wholly or ing slaves in part, or navigated for or in behalf of any citizen of the on board United States, forcibly confines or detains on board such vessel vessel any person as a slave, or, on board such vessel, offers or attempts to sell as a slave any such person, or on the high seas, or anywhere on tide water, transfers or delivers to any other vessel any such person with intent to make such person a slave, or lands or delivers on shore from on board such vessel any person with intent to make sale of, or having pre

Confining or detaining slaves on board vessel

Seizing slaves on foreign shores

Bringing
slaves into
United
States

viously sold such person as a slave, is a pirate, and shall be imprisoned for life.

This section is taken from U. S. Rev. Sts. § 5375. See also the Act of Jan. 15, 1897, c. 29, § 2 (29 St. 487). The word "person" is substituted for "negro or mulatto."

United States v. Libby, 1 Wood. & M. 221, 26 Fed. Cas. 928; United States v. Smith, 3 Blatch. 255; United States v. Gordon, 5 Id. 18, 25 Fed. Cas. 1364; United States v. Westervelt, 5 Blatch. 30; United States v. Corrie, 23 L. R. 145, 25 Fed. Cas. 658; United States v. Darnaud, 3 Wall. Jr. 143.

SECTION 247. Whoever, being of the crew or ship's company of any foreign vessel engaged in the slave trade, or being of the crew or ship's company of any vessel owned in whole or in part, or navigated for, or in behalf of, any citizen of the United States, lands from such vessel, and, on any foreign shore, seizes any person with intent to make such person a slave, or decoys, or forcibly brings, or carries or receives such person on board such vessel, with like intent, is a pirate, and shall be imprisoned for life.

This section is taken from U. S. Rev. Sts. § 5376. See also the Act of Jan. 15, 1897, c. 29, § 2 (29 St. 487). The word "person" is substituted for "negro or mulatto."

United States

United States v. Westervelt, 5 Blatch. 30; v. Corrie, 23 L. R. 145, 25 Fed. Cas. 658; United States v. Battiste, 2 Sumner, 240; United States v. Brown, 24 Fed. Cas. 1245.

For an interesting history of the laws relating to the slave trade see Charge to Grand Jury, 3 Phila. 527, 30 Fed. Cas. 1026.

SECTION 248. Whoever brings within the jurisdiction of the United States, in any manner whatsoever, any person from any foreign kingdom or country, or from sea, or holds, sells, or otherwise disposes of, any person so brought in, as a slave, or to be held to service or labor, shall be fined not more than ten thousand dollars, one half to the use of the United States and

the other half to the use of the party who prosecutes the in- Bringing dictment to effect; and, moreover, shall be imprisoned not slaves into more than seven years.

This section is taken from U. S. Rev. Sts. § 5377. In the second line the words "negro, mulatto or" before, and the words "of color " after, "person" are stricken out.

The Josefa Segunda, 10 Wheat. 312, 6 L. ed. 329; United States v. The Catherine, 2 Paine, 721, 25 Fed. Cas. 332; United States v. Flowery, 1 Sprague, 109, 8 L. R. 258, 25 Fed. Cas. 1124; United States v. Haun, 8 Am. L. Reg. 663, 26 Fed. Cas. 227; United States v. Libby, 1 Wood. & M. 221, 26 Fed. Cas. 928; United States v. Sutter, Hoff. Dec. 27, 27 Fed. Cas. 1368; Charge to Grand Jury, 3 Phila. 527, 30 Fed. Cas. 1026.

United
States

SECTION 249. Whoever builds, fits out, equips, loads, or Equipping otherwise prepares, or sends away, either as master, factor, vessels for or owner, any vessel, in any port or place within the jurisdic- slave trade tion of the United States, or causes such vessel to sail from any port or place whatsoever, within such jurisdiction, for the purpose of procuring any person from any foreign kingdom or country to be transported to any port or place whatsoever, to be held, sold, or otherwise disposed of as a slave, or held to service or labor, shall be fined not more than five thousand dollars, one half to the use of the United States and the other half to the use of the person prosecuting the indictment to effect; and shall, moreover, be imprisoned not more than seven years.

This section is taken from U. S. Rev. Sts. § 5378. In the middle of the section the words "negro, mulatto or" before, and the words "of color" after, "person" are stricken out. There is a change in the punishment.

United States v. The Catherine, 2 Paine, 721, 25 Fed. Cas. 332; United States v. Kelly, 2 Sprague, 77, 26 Fed. Cas. 697; United States v. La Coste, 2 Mason, 129, 26 Fed. Cas. 826; United States v. Smith, 2 Mason, 143, 27 Fed. Cas. 1167.