66 Counterfeiting postage stamps. R. S., s. 5464. treau, 14 Blatch., 126; U. S. v. Cop order, knowing any material signature or endorsement 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 United States, or any officer, employee, or agent thereof, any sum of money whatever; or shall, with intent to defraud the United States, 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 Government of the United States, any money order, knowing the same to contain any forged or counterfeited signature to the same, or to any material endorsement, 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 five thousand dollars, or by imprisonment for not more than five years, or by both such fine and imprisonment. SEC. 194. Whoever shall forge or counterfeit any postage stamp, or any stamp printed upon any stamped envelU. S. r. Pelle- ope, postal card, or any die, plate, or engraving therefor; 126, 27 Fed. Cas., or shall make, or print, or knowingly use or sell, or have persmith, 4 Fed. in possession, with intent to use or sell, any such forged Rep., 198. 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 Post-Office Department without the special authority and direction of the 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 Postmaster-General and the seal of the Post-Office Department, to receive them, shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than five years, or by both such fine and imprisonment. etc., foreign SEC. 195. Whoever shall forge or counterfeit or know-Counterfeiting, ingly utter or use any forged or counterfeited postage stamps. stamp of any foreign government shall be punished by a R. S., s. 5465. fine of not more than five hundred dollars, or be imprisoned for not more than five years, or by both such fine and imprisonment. Inclosing high er-class in lower R.S., s. 3887. 20 Jan., 1888, 25 Stat. L., c. 2, s. 2; supp., 578. Penalty for failor perform con ure to enter into SEC. 196. Matter of the second, third, or fourth class containing any writing or printing in addition to the orig-class matter. inal matter, other than as authorized by law, 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 Postmaster-General such postage shall be remitted; and whoever shall knowingly conceal or inclose any matter of a higher class in that of a 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 more than one hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment. SEC. 197. Whoever, having presented a bid for the transportation of the mails upon any route which may be advertised to be let, and having received an award of the contract for such service, shall wrongfully refuse or fail to Stat. L., 129, c. enter into contract with the Postmaster-General in due form 260; 1 Supp., 118. to perform the service described in his or their bid or proposal, or having entered into such contract shall wrongfully refuse or fail to perform such service, shall, for any such failure or refusal, be punished by a fine of not more than five thousand dollars or by imprisonment for not more than twelve months, or by both such fine and imprisonment. And the failure or refusal of any such person or persons to enter into such contract in due form, or, having entered into such contract, the failure or refusal to perform such service, shall be prima facie evidence in all actions or prosecutions arising under this section that such failure or refusal was wrongful. tract. 19 R. S., s. 3954. to prevent bids. R. S., s. 3950. SEC. 198. No contract for carrying the mail shall be, Combinations made with any person who has entered, or proposed to enter into any combination to prevent the making of any bid for carrying the mail, or who has made any agreement, or given or performed, or promised to give or perform, any consideration whatever to induce any other person not to bid for any such contract; and if any person so offending is a contractor for carrying the mail, his legally approving bond, etc. 23 June, 1874, s. 12: 1 Supp., 45. Oaths of sure ties. R. S., s. 3946. Stat. L., c. 260, s. contract may be annulled; and for the first offense the person so offending shall be disqualified to contract for carrying the mail for five years, and for the second offense. shall be forever disqualified. Postmaster il- SEC. 199. Any postmaster who shall affix his signature to the approval of any bond of a bidder, or to the certifiR. S., s. 3947. cate of sufficiency of sureties in any contract before the 18 Stat. L., c. 456, said bond or contract is signed by the bidder or contractor and his sureties, or shall knowingly, or without the exercise of due diligence, approve any bond of a bidder with insufficient sureties, or shall knowingly make any false or fraudulent certificate, shall be forthwith dismissed from office and be thereafter disqualified from holding the office of postmaster, and shall also be punished by a fine of not more than five thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. SEC. 200. Before the bond of a bidder for carrying the mail is approved there shall be indorsed thereon the oaths 11 Aug., 1876, 19 of the sureties therein, taken before an officer qualified to 1; 1 Supp., 116. administer oaths, that they are owners of real estate worth in the aggregate a sum double the amount of said bond, over and above all debts due and owing by them, and all judgments, mortgages, and executions against them, after allowing all exemptions of every character whatever. Accompanying said bond and as a part thereof there shall be a series of interrogatories, in print or writing, to be prescribed by the Postmaster-General, and answered by the sureties under oath, showing the amount of real estate owned by them, a brief description thereof, and its probable value, where it is situated, and in what county and State the record evidence of their title exists. And if any surety shall knowingly and wilfully swear falsely to any statement made under the provisions of this section he shall be punished by a fine of not more than five thousand dollars or by imprisonment for not less than one year nor more than three years, or by both such fine and imprisonment: Provided, That nothing contained in this section. shall be construed to repeal or otherwise affect an act entitled "An act to authorize the Postmaster-General to provide mail service, and for other purposes," approved July twenty-six, eighteen hundred and ninety-two: And provided further, That nothing in this section contained shall be construed to repeal or otherwise affect the provisions of an act entitled "An act relative to recognizances, stipulations, bonds, and undertakings, and to allow certain cor porations to be accepted as surety thereon," approved August thirteen, eighteen hundred and ninety-four. by 23 June, 1874; SEC. 201. The Postmaster-General, when in his judg- Affidavit ment it shall be necessary, may prescribe, by regulation, R. S., s. 3909. an affidavit in form, to be taken by each publisher of any 18 Stat. L., c. 456, newspaper or periodical publication sent through the mails s. 9; 1 Supp., 43. under the provisions of any act of Congress, or news agent who distributes any of such newspapers or periodical publications under the provisions of any act of Congress, or of any employee of such publisher or news agent, stating that he will not send, or knowingly permit to be sent, through the mails any copy or copies of such newspaper or periodical publication except to regular subscribers thereof, or news agents, without prepayment of the postage thereon at the rate of one cent for each two ounces or fractional part thereof; and if such publisher or news agent, or employee of such publisher or news agent, when required by the Postmaster-General or any inspector or other authorized officer of the Post-Office Department to make such affidavit, shall refuse so to do, and shall thereafter, without having made such affidavit, deposit any such newspapers in the mail for transmission, he shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars; and if any such person shall knowingly and willfully mail such matter without the payment of postage as provided by law, or procure the same to be done with the intent to avoid the prepayment of postage due thereon; or if any postmaster or other person connected with the postal service shall knowingly permit any matter to be mailed without prepayment of postage as provided by law and in violation of the provisions of the same, he shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. as to second-class 18 June, 1888; SEC. 202. Whoever shall submit, or cause to be sub- False evidence mitted, to any postmaster, or to the Post-Office Depart-matter. ment, or any person employed in the postal service, any 25 Stat. L., c. 394, false evidence relative to the character of any publication, s. 1; 1 Supp., 593. 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 more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. Misappropria tion of postal erty. R. S., s. 4053. 25 Fed. Rep., 710. SEC. 203. Whoever, being a postmaster or other person funds or prop- employed in, or in any way connected with, the business or operations of any branch of the postal service, shall FR convert to his own use any money, postage stamps, stamped paper, or other property of the United States, 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 United States 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 United States or of some other person or party, without loaning, using, depositing in banks, except as authorized by law, or exchanging for funds or property other than such as are especially allowed by law; 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, stamped paper, postal, money-order, or other funds, or other property, whether the same is the property of the United States or of some other person or party, when required so to do by law or the regulations of the Post-Office Department, or upon demand or order of the Postmaster-General, either directly or through a duly authorized and accredited officer or agent of the Post-Office Department, or shall advise or participate in any of the offenses defined in this section, shall, for every such offense, be punished by imprisonment for not 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 United States or of any other person or party, when required so to do as hereinbefore provided, shall be taken to be prima facie evidence of such offense. Employees not to become interested in contracts. R. S., s. 412. SEC. 204. Whoever, being a person employed in or in any way connected with the business or operations of any branch of the postal service, shall become interested in any contract for carrying the mail, or act as agent, with or without compensation, for any contractor or person offering to become a contractor in any business before the Department, shall be immediately dismissed from office, and |