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any forged or counterfeited postage stamp of any foreign government, shall be fined not more than five hundred dollars, or imprisoned not more than five years, or both.

R. S. § 5465. Act March 4, 1909, c. 321, § 220, 35 Stat. 1132.

§ 10391. (Crim. Code, § 221.) Inclosing higher in lower class matter; punishment for.

Matter of the second, third, or fourth class containing any writing or printing in addition to the original 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. 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 such higher class matter, shall be fined not more than one hundred dollars.

R. S. § 3887. Act Jan. 20, 1888, c. 2, § 2, 25 Stat. 2. Act March 4, 1909, c. 321, § 221, 35 Stat. 1132.

§ 10392. (Crim. Code, § 222.)

bond, etc.; punishment for.

Postmaster illegally approving

Whoever, being a postmaster, shall affix his signature to the approval of any bond of a bidder, or to the certificate of sufficiency of sureties in any contract, before the 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 fined not more than five thousand dollars, or imprisoned not more than one year, or both.

R. S. § 3947. Act June 23, 1874, c. 456, § 12, 18 Stat. 235. Act March 4, 1909, c. 321, § 222, 35 Stat. 1113.

§ 10393. (Crim. Code, § 223.) Submitting false evidence as to second-class matter; punishment for.

Whoever shall knowingly submit or cause to be submitted to any postmaster or to the Post-Office Department or any officer of the postal service, any false evidence relative to any publication for the purpose of securing the admission thereof at the second-class rate, for transportation in the mails, shall be fined not more than five hundred dollars.

Act March 3, 1879, c. 180, § 13, 20 Stat. 359, as amended, Act June 18, 1888, c. 394, § 1, 25 Stat. 187, and Act March 2, 1905, c. 1304, 33 Stat. 823. Act March 4, 1909, c. 321, § 223, 35 Stat. 1133.

§ 10394. (Crim. Code, § 224.) Inducing or prosecuting false claims for losses; punishment for.

Whoever shall make, allege, or present, or cause to be made,

alleged, or presented, or assist, aid, or abet in making, alleging, or presenting, any claim or application for indemnity for the loss of any registered letter, parcel, package, or other article or matter, or the contents thereof, knowing such claim or application to be false, fictitious, or fraudulent; or whoever for the purpose of obtaining or aiding to obtain the payment or approval of any such claim or application, shall make or use, or cause to be made or used, any false statement, certificate, affidavit, or deposition; or whoever shall knowingly and willfully misrepresent, or misstate, or, for the purpose aforesaid shall knowingly and willfully conceal any material fact or circumstance in respect of any such claim or application for indemnity, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both.

Act March 4, 1909, c. 321, § 224, 35 Stat. 1133.

§ 10395. (Crim. Code, § 225.) Misappropriating postal funds or property; punishment for; prima facie evidence; deposits, etc., permitted.

Whoever, being a postmaster or other person employed in or connected with any branch of the postal service, shall loan, use, pledge, hypothecate, or convert to his own use, or shall deposit in any bank, or exchange for other funds or property, except as authorized by law, any money or property coming into his hands or under his control in any manner whatever, in the execution or under color of his office, employment, or service, whether the same shall be the money or property of the United States or not; or shall fail or refuse to remit to or deposit in the Treasury of the United States or in a designated depository, or to account for or turn over to the proper officer or agent, any such money or property, 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 officer or agent, shall be deemed guilty of embezzlement; and every such person, as well as every other person advising or knowingly participating therein, shall be fined in a sum equal to the amount or value of the money or property embezzled, or imprisoned not more than ten years, or both. Any failure to produce or to pay over any such money or property, when required so to do as above provided, shall be taken to be prima facie evidence of such embezzlement; and upon the trial of any indictment against any person for such embezzlement, it shall be prima facie evidence of a balance against him to produce a transcript from the account books of the Auditor for the PostOffice Department. But nothing herein shall be construed to prohibit any postmaster depositing, under the direction of the Postmaster-General, in a national bank designated by the Secretary of the Treasury for that purpose, to his own credit as postmaster, any funds in his charge, nor prevent his negotiating drafts or other evidences of debt. through such bank, or through United States disbursing officers, or otherwise, when instructed or required so to do by the PostmasterGeneral, for the purpose of remitting surplus funds from one postoffice to another.

R. S. §§ 4046, 4053. Act March 4, 1909, c. 321, § 225, 35 Stat. 1133.

§ 10396. (Crim. Code, § 226.) Employees interested in mail contracts; punishment for.

Whoever, being a person employed in 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 shall be fined not more than five thousand dollars, or imprisoned not more than one year, or both.

R. S. § 412. Act March 4, 1909, c. 321, § 226, 35 Stat. 1134.

§ 10397. (Crim. Code, § 227.) Fraudulent use of official envelopes; penalty.

Whoever shall make use of any official envelope, label, or indorsement authorized by law, to avoid the payment of postage or registry fee on his private letter, packet, package, or other matter in the mail, shall be fined not more than three hundred dollars.

Act March 3, 1877, c. 103, § 5, 19 Stat. 335. Act March 3, 1879, c. 180, § 29, 20 Stat. 362. Act July 5, 1884, c. 234, § 3, 23 Stat. 158. Act July 2, 1886, c. 611, 24 Stat. 122. Act March 4, 1909, c. 321, § 227, 35 Stat. 1134.

§ 10398. (Crim. Code, § 228.) Fraudulently increasing weight of mail; punishment for.

Whoever shall place or cause to be placed any matter in the mails during the regular weighing period, for the purpose of increasing the weight of the mail, with intent to cause an increase in the compensation of the railroad mail carrier over whose route such mail may pass, shall be fined not more than twenty thousand dollars, or imprisoned not more than five years, or both.

Act June 13, 1898, c. 446, § 1, 30 Stat. 442. Act March 4, 1909, c. 321, § 228, 35 Stat. 1134.

§ 10399. (Crim. Code, § 229.)

Offenses against foreign mail in

transit; punishment for; indictments.

Every foreign mail shall, while being transported across the territory of the United States under authority of law, be taken and deemed to be a mail of the United States so far as to make any violation thereof, or depredation thereon, or offense in respect thereto, or any part thereof, an offense of the same grade, and punishable in the same manner and to the same extent as though the mail was a mail of the United States; and in any indictment or information for any such offense, the mail, or any part thereof, may be alleged to be, and on the trial of any such indictment or information it shall be deemed and held to be, a mail or part of a mail of the United States.

R. S. § 4013. Act March 4, 1909, c. 321, § 229, 35 Stat. 1134.

§ 10400. (Crim. Code, § 230.) Omission to take oath.

Every person employed in the postal service shall be subject to all penalties and forfeitures for the violation of the laws relating to such service, whether he has taken the oath of office or not. R. S. § 3832. Act March 4, 1909, c. 321, § 230, 35 Stat. 1134.

§ 10401. (Crim. Code, § 231.) Definition.

The words "postal service," wherever used in this chapter, shall be held and deemed to include the "Post-Office Department."

Act March 4, 1909, c. 321, § 231, 35 Stat. 1134.

Sec.

CHAPTER NINE

Offenses against Foreign and Interstate Commerce

10402. Explosives carried on vessels or

vehicles with passengers for
hire forbidden; explosives per-
mitted; restriction; military
transportation.

10403. Regulations for transporting ex-
plosives to be made by Inter-
state Commerce Commission;
effect.

10404. High explosives excluded from certain vessels or vehicles. 10405. Marking packages of explosives; punishment for violation. 10406. Causing death or injury by illegal transportation; punishment for.

10407. Importing, etc., lottery tickets, etc. interstate, etc., carriage; punishment for.

10408. Intoxicating liquors by inter-
state, etc., shipment delivered

to other than bona fide con-
signee; punishment for.

10409. Carrier, etc., collecting purchase

price of interstate, etc., ship-
ment of intoxicating liquor;
penalty.

Sec.

10410. Shipping packages of intoxicat-
ing liquors in interstate, etc.,
commerce not plainly marked;
penalty.

10411. Importing certain injurious birds
and animals forbidden; per-
mits for foreign wild animals;
specimens for museums, etc.
10412. Transportation of illegally kill-
ed game, etc., prohibited; ship-
ments in game season; feath-
ers of barnyard fowls.
10413. Marking of packages.
10414. Penalty for violations.
10415. Importing and transporting ob-
scene books, etc., punishment
for.

10416. Transportation or importation
of prize-fight films, etc., un-
lawful.

10417. Receiving for sale, etc., or exhibition, prize-fight films, etc., unlawful.

10418. Punishment for violation of provisions of act.

§ 10402. (Crim. Code, § 232.) Explosives carried on vessels or vehicles with passengers for hire forbidden; explosives permitted; restriction; military transportation.

It shall be unlawful to transport, carry, or convey, any dynamite, gunpowder, or other explosive, between a place in a foreign country and a place within or subject to the jurisdiction of the United States, or between a place in any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, and a place in any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description operated by a common carrier, which vessel or vehicle is carrying passengers for hire: Provided, That it shall be lawful to transport on any such vessel or vehicle small arms ammunition in any quantity, and such fuses, torpedoes, rockets, or other signal devices, as may be essential to promote safety in operation, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of

one-half pound each, and not exceeding twenty samples at one time in a single vessel or vehicle; but such samples shall not be carried in that part of a vessel or vehicle which is intended for the transportation of passengers for hire: Provided further, That nothing in this section shall be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger equipment vessels or vehicles.

R. S. § 5353. Act May 30, 1908, c. 234, § 1, 35 Stat. 554. Act March 4, 1909, c. 321, § 232, 35 Stat. 1134.

§ 10403. (Crim. Code, § 233.) Regulations for transporting explosives to be made by Interstate Commerce Commission; effect.

The Interstate Commerce Commission shall formulate regulations for the safe transportation of explosives, which shall be binding upon all common carriers engaged in interstate or foreign commerce which transport explosives by land. Said commission, of its own motion, or upon application made by any interested party, may make changes or modifications in such regulations, made desirable by new information or altered conditions. Such regulations shall be in accord with the best known practicable means for securing safety in transit, covering the packing, marking, loading, handling while in transit, and the precautions necessary to determine whether the material when offered is in proper condition to transport. Such regulations, as well as all changes or modifications thereof, shall take effect ninety days after their formulation and publication by said commission and shall be in effect until reversed, set aside, or modified.

Act May 30, 190S, c. 234, § 2, 35 Stat. 555. Act March 4, 1909, c. 321, § 233, 35 Stat. 1135.

§ 10404. (Crim. Code, § 234.) High explosives excluded from certain vessels or vehicles.

It shall be unlawful to transport, carry, or convey, liquid nitroglycerin, fulminate in bulk in dry condition, or other like explosive, between a place in a foreign country and a place within or subject to the jurisdiction of the United States, or between a place in one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, and a place in any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description operated by a common carrier in the transportation of passengers or articles of commerce by land or water. Act May 30, 1908, c. 234, § 3, 35 Stat. 555. Act March 4, 1909, c. 321, § 234, 35 Stat. 1135.

§ 10405. (Crim. Code, § 235.) Marking packages of explosives; punishment for violation.

Every package containing explosives or other dangerous articles when presented to a common carrier for shipment shall have plainly marked on the outside thereof the contents thereof; and it shall be unlawful for any person to deliver, or cause to be delivered, to any common carrier engaged in interstate or foreign commerce by

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