18 U.S.C. § 1696 — Private express for letters and packets

Page 421 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1696 applicable to postal savings depository business and funds and related matters. (June 25, 1948, ch. 645, 62 Stat. 776.) HISTORICAL AND REVISION NOTES Based on section 765 of title 39, U.S.C., 1940 ed., The Postal Service (June 25, 1910, ch. 386, § 15, 36 Stat. 818). Changes of phraseology were made without change of substance. § 1692. Foreign mail as United States mail Every foreign mail, while being transported across the territory of the United States under authority of law, is mail of the United States, and any depredation thereon, or offense in re- spect thereto, shall be punishable as though it were United States mail. (June 25, 1948, ch. 645, 62 Stat. 776.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 359 (Mar. 4, 1909, ch. 321, § 229, 35 Stat. 1134). Minor changes were made in phraseology and obvious surplusage omitted. § 1693. Carriage of mail generally Whoever, being concerned in carrying the mail, collects, receives, or carries any letter or packet, contrary to law, shall be fined under this title or imprisoned not more than thirty days, or both. (June 25, 1948, ch. 645, 62 Stat. 776; Pub. L. 103–322, title XXXIII, § 330016(1)(A), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 303 (Mar. 4, 1909, ch. 321, § 180, 35 Stat. 1123). Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Minor verbal changes were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $50’’. § 1694. Carriage of matter out of mail over post routes Whoever, having charge or control of any con- veyance operating by land, air, or water, which regularly performs trips at stated periods on any post route, or from one place to another between which the mail is regularly carried, carries, oth- erwise than in the mail, any letters or packets, except such as relate to some part of the cargo of such conveyance, or to the current business of the carrier, or to some article carried at the same time by the same conveyance, shall, ex- cept as otherwise provided by law, be fined under this title. (June 25, 1948, ch. 645, 62 Stat. 776; Pub. L. 103–322, title XXXIII, § 330016(1)(A), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 307 (Mar. 4, 1909, ch. 321, § 184, 35 Stat. 1124). Words ‘‘by land, air, or water’’ were substituted for ‘‘stagecoach, railway car, steamboat’’ with necessary minor changes in phraseology. Enumeration of persons having charge was omitted as unnecessary. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $50’’. Statutory Notes and Related Subsidiaries STUDY OF PRIVATE CARRIAGE OF MAIL; REPORTS TO PRESIDENT AND CONGRESS Congressional findings of need for study and reevalu- ation of restrictions on private carriage of letters and packets contained in this section and submission by United States Postal Service of reports to President and Congress for modernization of law, regulations, and administrative practices, see section 7 of Pub. L. 91–375, set out as a note under section 601 of Title 39, Postal Service. § 1695. Carriage of matter out of mail on vessels Whoever carries any letter or packet on board any vessel which carries the mail, otherwise than in such mail, shall, except as otherwise provided by law, be fined under this title or im- prisoned not more than thirty days, or both. (June 25, 1948, ch. 645, 62 Stat. 777; Pub. L. 103–322, title XXXIII, § 330016(1)(A), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 308 (Mar. 4, 1909, ch. 321, § 185, 35 Stat. 1124). The words ‘‘thirty days’’ were substituted for ‘‘one month,’’ to make the term of imprisonment more defi- nite and to conform to other comparable sections. (See section 1693 of this title.) Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $50’’. Statutory Notes and Related Subsidiaries STUDY OF PRIVATE CARRIAGE OF MAIL; REPORTS TO PRESIDENT AND CONGRESS Congressional findings of need for study and reevalu- ation of restrictions on private carriage of letters and packets contained in this section and submission by United States Postal Service of reports to President and Congress for modernization of law, regulations, and administrative practices, see section 7 of Pub. L. 91–375, set out as a note under section 601 of Title 39, Postal Service. § 1696. Private express for letters and packets (a) Whoever establishes any private express for the conveyance of letters or packets, or in any manner causes or provides for the conveyance of the same by regular trips or at stated periods over any post route which is or may be estab- lished by law, or from any city, town, or place to any other city, town, or place, between which the mail is regularly carried, shall be fined not more than $500 or imprisoned not more than six months, or both. Page 422 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1697 This section shall not prohibit any person from receiving and delivering to the nearest post office, postal car, or other authorized de- pository for mail matter any mail matter prop- erly stamped. (b) Whoever transmits by private express or other unlawful means, or delivers to any agent thereof, or deposits at any appointed place, for the purpose of being so transmitted any letter or packet, shall be fined under this title. (c) This chapter shall not prohibit the convey- ance or transmission of letters or packets by private hands without compensation, or by spe- cial messenger employed for the particular occa- sion only. Whenever more than twenty-five such letters or packets are conveyed or transmitted by such special messenger, the requirements of section 601 of title 39, shall be observed as to each piece. (June 25, 1948, ch. 645, 62 Stat. 777; Pub. L. 91–375, § 6(j)(14), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103–322, title XXXIII, § 330016(1)(A), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 304, 306, 309 (Mar. 4, 1909, ch. 321, §§ 181, 183, 186, 35 Stat. 1123, 1124; June 22, 1934, ch. 716, 48 Stat. 1207). Section consolidates sections 304, 306, and 309 of title 18, U.S.C., 1940 ed. Reference to persons causing, pro- curing, aiding or assisting was omitted as such persons are principals under section 2 of this title. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $50’’. 1970—Subsec. (c). Pub. L. 91–375 substituted ‘‘section 601 of title 39’’ for ‘‘section 500 of title 39’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note pre- ceding section 101 of Title 39, Postal Service. STUDY OF PRIVATE CARRIAGE OF MAIL; REPORTS TO PRESIDENT AND CONGRESS Congressional findings of need for study and reevalu- ation of restrictions on private carriage of letters and packets contained in this section and submission by United States Postal Service of reports to President and Congress for modernization of law, regulations, and administrative practices, see section 7 of Pub. L. 91–375, set out as a note under section 601 of Title 39, Postal Service. § 1697. Transportation of persons acting as pri- vate express Whoever, having charge or control of any con- veyance operating by land, air, or water, know- ingly conveys or knowingly permits the convey- ance of any person acting or employed as a pri- vate 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 under this title. (June 25, 1948, ch. 645, 62 Stat. 777; Pub. L. 103–322, title XXXIII, § 330016(1)(C), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 305 (Mar. 4, 1909, ch. 321, § 182, 35 Stat. 1124). Same changes were made as in section 1694 of this title. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $150’’. § 1698. Prompt delivery of mail from vessel Whoever, having charge or control of any ves- sel passing between ports or places in the United States, and arriving at any such port or place where there is a post office, fails to deliver to the postmaster or at the post office, within three hours after his arrival, if in the daytime, and if at night, within two hours after the next sunrise, all letters and packages brought by him or within his power or control and not relating to the cargo, addressed to or destined for such port or place, shall be fined under this title. (June 25, 1948, ch. 645, 62 Stat. 777; Pub. L. 103–322, title XXXIII, §§ 330004(10), 330016(1)(C), Sept. 13, 1994, 108 Stat. 2141, 2146.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed. § 323 (Mar. 4, 1909, ch. 321, § 200, 35 Stat. 1126). Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, § 330016(1)(C), substituted ‘‘fined under this title’’ for ‘‘fined not more than $150’’. Pub. L. 103–322, § 330004(10), struck out second par. which read as follows: ‘‘For each letter or package so delivered he shall receive two cents unless the same is carried under contract.’’ § 1699. Certification of delivery from vessel No vessel arriving within a port or collection district of the United States shall be allowed to make entry or break bulk until all letters on board are delivered to the nearest post office, except where waybilled for discharge at other ports in the United States at which the vessel is scheduled to call and the Postal Service does not determine that unreasonable delay in the mails will occur, and the master or other person having charge or control thereof has signed and sworn to the following declaration before the collector or other proper customs officer: I, A. B., master lll, of the lll, arriving from lll, and now lying in the port of lll, do solemnly swear (or affirm) that I have to the best of my knowledge and belief delivered to the post office at lll every letter and every bag, packet, or parcel of letters on board the said vessel during her last voyage, or in my posses- sion or under my power or control, except where waybilled for discharge at other ports in the United States at which the said vessel is sched- uled to call and which the Postal Service has not determined will be unreasonably delayed by