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HISTORICAL AND REVISION NOTES Based on title 39, U.S.C., 1952 ed., § 107a (Aug. 28, 1957, Pub. L. 85-189, 71 Stat. 70).

The section is revised to fully reflect the Congressional intent that the benefits of this section do not run to substitute employees. The report of the House Committee on Post Office and Civil Service accompany H.R. 5558 (Rept. No. 964, 85th Cong., 1st sess.), reads in part as follows:

"It would grant to rural carriers transportation and motor vehicle employees, other than substitutes, compensatory time off with pay within one year after the holiday on which each employee performed duty" and "The provisions of this bill do not include employees paid on an hourly basis, such as classified and temporary substitutes. These are the individuals who would be employed to substitute for the regular employees who are on compensatory leave."

The words "

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by Executive Order, memorandum or other administrative act" were omitted as surplusage. SPECIAL PROVISIONS FOR POSTAL TRANSPORTATION AND MOTOR VEHICLE SERVICES

§ 3581. Road duty employees.

(a) The Postmaster General shall organize the work of employees in the Postal Transportation Service and the Motor Vehicle Service who are assigned to road duty into regularly scheduled tours of duty. The tours of duty shall aggregate an average of not more than eight hours a day for two hundred and fifty-two days a year, including an allowance of one hour and thirty-five minutes for work to be performed on layoff periods. He may not grant allowances of time for work performed on layoff periods to employees other than employees engaged in the distribution of mail.

(b) Employees in the Postal Transportation Service and the Motor Vehicle Service assigned to road duty, except substitute employees, who are required to perform work in excess of the scheduled time of their regular tours of duty as established by the Postmaster General shall be paid at the rate of 150 per centum of their hourly basic compensation for overtime work. In arriving at the amount of overtime to be paid at any time during the calendar year, any deficiencies accrued up to that time during the same calendar year shall be offset against any overtime work by the employee.

(c) Substitute employees in the Postal Transportation Service and the Motor Vehicle Service assigned to road duty shall be paid on an hourly basis for actual work performed according to the time value of each trip of road duty, including an allowance of time for all work required on layoff periods

(d) In addition to compensation provided under this title, the Postmaster General, under regulations prescribed by him, may pay not more than $9 per day as travel allowances in lieu of actual expenses, at fixed rates per annum or by such other method as he deems equitable to regular and substitute employees in the Postal Transportation Service and the Motor Vehicle Service who are assigned to road duty, after the expiration of ten hours from the time the initial run begins.

(e) Substitute employees in the Postal Transportation Service and the Motor Vehicle Service shall be credited with full time while traveling under orders of the Post Office Department to and from their designated headquarters to take up assignments. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 653.)

HISTORICAL AND REVISION NOTES Based on title 39, U.S.C. 1952 ed., § 1007 (June 10, 1955, ch. 137, § 607, 69 Stat. 127; Aug. 1, 1956, ch. 842, § 1, 70 Stat. 892).

Section is restated without change.

§ 3582. Time credit for delay to trains and highway post offices.

The Postmaster General shall credit postal transportation employees assigned to road duty with full time for delays to trains and highway post offices. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 653.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 630, 963 (16) (Feb. 28, 1925, ch. 368, § 7, 43 Stat. 1063; June 10, 1955, ch. 137, title II, § 205, 69 Stat. 118).

This section covers the provisions of section 630 of title 39.

The reference in this section to highway post offices is based on that part of section 963, title 39 which defines the position of clerks assigned to road duty as including clerks in highway post offices.

Changes are made in phraseology.

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§ 4001. Nonmailable matter.

(a) Matter, the deposit of which in the mails is punishable under sections 1302, 1341, 1342, 1461, 1463, 1714, 1715, 1716, 1717, or 1718 of title 18, is nonmailable.

(b) Except as provided in section 4002 of this title, nonmailable matter which reaches the office of delivery, or which may be seized or detained for violation of law, shall be disposed of as the Postmaster General directs. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 654.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 243, 256, 258 (R.S. 3895; Mar. 3, 1879, ch. 180, § 21, 20 Stat. 360; Mar. 2, 1889, ch. 393. § 4. 25 Stat. 874; Aug. 24, 1912, ch. 389, § 8, 37 Stat. 557), and §§ 1302, 1461, 1463, 1714, 1715, 1716, 1717 and 1718 of title 18, U.S.C.

Section 256 of title 39 is divided. The first clause is covered by subsection (a) of this section. The second clause is covered by section 4057 of this title.

The first clause of section 256 covers only sections 338 and 339 of title 18 (now secs. 1341 and 1342), although each of the other sections of title 18 contains a provision that the material dealt with therein is nonmailable. The nonmailable provisions are brought into subsection (a) of this section. There is no change in existing law by so doing.

For similar provisions concerning nonmailability of certain materials, see the following: 7 U.S.C. 142, 143, 150cc, 166 and 1575; 14 U.S.C. 142; 15 U.S.C. 77q, 80a-20, 80a-24, 80b-3, 80b-5, and 80b-6; 22 U.S.C. 618; 50 U.S.C. 789.

Subsection (b) covers the provisions of section 258 of title 39. The words "which reaches the office of delivery" are taken from section 243, title 39.

Changes are made in phraseology.

NOTICE WITH RESPECT TO OBSCENE MATTER DISTRIBUTED BY MAIL AND DETENTION THEREOF

Pub. L. 87-793, § 307, Oct. 11, 1962, 76 Stat. 841, provided that: "In order to alert the recipients of mail and the general public to the fact that large quantities of obscene, lewd, lascivious, and indecent matter are being introduced into this country from abroad and disseminated in the United States by means of the United States mails, the Postmaster General shall publicize such fact (1) by appropriate notices posted in post offices, and (2) by notifying recipients of mail, whenever he deems it appropriate in order to carry out the purposes of this section, that the United States mails may contain such obscene, lewd, lascivious, or indecent matter. Any person may file a written request with his local post office to detain obscene, lewd, lascivious, or indecent matter addressed to him, and the Postmaster General shall detain and dispose of such matter for such period as the request is in effect. The Postmaster General shall permit the return of mail containing obscene, lewd, lascivious, or indecent matter, to local post offices, without cost to the recipient thereof. Nothing in this section shall be deemed to authorize the Postmaster General to open, inspect, or censor any mail except on specific request by the addressee thereof. The Postmaster General is authorized to prescribe such regulations as he may deem appropriate to carry out the purposes of this section."

§ 4002. Nonmailable fourth class matter.

(a) Matter of the fourth class is nonmailable which

(1) exceeds the prescribed size and weight limits; or

(2) is of a character perishable within the period required for transportation and delivery. (b) Matter made nonmailable by this section which by inadvertence reaches the office of destination may be delivered in accordance with its address, if the party addressed furnishes the name and address of the sender. If the person addressed refuses to furnish the information, the package shall be disposed of as the Postmaster General directs. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 654.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 240, 243 (R.S. 3879; Mar. 3, 1879, ch. 180. § 21, 20 Stat. 360; June 8, 1896, ch. 370, 29 Stat. 262; Aug. 24, 1912, ch. 389, § 8, 37 Stat. 557; Feb. 28, 1925, ch. 368, § 207, 43 Stat. 1067; May 29, 1928, ch. 856, § 7, 45 Stat. 941).

Section 240 of title 39 is divided. That part relating to the definition of fourth class mail is covered by section 4551. That part relating to the limitation on weights was superseded by section 240a, title 39. For explanation of section 240a, see the note to section 4551 of this title. That part relating to proof sheets and manuscript copy is covered by section 4554 of this title. That part of said section making overweight and perishable matter nonmailable is revised and restated in this section as items (1) and (2) of subsection (a). Reference to matter likely to injure postal employees or

damage the mail is omitted because it is in conflict with section 1716 of title 18 which makes materials of this kind nonmailable and prohibits their delivery from any post office or by any letter carrier.

The second and third sentences of section 243 of title 39 are revised and are covered by subsection (b) of this section. The reference in said section to section 334 (now section 1461) of title 18, and the last sentence of said section is omitted for the reason that the provisions are covered by section 4001 of this chapter as superseded. The first sentence of section 243, title 39, is covered by section 4058 of this title.

Changes are made in phraseology.

§ 4003. Mail bearing a fictitious name or address. (a) Upon evidence satisfactory to the Postmaster General that any person is using a fictitious, false or assumed name, title or address in conducting, promoting or carrying on or assisting therein, by means of the postal service of the United States, an activity in violation of sections 1302, 1341, and 1342 of title 18, the Postmaster General may

(1) withhold mail so addressed from delivery; and

(2) require the party claiming the mail to furnish proof to him of the claimant's identity and right to receive the mail.

(b) The Postmaster General may issue an order directing that mail, covered by subsection (a), be forwarded to a dead letter office as fictitious matter, or be returned to the senders when the

(1) party claiming the mail fails to furnish proof of his identity and right to receive the mail;

or

(2) the Postmaster General is satisfied that the mail is addressed to a fictitious, false or assumed name, title or address.

(Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 654.)

HISTORICAL AND REVISION NOTES Based on title 29, U.S.C., 1952 ed., §§ 255, 258 (R. S. 3895: Mar. 2, 1889, ch. 393, § 3, 25 Stat. 873).

Changes are made in phraseology to clarify the somewhat obscure provisions of section 255 of title 39. The use of the word "enterprise" in the first sentence and the authority for the Postmaster General to issue an order, inserted in the last sentence, is merely clarification. To the same effect is the addition of section 1302 of title 39. U.S. Code.

Since Reorganization Plan No. 3 of 1949 transferred the functions of all subordinates to the Postmaster General, the section is rewritten to show the Postmaster General responsibility for action taken under it.

Subsection (b) is based on section 258, title 39, which provides that mail matter seized or detained for viola tions of law shall be returned to the senders or otherwise disposed of as the Postmaster General may direct. See section 4001 of this revision.

§ 4004. Delivery of mail to persons not residents of the place of address.

Whenever the Postmaster General is satisfied that letters or parcels sent in the mail are addressed to places not the residence or regular business address of the person for whom they are intended, to enable the person to escape identification, he may deliver the mail only upon identification of the persons so addressed. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 654.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 257 (Mar. 2, 1889, ch. 393, § 5, 25 Stat. 874).

The words "letters or packets" are changed to "letters or parcels." As used in section 257, title 39, "packets"

meant packages or parcels other than first class mail. Such has been the construction placed on this section by the Department for many years. Changes are made in phraseology.

§ 4005. Fraudulent and lottery matter.

(a) Upon evidence satisfactory to the Postmaster General that any person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false or fraudulent pretenses, representations, or promises; or engaged in conducting a lottery, gift enterprise, cr scheme for the distribution of money or of real or personal property by lottery, chance, or drawing of any kind; the Postmaster General may

(1) direct postmasters at the office at which registered letters or other letters or mail arrive, addressed to such a person or to his representative, to return the registered letters or other letters or mail to the sender marked "fraudulent" or "lottery mail"; and

(2) forbid the payment by a postmaster to such a person or his representative of any money order or postal note drawn to the order of either and provide for the return to the remitters of the sums named in the money orders or postal notes.

(b) The public advertisement by a person engaged in activities covered by subsection (a) of this section, that remittances may be made by mail to a person named in the advertisement, is prima facie evidence that the latter is the agent or representative of the advertiser for the receipt of remittances on behalf of the advertiser. The Postmaster General is not precluded from ascertaining the existence of the agency in any other legal way satisfactory to him.

(c) As used in this section and section 4006 of this title the term "representative" includes an agent or representative acting as an individual or as a firm, bank, corporation, or association of any kind. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 654.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § § 259, 732, (R.S. 3929, 4041; Sept. 19, 1890, ch. 908, § § 2, 3, 26 Stat. 466; Mar. 2, 1895, ch. 191, § 4, 28 Stat. 964).

The cited sections, exclusive of the second sentences of sections 259 and 732, are consolidated in this section and the language simplified. When a lottery is involved it is not appropriate to issue a "fraud" order therefore a "lottery" order has been authorized.

Reference to "person or company" as in sections 259 and 732 of title 39 is reduced to "person" in view of the definition of "person" in section 1 of title 1.

The second sentences of sections 259 and 732 are covered by section 4057.

§ 4006. "Unlawful" matter.

Upon evidence satisfactory to the Postmaster General that a person is obtaining or attempting to obtain remittances of money or property of any kind through the mail for an obscene, lewd, lascivious, indecent, filthy, or vile article, matter, thing, device, or substance, or is depositing or causing to be deposited in the United States mail information as to where, how, or from whom the same may be obtained, the Postmaster General may

(1) direct postmasters at the office at which registered letters or other letters or mail arrive, addressed to such a person or to his representative, to return the registered letters or other

letters or mail to the sender marked "Unlawful"; and

(2) forbid the payment by a postmaster to such a person or his representative of any money order or postal note drawn to the order of either and provide for the return to the remitters of the sums named in the money orders or postal notes.

(Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 655.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 259a (Aug. 16, 1950, ch. 721, 64 Stat. 451).

Reference to "person, firm. corporation, company, partnership, or association" is reduced to "person" in view of the definition of "person" in section 1 of title 1. The definition of the term "representative" was omitted. It is covered in subsection (c) of section 4005 of this title. Changes are made in phraseology.

§ 4007. Detention of mail for temporary periods.

(a) In preparation for or during the pendency of proceedings under sections 4005 and 4006 of this title, the United States district court in the district in which the defendant receives his mail shall, upon application therefor by the Postmaster General and upon a showing of probable cause to believe the statute is being violated, enter a temporary restraining order and preliminary injunction pursuant to rule 65 of the Federal Rules of Civil Procedure directing the detention of the defendant's incoming mail by the postmaster pending the conclusion of the statutory proceedings and any appeal therefrom. The district court may provide in the order that the detained mail be open to examination by the defendant and such mail be delivered as is clearly not connected with the alleged unlawful activity. An action taken by a court hereunder does not affect or determine any fact at issue in the statutory proceedings.

(b) This section does not apply to mail addressed to publishers of publications which have entry as second class matter, or to mail addressed to the agents of those publishers. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 655, amended Pub. L. 87-646, § 10, Sept. 7, 1962, 76 Stat. 444.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 259b, 259c (July 27, 1956, ch. 755, §§ 1, 2, 70 Stat. 699; Aug. 27, 1958, Pub. L. 85-789, 72 Stat. 940).

Sections 259b and 259c are covered by this section except subsection (b) of 259b which defines the term "person." This definition is omitted in view of the definition of "person" in section 1 of title 1. Changes are made in phraseology.

AMENDMENTS

1962 Subsec. (a). Pub. L. 87-646 substituted provisions authorizing application for a temporary restraining order and preliminary injunction in the district in which the defendant receives mail upon a showing of probable cause to believe the statute is being violated, directing detention of defendant's incoming mail pending the conclusion of the statutory proceedings and any appeal therefrom, for former provisions which permitted an interim detention order of 20 days duration whenever such action was necessary to the effective enforcement of the law and required notice of the order to the person involved and petition to court for extension of the period, and eliminated provisions for appeal from the court order as in civil causes. The identical amendment was authorized

by Pub. L. 86-673, July 14, 1960, 74 Stat. 553, which amended former section 259b of this title. Pub. L. 86-673 was repealed by section 23(b) of Pub. L. 87–646.

Subsec. (b). Pub. L. 87-646 redesignated former subsec. (c) as (b). Former subsec. (b), which provided that action by the Postmaster General in issuing the interim order provided for herein and petitioning for a continuance of an order under this section shall not be subject to chapter 19 of Title 5, was omitted.

Subsec. (c). Pub. L. 87-646 redesignated former subsec. (c) as (b).

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-646 effective on Nov. 1, 1962, see section 23(a) of Pub. L. 87-646, set out as a note under section 1 of this title.

CONTINUATION OF ORDERS, Rules, and REGULATIONS Orders, rules, and regulations in effect under provisions of law superseded or amended by Pub. L. 87-646, to remain in effect, to the extent they would have been authorized under Pub. L. 87-646, until specifically repealed, amended, or revised, see section 22 of Pub. L. 87-646, set out as a note under section 1 of this title.

CROSS REFERENCES

Notice with respect to obscene matter distributed by mail and detention thereof, see note set out under section 4001 of this title.

§ 4008. Communist political propaganda.

(a) Mail matter, except sealed letters, which originates or which is printed or otherwise prepared in a foreign country and which is determined by the Secretary of the Treasury pursuant to rules and regulations to be promulgated by him to be "communist political propaganda”, shall be detained by the Postmaster General upon its arrival for delivery in the United States, or upon its subsequent deposit in the United States domestic mails, and the addressee shall be notified that such matter has been received and will be delivered only upon the addressee's request, except that such detention shall not be required in the case of any matter which is furnished pursuant to subscription or which is otherwise ascertained by the Postmaster General to be desired by the addressee. If no request for delivery is made by the addressee within a reasonable time, which shall not exceed sixty days, the matter detained shall be disposed of as the Postmaster General directs.

(b) For the purposes of this section, the term "communist political propaganda" means political propaganda, as defined in section 1(j) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C 611(j)), issued by or on behalf of any country with respect to which there is in effect a suspension or withdrawal of tariff concessions pursuant to section 5 of the Trade Agreements Extension Act of 1951 or section 231 of the Trade Expansion Act of 1962, or any country from which any type of foreign assistance is withheld pursuant to section 620 (f) of the Foreign Assistance Act of 1961, as amended.

(c) The provisions of this section shall not be applicable with respect to (1) matter addressed to any United States Government agency, or any public library, or to any college, university, graduate school, or scientific or professional institution for advanced studies, or any official thereof, or (2) material whether or not "communist political propaganda" addressed for delivery in the United States pursuant to a reciprocal cultural international

agreement under which the United States Government mails an equal amount of material for delivery in any country described in subsection (b). (Added Pub. L. 87-793, § 305 (a), Oct. 11 1962, 76 Stat. 840.)

REFERENCES IN TEXT

Section 1() of the Foreign Agents Registration Act of 1938, as amended, referred to in subsec. (b), is classified to section 611 (1) of Title 22, Foreign Relations and Intercourse.

Section 5 of the Trade Agreements Extension Act of 1951, referred to in subsec. (b), is classified to section 1362 of Title 19, Customs Duties.

Section 231 of the Trade Expansion Act of 1962, referred to in subsec. (b), is classified to section 1861 of Title 19. Section 620 (f) of the Foreign Assistance Act of 1961, as amended, referred to in subsec. (b), is classified to section 2370 (f) of Title 22.

EFFECTIVE DATE

Section effective on Jan. 7, 1963, see section 306 of Pub. L. 87-793, set out as a note under section 537 of this title.

Chapter 53. THE SEVERAL CLASSES OF MAIL

Sec.

4051. Prepayment of postage.

4052. Method of paying postage.

4053. Postage meters.

4054. Postage collection on Armed Forces mail.

4055.

4056.

4057. 4058.

4059.

Refund of postage.

Acceptance of letters by transportation employees or carriers.

Opening first class mail.

Wrapping matter not charged with first class postage.

Addresses on postal cards and unsealed circulars. 4060. Foreign publications free from customs duty. § 4051. Prepayment of postage.

Except as otherwise provided by law, postage shall be prepaid at the time of mailing. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 656.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 271 (R.S. 3896). Section 271 of title 39 is restated to establish the general principle (with exceptions) that postage must be prepaid. Reference to manner of payment, i.e., “by stamps" is omitted from this section and is covered by section 4052. References to sections of title 39 as being the exceptions are eliminated.

The general exceptions to this section are Penalty and Franked mail (ch. 57); free for blind (sec. 4653); small articles (sec. 4651); business reply cards and envelopes (sec. 4254); letters certified by members of the Armed Forces (sec. 4054).

§ 4052. Method of paying postage. (a) Postage may be prepaid(1) by postage stamps;

(2) by postage meter stamps;

(3) without stamps as prescribed by the Postmaster General for second class matter mailed by the publisher or registered news agent;

(4) as prescribed by the Postmaster General for controlled circulation publications or for matter mailed at the bulk rates; or

(5) under a permit, without stamps, issued by the Postmaster General.

(b) The fee for a permit under subsection (a) (5) is $15 and shall be paid at the time of application. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 656, amended Pub. L. 87-793, § 111, Oct. 11, 1962, 76 Stat. 835.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., §§ 271, 273, 273a, 282, 285, 290a, 290a-1, 291a, 292a (a), 295 (R.S. 3896; June

23, 1874, ch. 456, § 6, 18 Stat. 233; June 13, 1898, ch. 446, § 1, 30 Stat. 443; Apr. 28, 1904, ch. 1759, § 2, 33 Stat. 440; May 18, 1916, ch. 126, § 13, 39 Stat. 162; Apr. 24, 1920, ch. 161, § 5, 41 Stat. 583; June 9, 1930, ch. 415, 46 Stat. 526; July 7, 1932, ch. 445, 47 Stat. 647; July 3, 1948, ch. 830, title II, §§ 202, 204, 62 Stat. 1261, 1262; Oct. 30, 1951, ch. 631, title 1, § 3, 65 Stat. 673).

Subsection (a) provides the manner of prepaying postage. Provisions of existing law authorize prepayment as follows: by stamps, sections 271 and 292a, title 39; by meter stamp, sections 273a, 291a, title 39; without stamp or meter stamp on second class matter, sections 285 and 295 of title 39; 282 which authorizes acceptance of second class mail without stamps affixed; without stamps or meter stamps on third class matter, section 290a-1, title 39, and by permit without stamps or meter stamps, section 292a (a) and 290a-1, title 39. The method of prepaying postage on controlled circulation publications have not been prescribed by law. Such publications have been considered akin to second class mail in this respect and have been handled in the same manner.

Subsection (b) is taken from the first proviso of section 273a, title 39. The authority to issue regulations conferred upon the Postmaster General by sections 273, 273a, 285. 290a-1, and 292a of title 39 has been omitted here as it is covered by section 501 of this title. Other portions of the sections of title 39, on which this section is based are covered in this title as follows: Section 271 in 4051; section 273, in 4053; section 290a in section 4452; section 290a-1 in section 4452; and section 292a, in sections 4553 and 6008.

Changes are made in phraseology.
AMENDMENTS

1962-Subsec. (b). Pub. L. 87-793, eff. Jan. 7, 1963, substituted "$15" for "$10."

CROSS REFERENCES

Fee for issuance of permit for prepayment of postage without stamps, see section 507 (12) of this title.

§ 4053. Postage meters.

A postage meter is a device or mechanism to print prepaid postage on mail matter, which automatically locks when the amount of postage registered therein is exhausted. Meters in the possession of patrons shall be set by postmasters for the amount of postage collected at the time of setting. Mail on which postage is paid by means of a postage meter is called "metered mail". The impressions made by postage meters are called "meter stamps". (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 657.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 273 (Apr. 24, 1920, ch. 161, § 5, 41 Stat. 583; June 9, 1930, ch. 415, 46 Stat. 526.)

Section is derived from the proviso in section 273, title 39 which describes the devices which are now known as "Postage Meters". The definitions used in connection with meters are added. Reference to short paid metered mail is omitted as adequately covered by section 4109 of this title.

§ 4054. Postage collection on Armed Forces mail.

The Postmaster General may transmit, without the prepayment of postage, letters of members of the Armed Forces in the service of the United States certified in a manner prescribed by him, and collect the postage upon delivery. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 657.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 280 (Mar. 3, 1879, ch. 180, § 9, 20 Stat. 358; Mar. 3, 1885, ch. 342, § 1, 23 Stat. 386; Oct. 3, 1917, ch. 63, § 1100, 40 Stat. 327; Feb. 24, 1919, ch. 18, § 1401, 40 Stat. 1150; June 30, 1947, ch. 183, § 1, 61 Stat. 213; Oct. 30, 1951, ch. 631, title 1, § 1, 65 Stat. 672; Mar. 12, 1952, ch. 102, § 1, 66 Stat. 24).

This section covers the last sentence of section 280 of title 39. The words "Armed Forces" are substituted for "soldiers, sailors and marines." The rate portions are covered by section 4253 of this title.

Reference to the issuance of regulations by the Postmaster General omitted as it is covered by section 501 of this title.

The definition of drop letters is covered by section 4251 of this title. Changes are made in phraseology. § 4055. Refund of postage.

The Postmaster General may refund out of postal receipts postage which he is satisfied has been(1) paid for service not rendered; or (2) collected in excess of the lawful rate. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 657.) HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 300 (Mar. 3, 1905, ch. 1480, § 2, 33 Stat. 1091).

Changes are made in phraseology.

§ 4056. Acceptance of letters by transportation employees or carriers.

A postal transportation employee or other carrier of the mail shall accept letters presented to him on which postage is properly prepaid by stamps. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 657.)

HISTORICAL AND REVISION NOTES

Based on title 39, U.S.C., 1952 ed., § 495 (R.S. § 3980; July 31, 1882, ch. 361, § 1, 22 Stat. 180).

Reference to delivering "the same for mailing at the next post office" is eliminated as unnecessary. When a letter is delivered to the postal employee or carrier it has become a part of the mails and thereafter is to be handled as such.

Changes are made in phraseology.

§ 4057. Opening first class mail.

Only an employee opening dead mail by authority of the Postmaster General, or a person holding a search warrant authorized by law may open any letter or parcel of the first class which is in the custody of the Department. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 657.)

HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1952 ed., § 1717(c) (June 25, 1948, ch. 645, § 1, 62 Stat. 782); title 39, U.S.C., 1952 ed., §§ 256, 259, 732 (R.S. 3929, 4041; Mar. 2, 1889, ch. 393, § 4, 25 Stat. 874; Sept. 19, 1890, ch. 908, §§ 2, 3, 26 Stat. 466; Mar. 2, 1895, ch. 191, § 4, 28 Stat. 964).

This section is based on section 1717(c) of title 18 and on sections 256, 259 and 732 of title 39. Each of these sections contains language prohibiting the opening of letter mail. The provisions of section 1717(c), title 18, are not restricted to opening mail to discover violations of subsections (a) and (b) of section 1717, title 18. Therefore, the provisions of the said subsection are consolidated in this section with somewhat similar provisions of sections 256, 259, 732 of title 39.

§ 4058. Wrapping matter not charged with first class postage.

(a) The Postmaster General may prescribe the manner of wrapping and securing mail not charged with first class postage so that the contents of the mail may be easily examined. He shall charge the first class rate of postage on all matter which cannot be examined easily.

(b) To ascertain whether the proper rate of postage has been paid, postmasters may examine second class mail and remove the wrappers and envelopes from other mail not bearing first class postage if it can be done without destroying them. (Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 657.)

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