Based on title 18, U.S.C., 1940 ed., § 329 and on section
172 of title
, U.S.C., 1940 ed., The Postal Service (Aug. 4, 1886, ch. 901, § 3,24 Stat. 221
; Mar. 4, 1909, ch. 321, § 206,35 Stat. 1128
; June 10, 1921, ch. 18, § 304,42 Stat. 24
Said sections were consolidated.
The texts of the two sections were substantially identical except that said section
172 of title
, U.S.C., 1940 ed., provided that “whenever, upon evidence deemed satisfactory to him, the Postmaster General shall determine that any such false return has been made, he may, by order, fix absolutely the compensation of the postmaster for such special delivery during any quarter or quarters which he shall deem affected by such false return, and the General Accounting Office shall adjust the postmaster’s account accordingly”, the words “General Accounting Office” having been substituted for “Auditor” on the authority of the act of June 10, 1921, shown in the credits above. This particular language was omitted because such powers and duties as it prescribes would devolve upon the Postmaster General without legislation and also because said section
172 of Title
, which was derived from the act of August 4, 1886, shown in the credits above, was impliedly repealed by the general repealing clause of section 341 of the Criminal Code of 1909. Section 208 of that Code contained the provisions which formed the basis for said section
329 of Title
Reference in said section
329 of title
, U.S.C., 1940 ed., to persons assisting, causing or procuring was omitted as unnecessary in view of definition of “principal” in section
of this title.
Minor verbal changes were made.
1994—Pub. L. 103–322
substituted “fined under this title” for “fined not more than $500” in last par.
1970—Pub. L. 91–375
substituted “Postal Service officer or employee” for “postmaster or Postal Service employee” and “Postal Service” for “Post Office Department” after “rules or regulations of the” in first par. and “Postal Service officer or employee” and “officer or employee” for “postmaster or employee” and “postmaster or other person” in second par., respectively.
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) ofPub. L. 91–375
, set out as an Effective Date note preceding section
, Postal Service.