Page:United States Statutes at Large Volume 74.djvu/695

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[74 Stat. 655]
[74 Stat. 655]
PUBLIC LAW 86-000—MMMM. DD, 1960

74

STAT.]

PUBLIC LAW 86-682-SEPT. 2, 1960

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. § 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. § 4007. Detention of mail for temporary periods (a) When the Postmaster General determines during proceedings before him that in the administration of section 4006 of this title such action is necessary to the effective enforcement of the section, he may enter an interim order directing that mail addressed to any person be detained by the postmaster at the post office of delivery for twenty days from the effective date of the order. Notice of the order, advising the person of the detention and setting forth in specific detail the reasons therefor, together with a copy of this section and section 4006 of this title, shall be sent forthwith by registered or certified mail to the person at the post office at which the mail is to be detained. An order for the detention of mail addressed to a person expires at the end of the twenty days after the issuance thereof unless the Postmaster General files, prior to the expiration of the twenty-day period, a petition in the United States district court for the district in which the post office in which the mail is detained is situated, and obtains an order directing that mail addressed to the person be detained for such further period as the court determines. Notice of the filing of such a petition shall be given forthwith by the clerk of the court in which it is filed to the person, at the post office at which the mail is being detained, or otherwise as the clerk of the court deter-

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