Page:United States Statutes at Large Volume 17.djvu/639

 FORTY—SECOND CONGRESS. Sess. III. Ch. 258. 1873. 599 by what means, any of the articles in this section hereinbefore mentioned, can be purchased or obtained, or shall manufacture, draw, or print, or in any wise make any of such articles, shall be deemed guilty of a misde meanor, and, on conviction thereof in any court of the United States having criminal jurisdiction in the District of Columbia, or in any Territory or place within the exclusive jurisdiction of the United States, where such misdemeanor shall have been committed ; and on conviction thereof; he shall be imprisoned at hard labor in the penitentiary for not less than six Im nsonment months nor more than five years for each offense, or fined not less than BM 6p¤°· one hundred dollars nor more than two thousand dollars, with costs of court. Sec. 2. That section one hundred and forty-eight of the act to revise, Ameudmmof consolidate, and amend the statutes relating to the Post-office Department, 1872,ch.335,§14s. approved June eighth, eighteen hundred and seventy-two, be amended to A"‘°¤ l" 302* read as follows : “S1tc. 148. That no obscene, lewd, or lascivious book, pamphlet, pic- Obsegna, sw., ture, paper, print, or other publication of an indecent character, or any b°°l*¤· ¤¤V°l°£;¤· article or thing designed or intended for the prevention of conception or l,°,??::,§:;d§{,_ " procuring of abortion, nor any article or thing intended or adapted for any signed to prevent indecent or immoral use or nature, nor any written or printed card, circu- ;‘;Q‘;f>P{)’;‘;ofr‘9·& lar, book, pamphlet, advertisement or notice of any kind giving informa- jp the mails, ie tion, directly or indirectly, where, or how, or of whom, or by what means either of the things before mentioned may be obtained or made, nor any letter upon the envelope of which, or postal-card upon which indecent or scurrilous epithets may be written or printed, shall be carried in the mail, and any person who shall knowingly deposit, or cause to be deposited, for Penalty mr mailing or delivery, any of the hereinbefore-mentioned articles or things, k:§¥;l“€;{’w°}1°‘ or any notice, or paper containing any advertisement relating to the Kmciegin th, aforesaid articles or things, and any person who, in pursuance of any plan mousor scheme for disposing of any of the hereinbefore-mentioned articles or things, shall take, or cause to be taken, from the mail any such letter or package, shall be deemed guilty of a misdemeanor, and, on conviction thereof; shall, for every offense, be fined not less than one hundred dollars nor more than five thousand dollars, or imprisoned at hard labor not less than one year nor more than ten years, or both, in the discretion of the `ud<re." J Sticc. 3. That all persons are prohibited from importing into the United &Ob¤oo¤o books, States, from any foreign country, any of the hereiubefore-mentioned arti- ,,o’oo;‘;E,§° b° cles or things, except the drugs liereinbefore-mentioned when imported in bulk, and not put up for any of the purposes before mentioned ; and all whe damned such prohibited articles in the course of importation shall be detained by if in ,,0,,,,,, of the officer of customs, and proceedings taken against the same under sec- importation tion five of this act. Sec. 4. That whoever, being an officer, agent, or employee of the gov- Penalty upon ernment of the United States, shall knowingly aid or abet any person ;’S;°g‘oSoo,n‘Q;;ofoi, engaged in any violation of this act, shall be deemed guilty of a misde- rot- knowingly_ meanor, and, on conviction thereof, shall, for every offense, be punished as  *3;* provided in section two of this act. ` Sec. 5. That any judge of any district or circuit court of the United The judge of States, within the proper district, before whom complaint in writing of any u‘l;“;;f:o°:“y violation of this act shall be made, to the satisfaction of such judge, and iggug w,,,-mm, to founded on knowledge or belief, and, if upon belief, setting fbrth the Sooroh for ond , . . . seize obscene grounds On such belief, and supported by oath or affirmation of the com. books, &o_, u on plainant, may issue, conformably to the Constitution, a warrant directed to complaint nucl) the marshal, or any deputy marshal, in the proper district, directing hnntto P"°°'“· search for, seize, and take possession of any such article or thing hereinbefore mentioned, and to make due and immediate return thereof, to the end that the same may be condemned and destroyed by proceedings, wh1ch, shall be conducted in the same manner as other proceedings in case of