Page:United States Statutes at Large Volume 84 Part 1.djvu/805

 84 STAT. ]

PUBLIC LAW 91-375-AUG. 12, 1970

747

"§ 3004. Delivery of mail to persons not residents of the place of address "Wlienever the Postal Service determines 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, the Postal Service may deliver the mail only upon identification of the person so addressed. "§ 3005. False representations; lotteries " (a) Upon evidence satisfactory to the Postal Service that any person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations, or is engaged in conducting a lottery, gift enterprise, or scheme for the distribution of money or of real or personal property, by lottery, chance, or drawing of any kind, the Postal Service may issue an order which— "(1) directs the postmaster of the ix)st office at which mail arrives, addressed to such a person or to his representative, to return such mail to the sender appropriately marked as in violation of this section, if the person, or his representati^-e, is first notified and given reasonable opportunity to be present at the receivingpost office to survey the mail before the postmaster returns the mail to the sender; and "(2) forbids the payment by a j^ostmaster to the person or his representative of any money order or postal note drawn to the order of either and provides for the return to the remitter of the sum named in the money order or postal note. " (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 Postal Service may ascertain the existence of the agency in any other legal way satisfactory to it, "(c) As used in this section and section 3006 of this title, the term. "Representa'representative' includes an agent or representative acting as an individual or as a firm, bank, corporation, or association of any kind. «§ 3006. Unlawful matter "Upon evidence satisfactory to the Postal Service that a person is obtaining or attempting to obtain remittances of money or ijroperty of any kind through the mail for an obscene, lewd, lascivious, indecent, filthy, or vile thing or is depositing or causing to be deposited in the United States mail information as to where, how, or from whom such a thing may be obtained, the Postal Service may— "(1) direct any postmastei- at an office at which mail arrives, addressed to such a person or to his represejitative, to return the mail to the sender marked 'ITnlawfuF; and "(2) forbid the payment by a postmastei- 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 remitter of the sum named in the money order. " (a) I n preparation for or during the pendency of proceedings under sections 3005 and 3006 of this title, the United States district court in the district in which the defendant receives his mail shall, upon application therefor by the Postal Service and upon a showing of probable cause to believe either section is being violated, enter a temporary restraining order and preliminary injunction pursuant to
 * § 3007. Detention of mail for temporary periods

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