Title 13 — Census
Chapter 7 — Offenses and Penalties
§ 241. Evidence
Statutory text
When any request for information, made by the Secretary or other authorized officer or employee of the Department of Commerce or bureau or agency thereof, is made by registered or certified mail or telegram, the return receipt therefor or other written receipt thereof shall be prima facie evidence of an official request in any prosecution under such section.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 31, 1954, ch. 1158, 68 Stat. 1025 · 68 Stat. 1025
Enacted · 13 U.S.C. § 241
Aug. 31, 1954, ch. 1158, 68 Stat. 1025
Source evidence
Code source credit
Aug. 31, 1954, ch. 1158, 68 Stat. 1025Pub. L. 85–207 § 19 · 71 Stat. 481
Inserted · 13 U.S.C. § 241
Pub. L. 85–207 inserted “or certified” after “registered”
Source evidence
Code amendment note
Pub. L. 85–207 inserted “or certified” after “registered”.Enacted provision · exact public law section
Sec. 19. Section 241 of title 13, United States Code, is amended by 68 Stat. 1025. inserting the words “or certified” after the word “registered”.Pub. L. 94–521 § 15(b) · 90 Stat. 2459
Struck · 13 U.S.C. § 241
Pub. L. 94–521 struck out “as authorized by section 224 of this title” after “telegram”
Source evidence
Code amendment note
Pub. L. 94–521 struck out “as authorized by section 224 of this title” after “telegram”.Enacted provision · exact public law section
(b) Section 241 of title 13, United States Code, relating to evidence, is amended by striking out “as authorized by section 224 of this title”.Effective date note
Amendment by Pub. L. 94–521 effective Oct. 17, 1976, see section 17 of Pub. L. 94–521, set out as a note under section 1 of this title.
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., §§ 74, 84 (Aug. 7, 1916, ch. 274, § 4, 39 Stat. 437; Apr. 2, 1924, ch. 80, § 4, 43 Stat. 32; June 18, 1929, ch. 28, § 21, 46 Stat. 26; June 14, 1938, ch. 358, 52 Stat. 678; July 25, 1947, ch. 331, 61 Stat. 457).
Section consolidates part of section 74 of title 13, U.S.C., 1952 ed., which section related to the collection of cotton statistics, with part of section 84 of such title, which section related to the collection of statistics on oilseeds, nuts and kernels, fats, oils and greases. For remainder of such sections 74 and 84, see Distribution Table.
Section 74 of title 13, U.S.C., 1952 ed., authorized the making of requests for information by registered mail, and provided that, if so made, the registry receipt should be “accepted as evidence of such demand”. Section 84 thereof authorized the making of requests by registered mail, or “by telegraph”, and provided that, if so made, the “return” receipt therefor should be “prima facie evidence of an official request”. The authorizations contained in such sections have been carried into section 224 of this title, and the evidentiary provisions thereof have been carried into this section, and they apply to investigations other than those to which such sections 74 and 84 related. See Revision Note to section 224 of this title.
In this revised section, the language of section 84 of title 13, U.S.C., 1952 ed., was largely followed as probably being the more desirable, but “or other written receipt thereof” was inserted since there is no return receipt with respect to a telegram, and words “in any prosecution under such section” were inserted for the purpose of completeness.
Further, words “Secretary or other authorized officer or employee of the Department of Commerce or bureau or agency thereof” were substituted for references to the Director of the Census, to conform with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. , 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title.
Changes were made in phraseology.
Editorial Notes
Amendments1957–1976 · 2 rounds
1976
Pub. L. 94–521 struck out “as authorized by section 224 of this title” after “telegram”.
1957
Pub. L. 85–207 inserted “or certified” after “registered”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–521 effective , see section 17 of Pub. L. 94–521, set out as a note under section 1 of this title.
Credits
1954–1976 · 3 acts
- 1954Aug. 31, 1954, ch. 1158, 68 Stat. 1025
- 1957Pub. L. 85–207, § 19, , 71 Stat. 484
- 1976Pub. L. 94–521, § 15(b), , 90 Stat. 2465.
Show as published
(Aug. 31, 1954, ch. 1158, 68 Stat. 1025; Pub. L. 85–207, § 19, , 71 Stat. 484; Pub. L. 94–521, § 15(b), , 90 Stat. 2465.)