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§ 1393. Proof upon trial for embezzlement of money or securities

Upon a trial for embezzlement of money, bank notes, certificates or shares of stock, or valuable securities, the allegation of the complaint or information, as far as regards the description of the property, is sustained if the offender is proved to have embezzled:

Sec.

(1) any money, bank notes, certificates or shares of stock, or valuable security, although the particular species of coin or other money, or the number, denomination, or kind of bank notes, certificates or shares of stock, or valuable security is not proved;

or

(2) a piece of coin or other money, a bank note, certificate or share of stock, or valuable security, although it may have been delivered to him in order that a part of the value thereof should be returned to the party delivering it, and the part has been returned accordingly.

CHAPTER 73-LETTERS AND MESSAGES

1421. Opening, reading, or publishing sealed letter.
1422. Refusal or neglect to send or deliver message.
1423. Use of information derived from private messages.
1424. Fraudulently obtaining or using contents of message.
1425. Bribing agent to disclose message; use of information.
1426. Disclosure of telegraphic, cable or telephonic message.
1427. Altering telegraphic, cable or telephonic message.

1428. Opening or fraudulently obtaining telegraphic, cable or telephonic message of another.

§ 1421. Opening, reading, or publishing sealed letter

Whoever willfully and without being authorized to do so either by the writer of the letter or the person to whom it is addressed:

(1) opens or reads, or causes to be read, a sealed letter not addressed to himself; or

(2) publishes any of the contents of the letter, knowing the same to have been unlawfully opened

shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.

§ 1422. Refusal or neglect to send or deliver message

(a) Whoever, being an agent, operator or employee of a telegraph, cable or telephone office, willfully:

(1) refuses or neglects to send a message received at the office for transmission; or

(2) postpones the message out of its order; or

(3) refuses or neglects to deliver a message received by telegraph, cable or telephone

shall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.

(b) Subsection (a) of this section does not require:

(1) a message to be received, transmitted or delivered unless

the charges thereon have been paid or tendered; or

(2) the sending, receiving or delivery of a message:

(A) counseling, aiding, abetting or encouraging treason or other resistance to lawful authority; or

(B) calculated to:

(i) further a fraudulent plan or purpose; or

(ii) instigate or encourage the perpetration of an unlawful act; or

(iii) facilitate the escape of a criminal or person accused of crime;

oric) containing abusive, blasphemous or indecent language. (C)

§ 1423. Use of information derived from private messages Whoever, being an agent, operator or employee of a telegraph, cable or telephone office:

(1) in any way uses or appropriates information derived by him from a private message passing through his hands addressed to another person, or in any other manner acquired by him by reason of his trust as such agent, operator or employee;

or

(2) trades or speculates upon any such information so obtained, or in any manner turns, or attempts to turn the information to his own account, profit or advantage

shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.

§ 1424. Fraudulently obtaining or using contents of message Whoever:

(1) in any manner, willfully and fraudulently reads, or attempts to read, a message, or to learn the contents thereof, while the message is being sent over a telegraph line; or

(2) willfully and fraudulently learns, or attempts to learn, the contents or meaning of a message while the message is in a telegraph or cable office, or is being received thereat or sent therefrom; or

(3) uses or attempts to use, or communicates to others, any information so obtained

shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.

§ 1425. Bribing agent to disclose message; use of information Whoever:

(1) by the payment or promise of a bribe, inducement or reward, procures, or attempts to procure, a telegraph, cable or telephone agent, operator or employee to disclose a private message, or the contents, purport, substance, or meaning thereof; or

(2) offers to pay a telegraph, cable or telephone agent, operator or employee a bribe, compensation or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator or employee; or

(3) uses, or attempts to use, any information so obtained— shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.

§ 1426. Disclosure of telegraphic, cable or telephonic message

Whoever willfully discloses the contents of a telegraphic, cable or telephonic message, or a part thereof, addressed to another person, without the permission of that person, unless directed so to do by the lawful order of a court, shall be punished by a fine of not more than $5,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than five years, or by both such fine and imprisonment.

§ 1427. Altering telegraphic, cable or telephonic message

Whoever willfully alters the purport, effect or meaning of a telegraphic, cable, or telephonic message to the injury of another, shall be punished by a fine of not more than $5,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than five years, or by both such fine and imprisonment.

1428. Opening or fraudulently obtaining telegraphic, cable or telephonic message of another

Whoever, not being connected with a telegraph, cable or telephone office:

(1) willfully opens a sealed envelope enclosing a telegraphic, cable or telephonic message and addressed to another person, without the authority or consent of the person to whom it is directed, and with the purpose of learning the contents of the message; or

(2) fraudulently represents another person and thereby procures to be delivered to himself a telegraphic, cable or telephonic message addressed to the other person, with the intent to use, destroy or detain it from the person entitled to receive it

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shall be punished by a fine of not more than $5,000, or by imprisonment in jail for not more than one year or in the penitentiary for not more than five years, or by both such fine and imprisonment.

Sec.

1461. Libel defined.

CHAPTER 75-LIBEL

1462. Punishment for libel.

1463. Malice presumed.

1464. Truth and good motives as a defense.

1465. Publication defined.

1466. Liability of editors, proprietors and authors.

1467. True reports of public and official proceedings.

1468. Other privileged communications.

1469. Threatening to publish libel.

1470. Offer to prevent publication, with intent to extort.

8 1461. Libel defined

A libel is a malicious defamation, expressed either by writing, printing or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or to publish the natural or alleged defects of one who is alive, and thereby to expose him to public hatred, contempt or ridicule. § 1462. Punishment for libel

Whoever willfully and with a malicious intent to injure another person publishes or procures to be published a libel shall be fined not more than $5,000 or imprisoned in the penitentiary not more than one year, or both.

1463. Malice presumed

An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown.

81464. Truth and good motives as a defense

In criminal prosecutions for libel the truth may be given in evidence to the jury, and if it appears to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends the defendant shall be acquitted.

1465. Publication defined

To sustain a charge of publishing a libel, it is not required that the words or things complained of should have been read or seen by another. It is enough that the accused knowingly parted with the immediate custody of the libel under circumstances which exposed it to be read or seen by any other person than himself.

81466. Liability of editors, proprietors and authors

(a) Every author, editor or proprietor of a book, newspaper or serial publication and every manager of a partnership or incorporated association by which a book, newspaper or serial publication

is issued, is chargeable with the publication of any matter contained therein. But in a prosecution for libel the defendant may show in his defense that the matter complained of was published without his knowledge or fault and against his wishes, by another who had no authority from him to make the publication and whose act was disavowed by him as soon as known.

(b) The author of a libel in all cases is equally guilty and is subject to the same punishment as the publisher, owner or proprietor of the newspaper or other printed publication in which the libelous article appears. The punishment prescribed in section 1462 of this title is applicable to this section.

§ 1467. True reports of public and official proceedings

(a) A prosecution for libel may not be maintained against a person, firm, or corporation, for the publication of a fair and true report of a judicial, legislative or other public and official proceedings, or for any heading of the report which is a fair and true headnote of the statement published.

(b) Subsection (a) of this section does not apply to a libel contained in any other matter added by a person concerned in the publication; or in the report of anything said or done at the time and place of the public and official proceedings which was not a part thereof. § 1468. Other privileged communications

A communication made to a person interested in the communication by one who was also interested, or who stood in such relation to the former as to afford a reasonable ground for supposing his motive innocent, is not presumed to be malicious and is a privileged communica

tion.

§ 1469. Threatening to publish libel

Whoever threatens another to publish a libel concerning him, or a parent, husband, wife or child of the person, or member of his family, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.

§ 1470. Offer to prevent publication, with intent to extort

Whoever offers to prevent the publication of a libel upon another person, with intent to extort money or other valuable consideration from any person, shall be fined not more than $5,000 or imprisoned in the penitentiary not more than five years, or both.

Sec.

CHAPTER 77-LOTTERIES AND GAMBLING

SUBCHAPTER I-LOTTERIES

1501. "Lottery" and "lottery ticket" defined.

1502. Establishment or promotion of lottery.

1503. Selling tickets or being concerned in lottery as owner or agent.

1504. Publishing account of lottery.

1505. Causing tickets or advertisements to be brought in for distribution. 1506. Raffles or gift enterprises for charitable purposes.

1507. Proof upon trial for violation of lottery laws.

SUBCHAPTER II-GAMBLING

1531. Conducting gambling game for percentage.

1532. Possessing or permitting maintenance of gambling device or game.

1533. Possessing or permitting maintenance of slot or other gambling machine.

Subchapter I-Lotteries

§ 1501. "Lottery" and "lottery ticket" defined

As used in this chapter:

"lottery" includes a lottery, policy-lottery, gift concert or similar enterprise of any description by whatever name, style or title it may be designated or known; and

"lottery ticket" includes a lottery ticket, order or device of any kind, for or representing any number of shares or an interest in a lottery or scheme of chance.

§ 1502. Establishment or promotion of lottery

Whoever:

(1) establishes, sets on foot, maintains, carries on, makes, or draws a lottery, whether publicly or privately; or

(2) by such means, exposes, sets aside, or offers for sale real or personal property, a certificate of claim, or anything of value or token thereof

shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.

§ 1503. Selling tickets or being concerned in lottery as owner or agent

Whoever :

(1) vends, sells, barters, or disposes of a lottery ticket; or (2) is concerned in any manner in a lottery or scheme of chance by acting as owner or agent for or on behalf of a lottery or scheme of chance to be drawn, paid, or carried on, either outside or within the Canal Zone

shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.

§ 1504. Publishing account of lottery

Whoever, by printing, writing, or in any other way, publishes an account of a lottery or scheme of chance to be carried on, held, or drawn either outside or within the Canal Zone

(1) stating when or where a lottery or scheme of chance is to be drawn for the prizes therein or any of them;

(2) stating any information in relation to the drawing or prizes or any of them, the price of the ticket, show or chances therein, or where a ticket may be obtained;

(3) in any way aiding or assisting in the lottery or scheme of chance; or

(4) in any way giving publicity to the lottery or scheme of

chance

shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both.

81505. Causing tickets or advertisements to be brought in for distribution

Whoever:

(1) causes any papers, certificates or instruments purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery or other enterprise offering prizes dependent upon lot or chance, to be brought into the Canal Zone from abroad for the purpose of depositing them in the Canal Zone or of disposing of them or having them disposed of therein;

or

(2) causes an advertisement of a lottery or other enterprise offering prizes dependent upon lot or chance to be brought into the Canal Zone or deposited or circulated therein

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