§ 241. — Evidence.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC241]
TITLE 13--CENSUS
CHAPTER 7--OFFENSES AND PENALTIES
SUBCHAPTER III--PROCEDURE
Sec. 241. Evidence
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.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1025; Pub. L. 85-207, Sec. 19, Aug.
28, 1957, 71 Stat. 484; Pub. L. 94-521, Sec. 15(b), Oct. 17, 1976, 90
Stat. 2465.)
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., Secs. 74, 84 (Aug. 7, 1916, ch.
274, Sec. 4, 39 Stat. 437; Apr. 2, 1924, ch. 80, Sec. 4, 43 Stat. 32;
June 18, 1929, ch. 28, Sec. 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, Secs. 1, 2, eff. May 24, 1950, 15
F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title.
Changes were made in phraseology.
Amendments
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''.
Effective Date of 1976 Amendment
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.
