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Feb. 18, 1885, $ 2, 3, 4. Laws of 1885, p. 33.

Penalty and jurisdiction.

use of which injury could be inflicted upon the person or property of any other person.

§ 1970. Any person violating any of the provisions of section 1969 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than two hundred dollars, or by imprisonment in the county jail not less than five days nor more than one hundred days, or by both fine and imprisonment, in the discretion of the court. Nothing in this act shall be construed to apply to any sheriff, constable, police, or other peace officer, whose duty it is to serve process or make arrests. Justices of the peace shall have concurrent jurisdiction to try any person or persons charged with violating any Feb. 16, 1887,$1. of the provisions of this act.

Wrongfully wearing Grand Army bedge.

Id., $2.
Jurisdiction.

§ 1971. Any person who shall willfully wear the badge or button of the Grand Army of the Republic, or who shall use or wear the same to obtain aid or assistance thereby within this state, unless he shall be entitled to use or wear the same under the rules and regulations of the department of Oregon Grand Army of the Republic, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment for a term not to exceed thirty days in the county jail, or a fine not to exceed twenty dollars, or by both such fine or imprisonment.

Courts of justices of the peace shall have jurisdiction of the offense defined and made punishable by section 1 of this act.

In force from date of approval.

CHAPTER IX.

OF CRIMES AGAINST PUBLIC CONVENIENCE.

§ 1972. Obstructing public highway.

§ 1973. Throwing ballast into navigable stream.

§ 1974. ` Destroying, injuring, or removing buoys.

§ 1975. Refusal or discrimination by master of tug-boat.

§ 1976. Tearing down posted notices.

§ 1977. Defacing inscription on corner or bearing tree.

§ 682.

§ 1972. [715.] If any person shall injure or obstruct Oct. 19, 1864, any highway, macadamized road, plank road, railway, Obstructing canal, or bridge, or shall injure or destroy any materials roads. being used in the construction or repair of any such road, canal, or bridge, such person, upon conviction thereof, shall be punished by imprisonment in the county jail. not less than one month nor more than six months, or by fine not less than twenty-five dollars nor more than five hundred dollars.

683.

able stream.

§ 1973. [716.] If any person, whether he be an officer Oct. 19, 1864, of a vessel or not, shall discharge the ballast of any ves- Throwing balsel into the navigable portions or channels of any of the last into navig bays, harbors, or rivers of this state, or within the jurisdiction of this state, so as to injuriously affect such portions or channels of such bays, harbors, or rivers, or to obstruct the navigation thereof, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than one hundred nor more than five hundred dollars.'

Laws of 1874,

injuring, or

mooring to

buoys.

§ 1974. Any person or persons who shall moor any Oct. 16, 1874, §1. vessel or vessels of any kind or name whatsoever, or any p. 9. boat, skiff, barge, scow, raft, or part of a raft, to any buoy Destroying, or beacon placed in the navigable waters of the state, or in any bay, river, or arm of the sea bordering upon this state, by the authority of the United States light-house board, or shall in any manner hang on with any vessel, boat, skiff, barge, scow, raft, or part of a raft, to any such buoy or beacon, or shall willfully remove, damage, or destroy any such buoy or beacon, or shall cut down, remove, damage, or destroy any beacon or beacons erected on land. in this state by authority of the said United States lighthouse board, shall for every such offense be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction shall be punished by a fine not less than one hundred nor more than two hundred dollars, or by imprisonment in the county jail not less than one nor more than six months, or by both such fine and imprisonment, in the discretion of the court.

Oct. 25, 1880, 1, 2, 3, 4.

Laws of 1880, p. 26.

Refusal or

by master of tug-boat.

§ 1975. Any tug-boat towing for hire in any of the waters of this state is a common carrier for the business of towing vessels. It shall be unlawful for the master or discrimination owner of any such tug to refuse to tow any vessel of the class usually towed by such tug, or to discriminate either in the charges for towing or in time; but they shall tow all such vessels in the order in which they may be announced ready; provided, that towing in or out of a barharbor may take precedence over towing inside of such harbor. Any violation of this enactment shall be a misdemeanor, and upon conviction, the person guilty shall be fined in any sum not less than one hundred nor more than two hundred and fifty dollars, and by imprisonment in the county jail not less than ten days nor more than twenty-five days. Justices of the peace shall have jurisdiction of any misdemeanors arising under this enactment.

Oct. 19, 1864, Ø 684.

Tearing down

This section embraces the entire act of October 25, 1880, entitled "An act to prevent tug-boats from discriminating between vessels." It may be questioned whether the provision against refusing to tow is "expressed in the title or properly connected therewith," as required by section 20 of article 4 of the constitution.

§ 1976. [717.] If any person shall willfully tear down, alter, or deface any posted, written, or printed notice, posted notices. posted or put up in pursuance of any law requiring or authorizing the same to be done, before the time for which such notice is given has expired, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than six months, or by fine not less than fifty dollars nor more than three hundred dollars.

Oct. 22, 1870, $2.

inscription on

ing tree.

§ 1977. [717 a.] Any person who shall willfully deDefacing, etc., face or obliterate any inscription on any corner or corner or bear bearing tree, or shall cut down any bearing tree, or destroy any corner of a survey made under the provisions of the law defining the duties of county surveyor, shall be liable for all damages to the persons interested, and also be subject to a fine of not less than fifty nor more than five hundred dollars, and be liable to imprisonment in the county jail, if the circuit court so decide.

[blocks in formation]

$685.

Selling

provisions.

§ 1978. [718.] If any person shall knowingly sell any Oct. 19, 1864, kind of diseased, corrupted, or unwholesome provisions, whether for meat or drink, without making the same fully wholesome known to the buyer, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than three months hor more than one year, or by fine not less than fifty nor more than five hundred dollars. § 1979. [719.] If any person shall adulterate for the oct. 19, 1864, purpose of sale any substance intended for meat or drink with any substance injurious to health, or shall provisions. sell or offer for sale any substance so intended, knowing the same to be so adulterated, such person, upon conviction thereof, shall be punished in the manner provided in section 1978 [718].

686.

Adulterating

Ø 687.

Adulterating

§ 1980. [720.] If any person shall adulterate for the Oct. 19, 1864, purpose of sale any drug or medicine, in such manner as to render the same injurious to health, or shall know- drugs. ingly sell or offer for sale any such adulterated drug or medicine, such person, upon conviction thereof, shall be punished in the manner provided in section 1978 [718], and such adulterated drugs or medicines shall be forfeited and destroyed.

Laws of 1885,

§ 1981. Any person who shall put any sewerage, drain- Feb. 25, 1885, § 1. age, or refuse, or polluting matter, as either by itself or p. 110. in connection with other matter will corrupt or impair Polluting the quality of any well, spring, brook, creek, branch, or for domestic pond of water, which is used or may be used for domestic purposes, shall be deemed guilty of misdemeanor.

water used

purposes.

Feb. 21, 1889, §1.

Polluting water used

for domestic purposes.

1982.

If any person shall put any dead animal carcass, or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious, or offensive substance into, or in any other manner not herein named befoul-, 8. 189, p. 29. pollutes, or impairs the quality of, any spring, brook, creek, branch, well, or pond of water which is or may be used for domestic purposes, or shall put any such dead animal carcass, or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious, or offensive substance within one half mile of any dwelling-house or public highway and leave the same without proper burial, or, being in the possession or control of any land, shall knowingly permit or suffer any such dead animal carcass, or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious, or offensive substance to remain without proper burial upon such premises, within one half mile of any dwelling-house or public highway, whereby the same becomes offensive to the occupants of such dwelling or the traveling public, he shall be deemed guilty of a misdemeanor.

Feb. 25, 1885, $ 1, p. 110.

Penalty.

Id., § 4.
Jurisdiction.

Oct. 19, 1864,
688.

§ 1983. Any person violating the provisions of this act shall, upon conviction, be fined not less than ten nor more than fifty dollars, or be imprisoned not less than five days nor more than twenty-five days, or by both fine and imprisonment.

Justices of the peace shall have jurisdiction of offenses committed against the provisions of this act.

§ 1984. [721.] If any person shall inoculate himself or suffer himself to be inoculated, or shall inoculate another, gerous disease. with the small-pox or any other malignant or infectious

Spreading dan

Oct. 19, 1854, $ €89.

disease, within this state, or being so inoculated shall come within this state with the intent to cause the prevalence or spread of such disease within this state, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one year nor more than three years.

§ 1985. [722.] If any person shall sell or deliver any arsenic, corrosive sublimate, prussic acid, or other poison, without label. without having the word "poison," and the true name

Selling poison

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