Statutes Annotated, Title 21, Ch. 1-Misdemeanors. Sec. 10. Punishment when not otherwise prescribed. Except in cases where a different punishment is prescribed by this chapter or by some existing provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding one year or by a fine not exceeding five hundred dollars, or both such fine and imprisonment. [1910] Statutes Annotated, Title 21, Ch. 61-False Weights and Measures. Sec. 1504. Hay: Failure to mark weight on bales; penalty. Any person who, in putting up or pressing hay for market, omits to put in each bundle or bale the number of pounds which he impliedly or expressly represents it to contain, is guilty of a misdemeanor.1 [1877; last amended 1910.] 1 See Title 21, Sec. 10, above; punishment for misdemeanor. Sec. 1505. False increase of weight; penalty. Every person who puts or conceals in any bag, bale, box, barrel or other package of goods usually sold by weight any other thing whatever for the purpose of increasing the weight of such package shall be punished by a fine of twenty-five dollars for each offense. [1877; last amended 1910.] Statutes Annotated, Title 21, Ch. 62-False Weights and Measures. Sec. 1551. Use; penalty. If any person with intent to defraud, use a false balance, weight or measure, in the weighing or measuring of anything whatever that is purchased, sold, bartered, shipped or delivered, for sale or barter, or that is pledged, or given in payment, he shall be punished by a fine not exceeding one hundred dollars nor less than five dollars, or by imprisonment in the county jail not more than thirty days, or by both such fine and imprisonment, and shall be liable to the injured party in double the amount of damages. [1877; last amended 1910.] Sec. 1552. Retention for use; penalty. Every person who retains in his possession any weight or measure, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it, or permit it to be used in violation of the last section [Sec. 1551], shall be punished as therein provided. [1877; last amended 1910.] Sec. 1553. Confiscation. Every person who is authorized or enjoined by law to arrest another person for violation of the first two sections [Secs. 1551, 1552] of this article [Secs. 1551-1556], is equally authorized and enjoined to seize any false weights or measures found in the possession of the person so arrested, and to deliver the same to the magistrate before whom the 888243-51-52 person so arrested is required to be taken. [1877; last amended 1910.] Sec. 1554. Testing seized weights and measures; disposition. The magistrate to whom any weight or measure is delivered, pursuant to the last section [Sec. 1553], shall, upon the examination of the accused, or if the examination is delayed or prevented, without awaiting such examination, cause the same to be tested by comparison with standards conformable to law; and if he finds it to be false, he shall cause it to be destroyed, or to be delivered to the county attorney of the county in which the accused is liable to indictment or trial, as the interests of justice in his judgment require. [1877; last amended 1910.] Sec. 1555. Destruction after conviction of owner. Upon the conviction of the accused, such county attorney shall cause any weight or measure in respect whereof the accused stands convicted, and which remains in the possession or under the control of such county attorney, to be destroyed. [1877; last amended 1910.] Sec. 1556. Labeling; penalty. Every person who knowingly marks or stamps false or short weight, or false tare on any cask or package or knowingly sells or offers for sale any cask or package so marked is guilty of a misdemeanor.1 [1877; last amended 1910.] 1 See Title 21, Sec. 10, this page; punishment for misdemeanor. Statutes Annotated, Title 21, Ch. 61-False Advertising. Sec. 1502. Unlawful acts; penalty. Any person, firm, corporation or association who, with intent to sell or in anywise dispose of merchandise, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates or places before the public, or causes directly or indirectly to be made, published, disseminated, circulated or placed before the public in this State, in a newspaper or publication or in form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than $10.00 nor more than $50.00 or by imprisonment in the county jail not exceeding twenty (20) days, or both such fine and imprisonment. [1919] Compiled Laws Annotated, Vol. 5, Title 76, Ch. 1— Weights and Measures, Sealers. Sec. 76-101. State sealer: Possession of state seal; when used. The director of agriculture of the state shall be the sealer of weights and measures, and he shall have and keep a seal, which shall be so formed as to impress the word "Oregon" upon the weights and measures, scales and beams, to be sealed by him. With this seal he shall seal all such authorized public standards of weights and measures, and all the weights and measures, scales and beams, used by him, or his deputies, for testing the accuracy of weights and measures, and measuring devices, used in trade, when examined by said director of agriculture and found to be in conformity with the standard weights and measures, scales and beams, aforesaid. [1854; last amended 1949.] Sec. 76-103. Deputy state sealer: General duties. It will be the duty of the deputy state sealer of weights and measures to exercise general supervisory control over the inspection of weights and measures in use throughout the state, and to investigate all trades and trade customs or practices of every description which have a tendency in his judgment towards dishonesty in the use of weights and measures or in the buying or selling of any commodity by weight or measure. [1913] Sec. 76-105. Same: Testing and sealing municipal standards. It shall be the duty of the deputy state sealer of weights and measures to try, prove and seal with an appropriate seal designated by him all proper standards sent to him by the properly authorized sealer of any municipality or town within the state. [1913; last amended 1939.] Sec. 76-106. Same: Specific duties. Under the direction of the state director of agriculture, as state sealer, the deputy state sealer shall have and keep general supervisory control over inspection of weights and measures, and False Advertising Unlawful acts Penalty for violations 840 840 weighing and measuring devices, offered for sale, sold, or in use in the state. He, or his deputies at his direction, shall, at least once annually, test the scales, weights and measures used in checking the receipts or disbursements of supplies in every state institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings to the state board of control and to the executive officer of the institution concerned. He shall, at the request of such state board of control or executive officer of any state institution, appoint, in writing, an employe then in the actual service of such institution, who shall, without receiving additional compensation, act as special deputy for the purpose of checking the receipts and disbursements of supplies. [1915; last amended 1949.] Sec. 76-113. State sealer and deputies: Duty to inspect annually; sealing; condemnation and confiscation. It shall be the duty of the sealer of weights and measures, or of his deputies, to visit at least once in each year every place of business where any scale, weight or measure, or any device for ascertaining the quantity of any commodity, is kept for the purpose of trade, and try, test and prove such scale, weight or measure, or such device for ascertaining the quantity of any commodity, and where they are found to be accurate shall seal the same with the seal to be kept by him for that purpose, and when found to be inaccurate shall condemn the same and mark with a tag forbidding the further use thereof until made to comply with the state standards; provided, that where, in the judgment of the sealer of weights and measures, or of his deputies, such scale, weight or measure, or device for ascertaining the quantity of any commodity, is needed for use as evidence in the trial of any case, he, or his deputies, shall take the same into his possession there to await a decision of a competent court of justice, who shall, in addition to any other penalty provided by law, order the destruction |