Page:Revised Codes of the State of North Dakota 1895.pdf/1323

Public Health and Safety. ishable by a fine of not less than five and not exceeding one hundred dollars.

§ 7286. Adulterating medicines. Every person who knowingly, willfully or fraudulently, either:

1. Falsifies or adulterates or causes or permits to be falsified or adulterated, any drug, medicinal preparation authorized or recognized by any standard work on pharmacy, or used or intended to be used medicinally; or,

2. Mixes or causes or permits to be mixed with any such drug or medicinal preparation any foreign or inert substance for the purpose or with the intent of destroying or weakening its medicinal power or effect or of lessening its cost; or,

3. Sells, furnishes or delivers or causes or permits any such falsified or adulterated drug or medicinal preparation to be sold, furnished or delivered for medicinal purposes,

Is guilty of a misdemeanor.

CHAPTER 40.

CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY.

§ 7287. Public nuisance defined. A public nuisance is a crime against the order and economy of the state, and consists in unlawfully doing any act or omitting to perform any duty required by the public good, which act or omission, either:

1. Annoys or injures the comfort, repose, health or safety of any considerable number of persons: or,

2. Offends public decency; or,

3. Unlawfully interferes with, obstructs or tends to obstruct, any lake or any navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or,

4. In any way renders life or the use of property uncomfortable.

§ 7288. Unequal damage. An act which affects a considerable number of persons in either of the ways specified in the last section, is not less a nuisance because the extent of the damage is unequal.

§ 7289. Maintaining nuisance. Misdemeanor. Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.

§ 7290. Keeping explosives. Every person who makes or keeps gunpowder, salt peter, gun cotton, nitroglycerine or dynamite or any compound of the same, or any fulminate or substance which is intended to be used by exploding or igniting the same, in order to produce a force to propel missiles or to rend apart substances, within any city, town or village, and any person who carries any of such explosives through the streets thereof, in any quantity or manner prohibited by law or by any ordinance, by-law or regulation of said city, town or village, is guilty of a misdemeanor. 1289