Page:Revised Codes of the State of North Dakota 1895.pdf/1353

False Weights and Measures. § 7499. Presenting false proof of loss. Every person who presents or causes to be presented any false or fraudulent claim, or any proof in support of any such claim, upon any contract of insurance, for the payment of any loss, or who prepares, makes or subscribes any account, certificate, survey, affidavit, proof of loss or other book, paper or writing, with intent to present or use the same, or to allow to be presented or used in support of any such claim, is punishable by imprisonment in the penitentiary not less than one and not exceeding three years, or by a fine not exceeding one thousand dollars, or both.

CHAPTER 55.

FALSE WEIGHTS AND MEASURES.

§ 7500. False weights and measures. If any person with intent to defraud, uses 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 fine not exceeding one hundred dollars nor less than five dollars, or by imprisonment in a 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.

§ 7501. Retaining same. 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 permits it to be used in violation of the last section, shall be punished as therein provided.

§ 7502. Officer may seize same. Every person who is authorized or enjoined by law to arrest another person for a violation of sections 7500 and 7501, 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 person so arrested is required to be taken.

§ 7503. May be tested and destroyed. The magistrate to whom any weight or measure is delivered, pursuant to the last section, 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 state's attorney of the county in which the accused is liable to prosecution or trial, as the interests of justice in his judgment may require.

§ 7504. Duty of state's attorney. Upon the conviction of the accused, such state's attorney shall cause any weight or measure in respect whereof the accused stands convicted, and which remains in possession or under the co of such e's attorney, to destroyed.

§ 7505. Stamping false weight or tare. Every person who knowingly marks or stamps false or short weight or false tare on any 1319