shall, upon conviction thereof, be fined in any sum, not exceeding one hundred dollars, or be imprisoned in the county jail not exceeding thirty days, or both, at the discretion of the court.
Sect. 3. And if any person or persons shall wilfully or maliciously, and without lawful authority, cut down, root up, sever, injure, or destroy any fruit or ornamental trees, cultivated root or plant, or other vegetable production, standing or growing in, or being attached to the lands of others, and shall wilfully and without lawful authority, cut down, root up, destroy, or injure any fruit or ornamental trees or shrubbery, planted or growing in any street, lane, or alley, or public ground, in any city or incorporated town, every such person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine of not more than one hundred dollars, or by imprisonment in the county jail not exceeding three months, or both, at the discretion of the court, and shall moreover be liable in damages to the party injured.
Sect. 4. In case of prosecution for any of the above offences, if the land referred to be owned or occupied in common by two or more tenants, the complaint shall be deemed sufficient, if any one or more of such tenants in common shall be named therein.
Sect. 5. All prosecutions under this chapter shall be commenced within one year from the time any such offence shall have been committed, before some justice of the peace of the county wherein the same shall have been committed; and all fines collected under the provisions of this chapter, shall be paid into the treasury of the county where the offence shall have been committed, for the use of the common schools of said county.
Sect. 6. This act shall take effect and be in force from and after the first day of May, 1862.
- Approved April 10, 1862.
