Page:Revised Codes of the State of North Dakota 1895.pdf/1362

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§§ 7550-7556
PENAL CODE.
Malicious Mischief.

§ 7550. Obstructing highway. Barbed wire fence. Every person who shall knowingly and willfully obstruct or plow up, or cause to be obstructed or plowed up, any public highway or public street of any town, except by order of the road supervisors for the purpose of working the same, or injure any bridge on the public highway, or shall build or place a barbed wire fence across any well traveled trail, which has been the usual and common route of travel for not less than one year prior to the commission of the offense, without placing on the outside of the top tier of barb wire on said fence, a board, pole or other suitable protection, to be at least sixteen feet in length, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding one hundred dol- lars, and shall be liable for all damages to person or property by reason of the same.

§ 7551. Injury to tollhouse or gate. Every person who maliciously injures or destroys any tollhouse or turnpike gate is guilty of felony.

§ 7552. Injury to mileboards or guideposts. Every person who removes or injures any mile board, milestone or guidepost, or any inscription on such, erected upon any highway, is guilty of a misdemeanor.

§ 7553. Injuring telegraph lines. Every person who maliciously takes down, removes, injures or obstructs any line of telegraph or any part thereof, or appurtenance or apparatus therewith connected, or severs any wire thereof, is guilty of a misdemeanor.

§ 7554. Unauthorized diversion of water from irrigation ditch. It shall be unlawful, for any person to divert any of the waters from any irrigation ditch, in this state, or to interfere in any manner whatever with any irrigation ditch, without first having obtained the permission of the owner of such ditch, or of the person or persons lawfully in charge thereof.

§ 7555. Punishment. Justice's jurisdiction. Every person violating any of the provisions of the preceding section, shall be deemed to be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than twenty-five dollars, nor more than fifty, and any justice of the peace within the county where such offense may be committed shall have jurisdiction to try and determine all cases arising under the provisions of said section.

CHAPTER 62.

MALICIOUS MISCHIEF.

§ 7556. Malicious mischief defined. Every person who maliciously injures, defaces or destroys any real or personal property not his own, in cases other than such as are specified in the following sections, is guilty of a misdemeanor, and in addition to the punishment prescribed therefor, he is liable in treble damages for the injury dune, to be recovered in a civil action by the owner of such property or public officer having charge thereof.1328