son * * otherwise injures any tree or timber on land of another per* without lawful authority, is liable to the owner of Treble dam- such land * * * for treble the amount of damages which may be assessed therefor in a civil action, in any court having jurisdiction. ages. Criminal trespass on timber. Penalty. Civil action for timber trespass. Amount coverable. Practice. Sec. 4532.-Nothing in the last section authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge upon the land adjoining it. Sec. 7158. Every person who wilfully commits any trespass by either: 1. Cutting down, destroying or injuring any kind of wood or timber, standing or growing upon the lands of another, or 2. Carrying away any kind of wood or timber lying on such lands, * is guilty of a misdemeanor. ILLINOIS. REVISED STATUTES, CHAP. XXXVIII.-Sec. 269. Whoever shall knowingly and wilfully, without color of title made in good faith, cut, box, fell, bore or destroy any tree or sapling, standing or growing upon the land of another, without the consent of the owner of the land, or if the land belongs to the state, is school land, canal land, or belongs to any association or corporation, without the consent of the proper authorities, or persons having legal charge thereof, shall be fined not less than three nor more than two hundred dollars, or confined in the county jail not exceeding three months. REVISED STATUTES, CHAP. CXXXVI.-Sec. 5. Any person who shall cut, fell, box, bore or destroy, or carry away any black walnut, black, white, yellow or red oak, whitewood, poplar, wild cherry, blue ash, yellow or black locust, chestnut, coffee or sugar tree, or sapling, standing or growing upon land belonging to any other person or persons, without having first obtained permission so to do from the owner or owners of such lands, shall forfeit and pay for such tree or sapling, so cut, felled, boxed, bored or dere-stroyed the sum of $8; and every person who shall cut, fell, box, bore or destroy any tree or sapling not hereinabove named or enumerated, standing or growing upon land belonging to any other person or persons, without permission as aforesaid, shall forfeit and pay for every such tree or sapling so cut, felled, boxed, bored or destroyed, the sum of $3. Criminal trespass on timber. NOTE.-Sections 6 and 7 provide for the method of legal procedure only and are therefore here omitted. INDIANA. REVISED STATUTES.-Sec. 2065. Whoever cuts down or destroys, or by girdling or any other means injures any standing or growing vine, bush or shrub, sapling or tree on the land of another person, or on land belonging to the state, or to any county or township therein, or on any land reserved or granted for the use of schools or seminaries, without a license to do so from competent authority; or who, without such license, shall cut down or remove from any such lands, or from lands belonging to the United States, any tree, stone, timber, or other valuable article, is guilty of a trespass, and upon conviction thereof, shall be fined in five times the value of such property, to which may be added imprisonment not exceeding twelve months in the county jail. The provisions of this act shall not apply to actual settlers upon public lands, who cut timber and use stone for their own farming purposes upon the lands on which they reside. IOWA. CODE.-Sec. 4306. For wilfully injuring any timber, tree or shrub, on the land of another, or in the street or highway in front of another's cultivated ground, yard or town lot, or on the public grounds of any city or town, or any land held by the State for any purpose whatever, the perpetrator shall pay treble damages at the suit of any person entitled to protect or enjoy the property. NOTE.-Applicable only where the injury is wanton and without reasonable excuse. Werner v. Flies, 91 Ia., 146. Quintuple damages. Trespass on timber. Treble dam ages. Penalty. Sec. 4829. If any person wilfully commit any trespass by cutting Criminal trespass on timber. down or destroying any timber or wood standing or growing upon the land of another, or by carrying away timber or wood being on such land: * * * he shall be fined not exceeding five hundred dollars or imprisoned in the county jail not more than one year, or both at the discretion of the court. If in any case the value of the property so cut down, carried away, or otherwise taken, shall not exceed the sum of fifty dollars, then the person so offending shall be fined not exceeding one hundred dollars, or imprisoned in the county jail not exceeding thirty days. KANSAS. criminal liabil GENERAL STATUTES.--Sec. 7862. If any person shall cut down, Civil and injure or destroy or carry away any tree placed or growing for ity for timber use, shade or ornament, or any timber rails or wood standing, trespass. being or growing on the land of another person * * * the party so offending shall pay to the party injured treble the value Treble damof the thing so injured, broken, destroyed or carried away, with costs, and shall be guilty of a misdemeanor and shall be subject to a fine not exceeding five hundred dollars. NOTE.-Treble damages are recoverable under this statute, although the trespass was not wilful or malicious. Wright v. Brown, 5 Kans., 600. "Timber" includes any kind of trees. Simpson v. Woodward, 5 Kans., 571, 576. The owner, not the mere possessor of the land, is entitled to treble damages. Rwy. Co., v. Arnold, 10 Kans., 473. A possessor is liable to the owner the same as a stranger. KENTUCKY. KENTUCKY STATUTES.-Sec. 1201. Any person who shall feloniously cut or saw down and carry away timber growing upon the ages. Fine. Criminal tres pass on timber. Criminal tres Fine. lands of another, of the value of twenty dollars or more, and with out color of title in himself to the land upon which said timber was growing, or to said timber, shall be confined in the penitentiary for a period of one year. Sec. 1244.-If any person shall feloniously cut, saw down and carry away timber growing upon the land of another, of less value than twenty and more than five dollars, and without color of title in himself to the land upon which the timber was growing, he shall be fined not less than fifty nor more than one hundred dollars, or imprisoned in the county jail not more than six months, or both. LOUISIANA. REVISED LAWS.-Sec. 817. Whoever shall cut, pull down, burn, pass on timber. destroy or carry away any. tree, wood or timber growing or lying on the land of another, or cause the same to be done, without the consent of the owner or legal possessor, on conviction, shall pay a fine of not less than five nor more than one hundred dollars; one-third for the benefit of the owner or legal possessor of the land; one-third for the benefit of the parish, and one-third for Civil remedy the benefit of the district attorney. Nothing contained in this unimpaired. section shall take away or impair the right to damages or other `legal remedy which the party injured may now have under the laws of this state. Timber tres pass. ACT 137, 1890, PAGE 177 (WOLFF'S REVISED LAWS, PAGE 199).— Sec. 1. Whoever shall wilfully and feloniously cut, pull down, burn, destroy, kill or deaden, carry away or float away any tree, wood or timber, growing or lying on the land of another, or lying in water on the land of another, or cause the same to be done without the consent of the owner or actual possessor thereof, on Fine and im- conviction, shall be fined not less than $50, nor more than $500, or prisonment. imprisoned in the penitentiary or otherwise for not more than two years at the discretion of the court, and in default of payment of said fine and costs he shall be imprisoned not more than four months. MAINE. Civil dam REVISED STATUTES, CHAP. XCV.-Sec. 9. Whoever cuts down, ages for tim- injuries or carries away, any ornamental or fruit tree, timber, ber trespass. Criminal trespass on timber. Penalty. Timber and grass defined. wood, underwood, * * * from lands not his own, is liable in damages to the owner in an action of trespass. NOTE. The mere legal possessor may recover. CHAP. CXXVII.-Sec. 15. Whoever, except a highway commis- * NOTE.-Laws of 1903, Chap. 232, define timber and grass on public lands as all growth of every description on such land. MARYLAND. Criminal tres PUBLIC GENERAL LAWS, SUPPLEMENT, PAGE 157, ARTICLE XXVII.Sec. 52. Any person who shall wilfully or maliciously * * * pass on timber. take and carry away any growing tree or cut down any tree * * * shall on conviction thereof be adjudged guilty of a misdemeanor, and after presentment and indictment by a grand jury and conviction, shall, in the discretion of the court, be imprisoned in the penitentiary of this state for not less than one year nor not more than three years, or in the house of correction not exceeding three years, or in the city and county jail not exceeding one year, or be fined not less than five dollars nor more than one hundred dollars, or be both fined and imprisoned in jail as aforesaid. MASSACHUSETTS. Imprison ment. Fine. Timber tres REVISED LAWS, CHAP. CLXXXV.-Sec. 7. Any person who without license wilfully cuts down, carries away, girdles or other- pass. wise destroys any trees, timber, wood, or underwood on the land of another shall be liable to the owner in an action of tort for three times the amount of the damages assessed therefor; but Treble damif it is found that the defendant had good reason to believe that ages. the land on which the trespass was committed was his own, or Single damthat he was otherwise lawfully authorized to do the acts com- ages. plained of, he shall be liable for single damages only. Sec. 8. A trespasser, if the trespass was casual and involuntary, may, before an action is commenced, tender the damages and, upon action brought, disclaim title and allege the tender, and that the trespass was casual and involuntary; and if it is found that the allegations are true and if he has deposited with the court the amount of his tender, at the time of filing his answer and the damages assessed are not more than the amount tendered, he shall recover his costs. Such tender may, subject to the same provisions, be made after the action has been commenced with like effect, if it covers the costs to the time of tender. * REVISED LAWS, CHAP. CCVIII.-Sec. 99. Whoever wilfully cuts down or destroys timber or wood standing or growing on the land of another, or carries away any kind of timber or wood cut down or lying on such land * * without the license of the owner thereof, shall be punished by imprisonment for not more than six months or by a fine of not more than five hundred dollars, and if the offense is committed on the Lord's Day, or in disguise, or secretly in the night-time the imprisonment shall not be less than five days nor the fine less than five dollars. NOTE 1.-Sec. 121, merely provides for procedure when trespasser is arrested on Sunday. Innocent trespass. Tender of damages. Criminal trespass on timber. Penalty. Sunday ar rest. NOTE 2. Acts and Resolves 1904, chap. 208, sec. 1, amends Posting tressection 99 of Chap. 208, Revised laws, but in no manner to pass notices. affect its bearing on forest lands. Sec. 2 provides that the Secretary of the State Board of Agriculture shall have copies of the trespass laws printed. Sec. 3, provides that he shall have such copies posted, and furnish not exceeding five such copies to any reputable person asking for them to be posted. Criminal trespass on timber. Penalty. Timber trespass. Penalty. Timber tres pass to amount MICHIGAN. COMPILED LAWS.-Sec. 11587. Every person who shall wilfully commit any trespass, by cutting down or destroying any timber or wood, standing or growing on the land of another, or by carrying away any kind of timber or wood, cut down or lying on such land * * * without the license of the owner, of the value of five dollars or more, shall be punished by imprisonment in the county jail not more than sixty days, or by fine not exceeding one hundred dollars. Sec. 11648. Every person having no color of title, either tax, equitable or otherwise, who shall wilfully and without permission of the owner thereof, enter upon the lands of another and shall cut down, destroy or remove therefrom any tree, trees, timber, wood, logs, or lumber, growing, standing, lying or being thereon, of the value of twenty-five dollars or more, or shall wilfully induce, direct, aid or abet any other person in so doing, and every person who shall knowingly receive into his possession, or shall purchase, or shall manufacture or shall cause to be manufactured into lumber, shingles, lath or other product, any trees, timber, wood or logs, so cut down or removed, knowing the same to have been cut or removed without the permission of the owner, with intent to induce, profit, aid or abet any other person in such cutting down or removal, or to profit himself thereby, shall be deemed guilty of a felony and shall be punished by imprisonment in the state prison not more than one year, or by fine of not more than five hundred dollars, or imprisonment in the county jail not more than twelve months. Sec. 11649. If the tree, trees, timber, wood, logs or lumber so less than $25. cut down, destroyed or removed shall exceed the value of one dollar and shall not be of the value of twenty five dollars, the person thus offending shall be punished by fine not exceeding one hundred dollars, or imprisonment in the county jail not exceeding three months or by both such fine and imprisonment, in the discretion of the court. Practice. Timber trespass. son NOTE.-Sec. 11650 provides for the method of prosecution only and is, for that reason, omitted. * * * MINNESOTA. STATUTES OF MINNESOTA.-Sec. 5884. Whoever cuts down or carries off any wood or underwood, tree or timber or girdles or otherwise injures any tree, timber or shrub on the land of another perwithout lawful authority is liable to the owner Treble dam- of such land * * * for treble the amount of damages which may be assessed therefor in a civil action in any court having jurisdiction, except as provided in the next section. ages. Innocent trespass timber. on Sec. 5858. If upon trial of such action, it appears that the trespass was casual or involuntary, or that the defendant had probably cause to believe that the land on which the trespass was committed was his own, or that of the person in whose service or Single dam- by whose direction the act was done, judgment shall be given for only the single damages assessed in the action. ages. |