Page:1862-63 Territory of Dakota Session Laws.pdf/67

58 Sec. 44. Every person who shall willfully and maliciously break down, injure, remove, or destroy, any monument erected for the purpose of designating the boundaries of any tract or lot of land, or any tree marked for that purpose, or shall so break down, injure, remove, or destroy, any milestone, mile board, or guide board, erected upon any highway, or other public way, turnpike, or railroad, plank road, or shall willfully or maliciously deface or alter the inscription on any such stone or board, or shall willfully or maliciously mar or deface any building, or any sign board, or shall extinguish any lamp, or break, destroy, or remove any lamp or lamp post, or any railing or post, erected on any bridge, side walk, street, highway, court or passage, shall be punished by fine, not exceeding one hundred dollars, or by imprisonment in the county jail not more than six months.

Sec. 45. Every person who shall willfully commit any trespass by entering upon the garden, orchard, or other improved land of another without permission of the owner thereof, and with intent to cut, take, carry away, destroy, or injure the trees, grain, grass, hay, fruit or vegetables there growing, or being, shall be punished by fine, not exceeding fifteen dollars nor less than three dollars.

Sec. 46. Every justice of the peace shall have concurrent jurisdiction in his own county, with the district court, of all offenses mentioned in the last three preceding sections of this chapter, when the value of the trees, fruit, grain or other property injured, destroyed, taken, or carried away, or the injury occasioned by the trespass shall not exceed the sum of one hundred dollars, and in such case, the punishment shall be by fine, not exceeding fifty dollars nor less than five dollars.

Sec. 47. Any person who shall willfully and without authority, cut down or destroy, or shall injure by girdling, or otherwise any tree growing or standing upon the private property of any individual or cut any timber or wood upon such property, or take, carry, or haul away therefrom, any timber or wood, previously cut or severed from the freehold; or who shall willfully and without authority, dig or carry away any mineral, earth or stone, from any such land, shall be held guilty of a misdemeanor, and upon conviction of any of the said of-