Page:1862-63 Territory of Dakota Session Laws.pdf/68

Rh fenses, shall be punished by imprisonment in the county jail of the proper county, not more than one your, or by fine not exceeding five hundred dollars, nor less than five dollars.

Sec. 48. Any justice of the peace shall have concurrent jurisdiction in his own county, with the district court, of any of fenses in the preceding section specified, when the value of trees, wood, timber, mineral, earth or stone, shall be alleged not to exceed the sum of one hundred dollars, and in such case the punishment shall be by fine, not less than five, nor more than one hundred dollars; and if any person, on conviction of such offense, shall refuse or neglect for the space of ten days, to pay such fine, it shall be lawful for the justice before whom the conviction was had, to commit such person to the jail of the proper county, for a period not less than ten, nor more than thirty days.

Sec. 49. If any person shall willfully and maliciously set on fire, or cause to be set on fire, any woods or prairie, or other grounds, other than his own, or shall intentionally, or by neglect, permit the fire to pass his own prairie or grounds, to the injury of any other person or persons, every person so offending shall, on conviction thereof, for every such offense, be fined in a sum not exceeding five hundred dollars, nor less than ten dollars.

Sec. 50. That if any person shall, at any time hereafter, willingly and intentionally, or negligently and carelessly set on fire, or cause to be set on fire, any woods, prairies or other grounds whatsoever in any part of this territory, every person so offending shall forfeit any pay not less than five dollars nor more than one hundred dollars: Provided, that this section shall not extend to any person who shall set on fire, or cause to be set on fire, any woods or prairie adjoining his or her own farm or enclosure, for the necessary protection thereof from accident by fire, by giving to his or her neighbors one day's notice of such intention: Provided, further, that in case the neighbors come together and participate in the burning of any wood, prairies or grounds, the notice specified in this section shall not be necessary or given: Provided, also, that this section shall not be construed to take away any civil remedy, which any person may be entitled to for any injury which may be done or received in consequence of such firing.