Page:1862 Territory of Dakota Session Laws.pdf/166

CHAP. VIII.] . 567. No further trial can be had in such action, except upon appeal, unless for good cause shown, as in other actions.

. 568. The parties in an action for the recovery of property may avail themselves, if entitled thereto, of the relief of the statutes in force for the relief of occupying claimants of land.

. 569. If a guardian, tenant for life or years, joint tenant, or tenant in common, of real property, commit waste thereon, he is liable to pay three times the damages which have resulted from such waste to the person who is entitled to sue therefor.

. 570. Judgment of forfeiture and conviction may be rendered against the defendant, whenever the amount of damages so recovered is more than two thirds the value of the interest such defendant has in the property wasted, and when the action is brought by the person entitled to the reversion.

. 571. Any person whose duty it is to prevent waste, and who has not used reasonable care and diligence to prevent it, is deemed to have committed it.

. 572. For wilful trespass, 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 town, or any land held by this territory, for any purpose whatever, the trespasser shall pay treble damages, at the suit of any person entitled to protect or enjoy the property aforesaid.

. 573. Nothing herein contained 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 in its immediate neighborhood.

. 574. The owner of an estate in remainder or reversion, may maintain either of the aforesaid actions for injuries done to the inheritance, notwithstanding any intervening estate for life or years.

. 575. An heir, whether a minor or of full age, may maintain these actions for injuries done in the time of his ancestors, as well as in his own time, unless barred by the statute of limitations.

. 576. Where lands or tenements are sold by virtue