Page:Revised Codes of the State of North Dakota 1895.pdf/1365

Malicious Mischief. or legal occupant thereof, any earth, soil or stone, being a part of the freehold or severed therefrom at some previous time, under such circumstances as would render the trespass a larceny, if the thing so severed or carried away was personal property; or,

5. Digging, taking or carrying away from any land in any incorporated city or town of this state, laid down on the map or plan of said city or town as a street or avenue, or otherwise established or recognized as a street or avenue, without the license of the mayor and common council or other governing body of such city or town, or owner of the fee thereof, any earth, soil or stone, under such circumstances as would render the trespass a larceny, if the thing so severed or carried away was personal property,

Is guilty of a misdemeanor.

§ 7570. Injuring timber and enumerated fixtures. Every person who shall wantonly or maliciously cut, dig up or injure any timber set out, planted, cultivated or growing naturally, or who shall wantonly or maliciously open, let down, throw down or prostrate any fence, gate or bars, belonging to any inclosure of any description of cultivated and growing timber, or tears down or opens any such fence, gate or bars, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding thirty days, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment, and shall be liable in damages to the party injured.

§ 7571. Injuring standing crops. Every person who maliciously injures or destroys any standing crops. grain, cultivated fruits or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this code. or by some of the statutes which it specifies as continuing in force, is guilty of a misdemeanor.

§ 7572. Injuring fruit or melons in daytime. Every person who maliciously or mischievously enters in the daytime, the inclosure, or goes upon the premises of another, with the intent to knock off, pick, destroy or carry away, or having lawfully entered or gone upon does afterward wrongfully knock off, pick, destroy or carry away any apples, peaches. pears, plums, grapes or other fruit, melons or flowers of any tree, slirub, bush or vine, shall be punished by a fine not exceeding one hundred dollars and not less than five dollars, or by imprisonment in the county jail not exceeding thirty days.

§ 7573. Same in nighttime. Every person who shall, maliciously or mischievously enter the inclosure, or go upon the premises of another in the nighttime, and knock off, pick, destroy or carry away. Any apples, peaches, pears, plums, grapes or other fruit, melons or towers, of any tree, shrub, bush or vine, or having entered the inclosure or gone upon the premises of another, in the nighttime, with the intent to knock off, pick, destroy or carry away any fruit or flowers, as aforesaid, be actually found thereon. shall, on conviction thereof, be punished by fine not exceeding one hundred and not less than ten dollars, or by imprisonment in the county jail not exceeding thirty days. § 7574. Injuring fruit trees. Every person who shall, maliciously or mischievously, bruise, break or pull up, cut down, carry away, destroy or in anywise injure any fruit or ornamental tree, shrub, vine or material for hedge, being, growing or standing on the 1331