Treble ages. dam-person so offending shall pay to the party injured, treble the value of the thing so injured, broken, destroyed or taken away, with costs. Criminal tres ber. Sec. 1909. Every person who shall steal, take and carry pass on tim- away any timber, rails or wood standing, being or growing upon the lands of another, * * * shall be deemed guilty of larceny in the same manner and in the same degree, according to the value of the property, article or thing so taken as if the same had been severed at some different and previous time. Timber tres pass. Treble ages. NOTE 1.-A trespass committed under color of right is not covered by this section. State v. Ravenscroft, 62 Mo. App. 109. NOTE 2.-See also Chapter III B, of this bulletin, page 133, sec. 1969 and following. MONTANA. CODE OF CIVIL PROCEDURE.-Sec. 1302. Any person who cuts down or carries off any wood or underwood, tree or timber on the land of another person * without lawful authority dam- is liable to the owner of such land * * * for treble the amount of damages which may be assessed therefor in a civil action, in any court having jurisdiction. Roadway timber. Criminal tres NOTE.-Treble damages can be recovered only where the trespass is willful and malicious. McDonald v. Mont. Wood Co., 14 Mont., 88. Sec. 1303. 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 or adjoining it. PENAL CODE.-Sec. 1054 (as amended by chap. 64, Laws of pass on tim- 1903). Every person who wilfully commits any trespass by ber. Damage by land. 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 timber or wood lying on such land * * * is guilty of a misdemeanor. NEBRASKA. COMPILED STATUTES.-Sec. 482. Cultivated lands, within the cattle to wood- meaning of this act, shall include all forest trees, fruit trees and hedge rows planted on said lands, also all lands surrounded by a plowed strip not less than one rod in width which strip shall be plowed at least once a year. Timber trespass. NOTE. This section is part of a series of enactments (Sections 475 to 487) which make owners of live stock liable for all damage done by such stock upon cultivated lands, and provided for the impounding of the stock, arbitration of the damages, etc. *: * * or on COMPILED STATUTES.-Sec. 7215. For wilful trespass, injuring any timber, tree or shrub on the land of another, any land held by this state, for any purpose whatever, the tresTreble dam- passer shall pay treble damages at the suit of any person entitled to protect or enjoy the property aforesaid. ages. Sec. 7216.-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 in its immediate neighborhood. NEVADA. Roadway timber. pass. COMPILED LAWS.-Sec. 3348. Any person who shall cut down or Timber trescarry off any wood or underwood, tree or timber, or girdle or otherwise injure any tree or timber on the land of another pershall be liable to the owner of such land * * * for treble the amount of damages which may be assessed therefor in a civil action in any court having jurisdiction. son * * * Sec. 3349. Nothing in the last section shall authorize 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, or adjoining it. NOTE. Compare also sec.328 and the following, chap. III B of this bulletin, page 135. NEW HAMPSHIRE. Treble dam ages. Timber for repairing. Timber tres pass. PUBLIC STATUTES, CHAP. CCXXXXIV.-Sec. 1. Whoever shall cut, fell, destroy, injure or carry away, wilfully and unlawfully, any tree, timber, log, wood, pole, underwood or bark, standing or being on the land of another person, or shall aid therein, shall forfeit to the person injured, for every pine or other timber tree so cut, felled, destroyed, injured or carried away, five times the value thereof; for every other tree or log Quintuple of greater dimensions than one foot in diameter, five dollars and damages. three times the value thereof; for every other tree or log of the dimension of one foot in diameter five dollars; and for every tree, log or pole, less than one foot in diameter, three dollars; and for any other wood, underwood, timber or bark, three times the value thereof. NEW JERSEY. GENERAL STATUTES, PAGE 1068.-Sec. 103. If any person or persons whatsoever shall, at any time hereafter, unlawfully cut, fell, work up, carry away, box, bore, bark or destroy any tree, sapling, log or pole, standing or lying on any land in this state, to which such person or persons hath not or have not any legal right or title, without leave first had and obtained of the owner or owners of the said land for that purpose, every person so offending shall be guilty of a misdemeanor and on conviction thereof, shall be punished by a fine, not exceeding one hundred dollars, or imprisonment at hard labor, not exceeding one year, or both, at the discretion of the court before whom such offender or offenders shall be convicted, provided, that this act shall not subject to conviction and punishment any person or persons who have been subjected to a prosecution for a penalty as provided for the same offense, and shall be discharged therefrom by due course of law, or who shall cut, fell, work up, carry away, box, bore, bark or destroy any tree, sapling, log or pole standing or lying on any land Treble dam ages. Criminal tres pass on timber. Penalty. Exceptions. Innocent tres pass. Receiving stolen timber. Penalty. Roadway tim ber. Criminal trespass on timber. Penalty. Criminal trespass. Civil action for timber trespass. Treble damages. in his or her actual possession, nor any person or persons who shall cut, fell, work up, carry away, box, bore, bark or destroy any tree, sapling, log or pole lying or being on land not his, her or their own, by reason of not knowing the exact boundaries of lands in his, her or their possession, nor any person who shall do the same by mistake or accident, without any intention to injure or defraud the owner thereof. Sec. 104. If any person or persons shall saw up any log, or receive or buy any tree, sapling, log, pole, wood or timber, so unlawfully taken and carried away, he, she or they, so offending, shall be deemed guilty of a misdemeanor, and, upon conviction, be punished by fine not exceeding one hundred dollars, or imprisonment at hard labor, not exceeding six months, or both, at the discretion of the court before whom such offender or offenders shall be convicted. Sec. 195. Nothing in this act shall be deemed or taken to extend to prohibit the cutting, felling or carrying away of any wood or timber within the bounds or limits of the highways within the state, for the making and repairing of bridges and highways. NEW MEXICO. COMPILED LAWS.-Sec. 1137. Every person who shall wilfully maliciously and wantonly, and without cause, cut down or destroy, or otherwise shall injure any fruit tree, or any other tree not his own, standing or growing for shade, ornament or other useful purposes, or cut off the branches, * * * shall be punished by imprisonment in the county jail not exceeding one year, nor less than three months, or by fine not exceeding two hundred dollars, nor less than twenty-five dollars. NEW YORK. PENAL CODE.-Sec. 640. A person who wilfully cuts down or destroys or injures any wood or timber, standing or growing or which has been cut down and is lying on lands of another, or of the people of the state, * shall be deemed guilty of a misdemeanor. * * CODE OF CIVIL PROCEDURE.-Sec. 1667. If any person cuts down or carries off any wood, underwood, tree or timber, or girdles or otherwise despoils a tree on the land of another, without the owner's leave, * * an action may be maintained against him by the owner. Sec. 1668. In an action brought as described in the last section, the plaintiff may state in his complaint the amount of his damages, and demand judgment for treble the sum so stated. Thereupon, if the inquisition, or where issues of fact are tried, the verdict, report, or decision, awards him any damages, he is entitled to judgment for treble the sum so awarded, except that Single dam- in either of the following cases, judgment must be rendered for single damages only: ages. Innocent tim- 1. Where the verdict, report, or decision finds that the injury, ber trespass. for which the action was brought, was casual and involuntary; or that defendant, when he committed the injury, had probable cause to believe that the land was his own. 2. Where the defendant has pleaded, and the verdict, report, Taking timber for repair or decision finds affirmatively that the injury, for which the for high road. action was brought, was committed by taking timber for the purpose of making or repairing a public road or a public bridge; or by taking any wood, underwood, or tree, for a like purpose, by authority of a public highway commissioner. NORTH CAROLINA. LAWS OF 1889, CHAP. 168.-Sec. 1. If any person not being the Criminal trespass on timber. bonafide owner thereof shall knowingly and wilfully cut down, injure or remove any standing, growing or fallen trees or logs, the property of another, he shall be guilty of a misdemeanor and punished by a fine of not more than fifty dollars or imprisonment Penalty. not more than thirty days, or both. NORTH DAKOTA. REVISED CODE.-Sec. 7569. (Sec. 703, Penal Code.) Every person who wilfully commits any trespass by either: 1. Cutting down or destroying any kind of wood or timber, standing or growing upon the lands of another; or driving or riding through, into or across any cultivated hedge or tree row, or any grove of ornamental trees or orchard of fruit trees growing upon the land of another, or in any other manner injuring the same; or 2. Carrying away any kind of wood or timber that has been cut down and is lying upon such lands; * * * is guilty of a misdemeanor. Sec. 7570. (Sec. 704, Penal Code.) 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 and 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 a fine not exceeding one hundred dollars, or by both such fine and imprisonment, and shall be liable in damages to the party injured. OHIO. Criminal trespass on timber. Same. Penalty. ANNOTATED STATUTES.-Sec. 6880a. Whoever shall saw, bore Criminal trespass on timber. or cut down any timber, tree or trees of whatever size, or any poles commonly called hoop poles, standing or growing upon the lands of another, or lands of the state of Ohio, or shall unlawfully take, carry or haul away from the lands of another person or lands of the state of Ohio, any timber, sawlogs, rails, rail cuts, tan-bark, hoop poles, railroad ties, hoops, staves, stave bolts, or blocks, butts or any timber of any value whatever or shall unlawfully dig up, pluck off or carry away from the lands of another person any cultivated root or roots, plant or plants, fruit, or any other vegetable production or productions, with intent in each or any of the above recited cases to injure the owner of said lands in his property, or to defraud him or them, if the value of the Value penalty. $35; property so severed or taken is of the value of thirty-five dollars or more shall be guilty of a felony, and be imprisoned in the penitentiary not more than three years, nor less than one year, and shall pay the cost of prosecution. And, if any party shall be convicted of either or any of the offenses mentioned in this section, and the value of the property severed or in any manner taken from the lands in violation of this section shall be less Value less than thirty-five dollars, he shall be guilty of a misdemeanor, and than $35; penalty. be fined in any sum not less than twice the value of the property severed or carried away from the lands as aforesaid, or imprisoned in the jail of the county not exceeding thirty days, or both, at the discretion of the court, and pay costs of prosecution. Receiving timber, stolen etc. Penalty. Sec. 6880b. Whoever shall buy any of the property mentioned in section 6880a, or any lumber, timber, bark, rails, hoops, or hoop poles, or railroad ties, so made or taken, knowing that the same had been severed or taken from the lands of another, or from the lands of the state, in violation of section 6880a, with intent to defraud the owner of such property, shall be fined not less than twice the value of the property bought or received as aforesaid, or imprisoned in the jail of the county not exceeding thirty days, or both, at the discretion of the court, and shall pay the costs of prosecution. Sawing or Sec. 6880c. Whoever owning a sawmill, stave, spoke or other manufacturing stolen timber." manufactory of wooden articles, or having charge or control thereof, or who may be working in or running a sawmill, stave, spoke, or other manufactory of wooden articles, shall saw, or knowingly permit to be sawed in said mills, or used in said manufactories, any timber or logs, or other articles, mentioned in this act, with intent thereby to injure or defraud the owner or owners of said property, and knowing that said timber or logs had been severed or taken from the lands of another, or from the lands of the state of Ohio, in violation of the provisions of section 6880a, shall be guilty of a misdemeanor, and shall be fined in any sum not less than twice the value of the lumber or timber sawed as aforesaid, or imprisoned in the jail of the county not exceeding thirty days, or both, at the discretion of the court, and shall pay the costs of prosecution. Penalty. NOTE.-Sec. 6880d provides that fine for criminal timber trespass under last four sections above, shall be disposed of as follows: First, costs of prosecution to be paid; second, owner to receive twice the value of timber taken. OKLAHOMA. STATUTES.-Sec. 2494. Every person is guilty of a midemeanor who wilfully commits any trespass by either: 1. Cutting down or destroying any kind of wood or timber, standing or growing upon the lands of another; or, driving or riding through, into or across any cultivated hedge or tree row, or any grove of ornamental trees or orchard of fruit trees growing upon the land of another, or in any other manner injuring the same; or 2. Carrying away any kind of wood or timber that has been cut down and is lying on such lands. * * * |