Sec. 2495. 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. OREGON. * * * CODES AND STATUTES.-Sec. 348. Whenever any person shall cut down. girdle or otherwise injure or carry off, any tree, timber or shrub on the land of another person * * * without lawful authority, in an action by such person, against the person committing such trespasses, or any of them, if judgment be given for the plaintiff, it shall be given for treble the amount of damages claimed or assessed therefor, as the case may be. Same. Penalty. Timber tres pass. Treble dam ages. Innocent timber tres Sec. 349. If, upon the trial of such action, it shall appear that the trespass was casual or involuntary, or that the defendant had pass. probable cause to believe that the land on which such trespass was committed was his own, or that of the person in whose service or by whose direction the act was done, or that such tree or timber was taken from uninclosed woodland, for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall only be given for single damages. Sec. 1829. If any person shall wilfully cut down, destroy or injure any standing or growing tree upon the lands of another, or shall wilfully take or remove from any such lands any timber or wood previously cut or severed from the same, or shall wilfully dig, take, quarry or remove from any such land any mineral, earth or stone, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than one year, or by fine not less than fifty nor more than one thousand dollars. PENNSYLVANIA. Single damages. Criminal trespass on timber. Penalty. Timber tres PEPPER AND LEWIS' DIGEST, PAGE 4706 (LAWS OF 1824, PAGE 152). In all cases, where any person * * * shall cut down pass. or fell, or employ any person or persons to cut down or fell, any timber tree or trees, growing upon the lands of another, without the consent of the owner thereof, he, she or they so offending Double damshall be liable to pay to such owner double the value of such tree ages. or trees so cut down or felled; or in case of the conversion thereof Treble damto the use of such offender or offenders treble the value thereof, ages. to be recovered, with costs of suit, by action of trespass or trover, as the case may be; and no prosecution by indictment shall be any bar to such action. NOTE. This provision was, by Laws of 1840, Page 217, made applicable to " any person or persons who shall purchase or receive any timber, tree or trees, knowing the same to have been cut or removed from the lands of another person with Receiving stolen timber. Criminal tres out the consent of the owner or owners thereof; or who shall purchase or receive any planks, boards, staves, shingles, or other lumber made from such timber, tree or trees, so as aforesaid cut or removed, knowing the same to have been so made." PEPPER AND LEWIS' DIGEST, PAGE 1263 (LAWS OF 1860, PAGE pass on timber. 342).—If any person shall cut down or fell any timber, tree or trees, knowing the same to be standing or growing upon the land of another person, without the consent of the owner; or if any person shall purchase or receive any timber, tree or trees, knowing the same to have been cut or removed from the lands of another without the consent of the owner thereof, or who shall purchase any planks, boards, staves, shingles, or other lumber made from such timber, tree or trees, so as aforesaid cut or removed, knowing the same to have been so made, the person so offending shall be guilty of a misdemeanor and, being thereof convicted, shall be sentenced to pay such fine, not exceeding one thousand dollars, or to such imprisonment, not exceeding one year, as the court, in their discretion, may think proper to impose. Penalty. Timber trespass. NOTE 1.-See also Laws of 1887, sec. 3, chap. IV A of this bulletin, page 186. NOTE 2.-Act of May 4, 1869, provides that, in case of cotenants of timberland, one tenant may not cut or remove timber without the consent of his co-tenants. It also grants the same remedies as though the offending tenant were a stranger. It also provides for an injunction in restraint. NOTE 3.-Act of June 2, 1891, provides that the court may appoint three men to appraise damages for trees cut in the erection or maintenance of telegraph or telephone wires. ACT OF APRIL 29, 1897.-Sec. 1. If any person or persons shall be detected by any constable or other peace officer, in the act of trespassing upon any forest or timberland within this Commonwealth, under such circumstances as to warrant the reasonable suspicion that such person or persons have committed, are committing, or are about to commit, some offence or offences against any of the laws now enacted or hereafter to be enacted for the protection of forests and timberland, such constable or other peace officer shall have authority at once, without first procuring a warrant therefor, to arrest on view such person or persons, with like effect as though such warrant had first been procured. RHODE ISLAND. GENERAL LAWS, CHAP. CCLXX.-Sec. 1. Every person who shall cut, destroy or carry away any tree, timber, wood or underwood whatsoever, lying or growing on the land of any other person, without leave of the owner thereof, shall, for every such trespass, pay the party injured twice the value of any tree so cut, destroyed Treble dam- or carried away; and for the wood or underwood thrice the value ages. thereof; to be recovered by action of trespass before any district court in the county authorized to hear and determine the same, if the damages do not exceed the sum of three hundred dollars, but if they be above that value, then before the Common Pleas Division of the Supreme Court in the same county, as the case may be. SOUTH DAKOTA. PENAL CODE.-Sec. 724. Every person who wilfully commits any Criminal trespass on timber. 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; is guilty of a misdemeanor. Sec. 725. 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 enclosure 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. TENNESSEE. CODE OF TENNESSEE.-Sec. 6496. It is declared to be a misde 7. To trespass on the lands of another, by cutting down or in any manner destroying valuable timber thereon, exceeding fifty cents in value, with a view to convert the same to his own use, unless the offender be traveling or moving along any road and by accident or otherwise require the same for his own immediate use. NOTE. Trespass, to be punishable under this section, must be wilful. Dotson v. State, 6 Coldwell 545. 8. To knowingly, wilfully and wantonly cut down and destroy valuable timber of another, whether the owner be personally present to forbid the same or not. LAWS OF 1897, CHAPTER 106 (AS AMENDED BY LAWS OF 1899, CHAP. 381).-Sec. 1. It shall be a felony for any one to knowingly, wilfully cut, or remove for the purpose of marketing the same, timber from the lands of another, without the consent of the owner of the timber so cut or removed. Same. Penalty. Criminal tres pass on timber. Felony. Sec. 2. Any one convicted of a violation of the provisions of this act shall be imprisoned in the penitentiary of the state for a period of not less than one nor more than three years. Penalty. TEXAS. PENAL CODE.-Article 825. If any person, without the consent Criminal trespass on timber. of the owner, shall knowingly cut down or destroy any tree or timber upon land not his own, or shall knowingly, and without such consent, carry away any such timber, he shall be fined not less than ten nor more than five hundred dollars. Art. 826. The word "timber" as used in the preceding article includes rails or other articles manufactured from timber; and the word "6 owner" includes the state and any corporation, public or private, owning lands within this state. NOTE.-Wood suitable for fuel does not come within the meaning of the word "timber." Wilson v. State, 17 App. 393. Art. 829. Nothing in the foregoing articles of this chapter contained shall render any person guilty of any offense who cuts and uses timber for the purpose of making or repairing any public road or bridge passing over or immediately adjacent to the land on which such trees or timber may be found, or who uses a reasonable amount of wood standing outside of an inclosure for the purpose of making fires while traveling upon the road. Art. 830. Nothing contained in the foregoing articles of this chapter shall exempt a person from the penalty affixed to the offense of theft, whenever timber is taken in such a manner as to come within the definition of that offense. Art. 831. If any person shall cut down or otherwise destroy or injure any pecan or walnut tree on land not his own, without authority in writing from the owner of such pecan or walnut tree, he shall be punished by fine of not less than twenty-five nor more than fifty dollars. UTAH. REVISED STATUTES.-Sec. 3508. Any person who cuts down, or carries off, any wood or underwood, tree or timber, or girdles or otherwise injures any tree or timber on the land of another per* * * 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. son, Sec. 3509. Nothing in the last section authorizes the recovery of more than the just value of the timber taken from uncultivated woodlands for the repair of a public highway or bridge upon the land, or adjoining it. Sec. 4430 (As revised by Laws of 1903, Chap. 101). Every person who wilfully and maliciously commits any trespass by either: 1. Cutting down, destroying or injuring any kind of wood or timber standing or growing upon the land of another; or 2. Carrying away any kind of wood or timber that has been cut down and is lying on such lands; or * 3. Maliciously injuring or severing from the freehold of another anything attached thereto or the product thereof; * is guilty of a misdemeanor. VERMONT. Timber trespass. VERMONT STATUTES.-Sec. 5020. If a person cuts down, destroys or carries away trees placed or growing for use, shade or ornament, or timber, wood or underwood standing, lying or growing on the land of another person, without leave from the owner of such lands; or cuts out, alters, or defaces the mark of any log, Treble dam or other valuable timber, in a river or other place, the party in- WASHINGTON. * WASHINGTON CODE.-Sec. 4876. Whenever any person shall cut down, girdle or otherwise injure or carry off, any tree, timber or shrub on the land of another person, * * * without lawful authority, in an action by such person against the person committing such trespass or any of them, if judgment be given for the plaintiff, it shall be given for treble the amount of damages claimed or assessed therefor as the case may be. Sec. 4877. If upon trial of such action it shall appear that the trespass was casual or involuntary, or that the defendant had probable cause to believe that the land on which such trespass was committed was his own, or that of the person in whose service or by whose direction the act was done or that such tree or timber was taken from uninclosed woodlands for the purpose of repairing any public highway or bridge upon the land or adjoining it, judgment shall only be given for single damages. Single damages. Timber tres pass. Treble dam ages. Innocent trespass on timber. Single damages. Criminal trespass on timber. Sec. 6223. If any person shall wilfully cut down, destroy or injure any standing or growing tree upon the lands of another, or shall wilfully dig, take, quarry, or remove from any such lands any mineral, earth, or stone, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one Penalty. month nor more than one year, or by fine not less than fifty nor more than one thousand dollars. WISCONSIN. WISCONSIN STATUTES.-Sec. 4449a. Any person who shall wil- Criminal trespass on timber. fully sever from the land of another any timber or trees standing or growing thereon, and take and convert the same to his own use, or who shall take and convert to his own use any timber, trees, logs, ties, posts, poles or bark, which shall have been wilfully severed from the land of another, without the consent of the owner of such land, knowing the same to have been so severed by persons in the employ of the party so converting such timber, trees, logs, ties, posts, poles, or bark to his own use, shall be guilty of larceny, and in any case not within the provisions of the next preceding section or section 4452, shall be punished as provided in section 4415 for the larceny of property of the same value. 66 66 NOTE.-The next preceding section" refers to stealing of logs, etc., from rivers, booms, etc. "Sec. 4452" refers to trespasses on trees in cities and villages. Penalty provided in Sec. 4415" is as follows: For property worth more than $100, imprisonment for not more than five nor less than one year; for property worth less than $100 but more than $20, imprisonment not more than one year nor less than six months, or fine not more than $200; for property worth less than $20, imprisonment not more than six months, or fine not more than $100. 13647-No. 57-05 M- -8 Penalty. |