APPENDIX. ' 321 



destroys any tree, shrub or vine, or steals, takes and carries away any 

 fruit or flower, without the consent of the owner thereof, shall lie punished 

 by fine not exceeding one hundred dollars, or by imprisonment in the 

 house of correction not exceeding three months. 



Sect. 84. Whoever wilfully commits a trespass, by entering upon the 

 garden, orchard, or other improved land, of another, without permission 

 of the owner, and with intent to cut, take, carry away, destroy or injure 

 the trees, grain, grass, hay, fruit or vegetables, there growing or being, 

 shall be punished by imprisonment in the jail not exceeding thirty days, or 

 by fine not exceeding twenty dollars ; and if any of the offences men- 

 tioned in this or section eighty-one are committed on the Lord's day, or 

 in disguise, or secretly in the night time, the imprisonment shall not be 

 less than five days, nor the fine, less than five dollars. 



Sect. 85. Whoever wilfully and maliciously destroys or injures the 

 personal property of another in any manner or by any means not par- 

 ticularly described or mentioned in this chapter, shall be punished by 

 imprisonment in the state prison not exceeding five years, or by fine not 

 exceeding one thousand dollars and imprisonment in the jail not exceed- 

 ing one year : provided, that when the value of the property so destroyed 

 or injured is not alleged to exceed the sum of fifteen dollars, the punish- 

 ment shall be by fine not exceeding fifteen dollars, or imprisonment in 

 the jail not exceeding thirty days. 



Sect. 86. Whoever is discovered in the act of wilfully injuring any 

 fruit or forest trees, or committing any kind of malicious mischief on the 

 Lord's day, may be arrested by any sheriff, deputy-sheriff, constable, 

 watchman, police officer, or other person, and lawfully detained by 

 imprisonment in the jail or otherwise, until a complaint can be made 

 against him for the offence for which he was arrested, and he be taken 

 upon a warrant issued upon such complaint ; but such detention without 

 warrant shall not continue more than twenty-four hours. 



Sect. 87. Whoever wilfully commits any trespass by killing pigeons 

 on, or frightening them from, beds made for the purpose of taking them 

 in nets, by firing guns, or in any other manner, within one hundred rods 

 of the same, except on lands lawfully occupied by himself, shall be 

 punished by imprisonment in the jail not exceeding thirty days, or by 

 fine not exceeding twenty dollars ; and shall also be liable for the actual 

 damages to the owner or occupant of such beds. 



ABSTRACT OF CHAPTER 49, 



RELATING TO THE SALE OF VARIOUS FARM PRODUCE. 



Section 61. Fruits, nuts and vegetables to be measured by dry 

 measure. 



Section 62. Chestnuts, walnuts, cranberries and all other berries by 

 the strike measure. 



Section 63. All grain and meal, excepting oatmeal, by the bushel. 

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