MICHIGAN STATE POMOLOQICAL SOCIETY. 135 



the board of commissioners of highways in any town in this 

 State, that any shade or ornamental trees or shrubs, are an 

 obstruction or an injury to any highw^ay, said trees or shrubs 

 may be cut down and removed by order of the aforesaid board 

 of commissioners of highways. 



Sec. 3. Any person who shall negligently or carelessly snfifer 

 any horse or other beast driven by or for him, or any beast 

 belonging to him, and lawfully in highway, to break down, 

 destroy, or injure any tree or shrub not his own, standing for 

 use or ornament in any highway, or negligently or willfully, by 

 any other means, shall break down, destroy or injure any such 

 tree or shrub, shall be subject to an action for damages in a 

 sum not less than one, nor more than twenty-five dollars, for 

 each offence, to be recovered at the suit of the owner or tenant 

 of the land in front of which such tree or shrub stands, or of 

 the overseer of the highway in whose road district such tree 

 or shrub may be situated. 



Sec. 4. This act shall take immediate effect. 



Approved March 27, 1867. 



Section 1069 Compiled Laws. — No public or private road 

 shall be laid out through any orchard or garden without the 

 consent of the owner thereof, if such have been set out four 

 years or more, or if such garden have been cultivated as such 

 four years or more. 



Section 5796 Compiled Laws. — Every person who shall 

 willfully commit any trespass by entering upon the garden, 

 orchard, or other improved lands of another, without permis- 

 sion of the owner thereof, and with intent to cut, take, carry 

 away, destroy or injure the trees, grain, grass, hay, fruit or 



