STATE HORTICULTURAL SOCIETY. 453 



THE Li^W OF MI:J^NES0TA ON FEUIT STEALING. 



Chapter 35, General Laws 1867. 



AN ACT FOR THE PROTECTION OF FRUIT AND ORNAMENTAL 

 TREES, SHRUBS, VINES, AND VEGETABLE PRODUCTIONS. 



Be it enacted by the Legislature of the State of Minnesota : 



Section 1. That if any person or persons in this State shall 

 hereafter enter the enclosure of any person, without the leave or 

 license of such owner, and pick, destroy, or carry away the fruit, 

 or any portion thereof, of any apple, pear, peach, plum, grape, 

 or other fruit tree, bush, or vine, or any vegetable products, 

 such person shall be deemed guilty of a misdemeanor, and upon 

 conviction thereof may be fined any sum not less than ten nor 

 more than fifty dollars, and imprisoned in the county jail for 

 any period not exceeding thirty days. 



Sec. 2. That if any person or persons in this State shall will- 

 fully and maliciously, and without lawful authority, cut down, 

 root up, sever, injure, peel, destroy or carry away, any fruit or 

 ornamental tree, or shrub, cultivated root, plant, or vine, of 

 whatever kind, or any fruit or other vegetable production, 

 standing, or growing on, or being attached to the land of an- 

 other, or shall willfully, and without lawful authority, cut down, 

 root up, destroy or injure, in any manner, or carry away any 

 fruit or ornamental tree, plant, shrub, or vine, upon any street, 

 lane, alley, public highway, or public grounds, in any city, town, 

 or village in this State, such person or persons so offending shall 

 be deemed guilty of a misdemeanor, and upon conviction thereof, 

 shall be punishedjby a fine of not more than five hundred dollars, 

 or by imprisonment in the county jail not exceeding three 

 months, or both fine and imprisonment, at the discretion of the 

 court having jurisdiction of the case, and shall, moreover, be 

 liable in double the amount of damages to the party injured. 



Sec. 3. The penalties incurred by violation of this act may 

 be enforced by indictment in any court having jurisdiction of 

 misdemeanors in the county where the offense is committed, or 

 the fine may be recovered in an action for debt before any justice 

 of the peace of such county. 



Sec. 4. This act shall take effect and be in force from and 

 after its passage. 



Approved March 9, 1867. 



