114 INJURY TO TREES AS A CRIME 



While in a few states the general provisions of such 

 statutes have remained practically unchanged from the 

 earliest days of statehood, in the great majority of the states 

 there have been many changes. There is a striking similar- 

 ity in the provisions regarding the cutting of trees as mali- 

 cious mischief, but a great diversity in the definition of 

 the offense and in the character of the penalty prescribed 

 for the misdemeanor or felony of cutting timber for profit 

 from land owned by another. In a large number of states 

 the general statute making it unlawful for one to cut tim- 

 ber upon the land of another wichout permission is appli- 

 cable also to lands of the state or of the United States, but 

 in many states there are special statutes regarding timber 

 trespasss on public lands. In a few states the laws of this 

 character are of peculiar form. x The application of crimi- 



(Footnote 1 concluded from preceding page) 

 N. M. Compiled Laws, 1897, Sec. 1137 (wilfully, maliciously and wantonly.) 



Annotated Stat. 1915, Sec. 1575. (Same). 

 N. Y. Consolidated Laws, Birdseye, Gumming & Gilbert, 1909, Sec. 1425 of 



Penal Law, par. 1, 2 and 6, p. 3994 (wilfully). 



N. C. Revised Laws, Pell, 1908, Sees. 3511, 3687, 3Y41 (knowingly and wilfully). 

 N. D. Compiled Laws, 1913, Sec. 10064 (maliciously); 10068 (fruit trees) . 

 Ohio Annotated General Code, Page & Adams, 1912, Sees. 12455-12457 (wilful 



trespass): 12490 (malicious injury); 12498 (public land.) 



Okla. Compiled Laws, 1909, Sec. 2704 (wilfully); 2705 (maliciously); 2709 (fruit). 

 Ore. General Laws, Lord, 1910, Sec. 1979 (maliciously); 1984 (wilfully). 

 Pa. Digest of Laws, Purdon, 13th Ed. 1910, p. 4754, Sec. 1 (knowingly). 

 R. I. General Laws, 1909, Chao. 345, Sec. 23, p. 1263 (without consent of owner). 

 S. C. Code of 1912, Sec. 223 of Criminal Code (wilfully, unlawfully and maliciously.) 

 S. D. Revised Code, 1903, Sec. 724 of Penal Code (wilfully) ; Sec. 725 (malicious- 

 ly) ; 539 (public lands). 

 Tenn. Code, Shannon, 1896, Sec. 6496, par. 8; See par. 6 (knowingly, wilfully and 



wantonly); Sec. 6524 (ornamental trees). Ch. 106, Laws of 1897, amended Ch. 



381, 1899, makes wilful trespass a felony. 



Te\. Penal Code, White, Rev. Ed. 1911, Art. 825, 826, 829 (knowingly). 

 Utah Compiled Laws, 1910, Sees. 1142; 4430 (wilfully and maliciously); 4446; 



4476, and 4477. 

 Vt. Public Statutes, Lord & Darling, Rev. 1906; 5686-87; 5697-99; 5708 (shade. 



ornamental and fruit). 



Va. Annot. Code, Pollard, 1904, Sec. 3857 (Shade tree.) 

 Wash. Codes and Statutes, Remington & Ballinger, 1910, Sec. 2659. Crim. Code 



(wilfully). 



W. Va. Code of 1913, Hogg, Sec. 3513 (Fish and Game Law). 

 Wis. Statutes, 1915, Sec. 4415 b. (larceny, standing trees); 4442; 4447; 4449 



(public land). 

 Wyo. Compiled Statutes, Mullen, 1910, Sec. 5857 (malicious injury to property, 



including trees) ; 5866 (shade and fruit trees). 

 Cf. Federal Law: Act June 25, 1910 (36 Stat. 855, 857) Sec. 6; Act Mar. 4, 1909. 



(35 Stat. 1098) Sees. 49 and 51. See pages 124 and 125 of this work. 

 Ark. Digest of Statutes, Ark. 1904, Kirby, sec. 1988-1989, making the cutting of 

 timber from unsurveyed land an offense against the state. (An un- 

 official survey may protect from the penalty of this statute. Sawyer 

 Etc. Lbr. Co. v. State, 75 Ark. 309. 87 S. W. 431. 



<ja. Criminal Code, Ga., 1911, sec. 226, declaring it a misdemeanor for anyone 

 (Footnote 1 continued on next page) 



