LAWS RELATING TO AGRICULTURE. 269 



sum not more than one hvtndred and fifty dollars, or imprisoned not 

 more than thirty days, or both. 



This section applies to injuring trees in the line of a highway by a person, 

 constructing a line of telegraph under United States laws who injures them against 

 the owner's protest: Daily v. State, 51 O. S., 348. 



SEC. 688oa. [Trespassing, cutting timber, etc.; how punished.] 



Whoever shall saw, bore, or cut down any timber, tree, or trees of what- 

 ever size, or any poles commonly called hoop-poles, standing or grow- 

 ing upon the lands of another, or lands of the state of Ohio, or shall 

 unlawfully take, carry, or haul away from the lands of another person, 

 or lands of the state of Ohio, any timber, saw-logs, rails, rail-cuts, tan- 

 bark, hoop-poles, railroad ties, hoops, staves, stave-bolts, or blocks, 

 butts, or any timber of any value whatever, or shall unlawfully dig i p, 

 pluck off, or carry away from the lands of another person, any culti- 

 vated root or roots, plant or plants, fruit, or any other vegetable pro- 

 duction or productions, with intent in each or any of the above recited 

 cases to injure the owner of said lands in his property, pr to defraud 

 him or them, if the value of the property so severed or taken is of the 

 value of thirty-five dollars or more, shall be guilty of a felony, and be 

 imprisoned in the penitentiary not more than three years not less thin 

 one year, and shall pay the costs of prosecution. And, if any person 

 shall be convicted of either or any of the offenses mentioned in this sec- 

 tion, and the value of the property severed, or in any manner taken 

 from the lands in violation of this section, shall be less than thirty-five 

 dollars, he shall be guilty of a misdemeanor, and be fined in any sum 

 not less than twice the value of the property severed, or carried away 

 from lands as aforesaid, or imprisoned in the jail of the county not ex- 

 ceeding thirty days, or both, at the discretion of the court, and pay costs 

 of prosecution. 



SEC. 68806. [Penalty for buying timber cut unlawfully.] Who- 

 ever shall buy any of the property mentioned in section sii' thousand 

 eight hundred and eighty (a), or any lumber, timber, bark, rails, hoops, 

 or hoop-poles, railroad ties, made or taken, knowing that the same had 

 been severed or taken from the lands of another, or from the lands of 

 the state in violation of section SLY thousand eight hundred and eighty (a), 

 with intent to defraud the owner of such property, shall be fined not less 

 than twice the value of the property bought or received as aforesaid, or 

 imprisoned in the jail of the county not exceeding thirty days, or both, 

 at the discretion of the court, and shall pay the costs of prosecution. 



SEC. 688od. [How judgment collected and paid over.] The 

 court trying any cause arising under the last four preceding sections, 

 shall instruct the jury to find the value of the property severed or taken 

 from the land, bought, received or sawed or manufactured, as the case 

 may be, in violation of any of the provisions of said sections, and shall 

 render judgment against the party convicted for the amount of fine as- 

 sessed and costs of prosecution, and the sheriff, or other officer collect- 

 ing said judgment, shall, after paying all costs of prosecution, pay over 

 to the owner of said property severed or taken as aforesaid, twice the 

 value thereof, as returned by the jury. 



SEC. 6880^ [Trespassing upon lands of another; penalty.] 

 Whoever, being about to enter unlawfully upon the inclosed or unin- 

 closed lands or premises of another, and shall be forbidden so to do by 

 the owner or occupant, or his agent or servant, or who, being unlawfully 



