16 FOREST LAWS OF CALIFORNIA. 



UNLAWFUL CUTTING AND INJURY. 



Timber trespass a misdemeanor. 



PENAL CODE, SEC. 602. Every person who wilfully 

 commits trespass by either 



1. Cutting down, destroying, or injuring any kind of 

 wood or timber standing or growing upon the lands of 

 another; or, 



2. Carrying away any kind of wood or timber lying 

 on such lands 



is guilty of a misdemeanor. 



Civil liability for timber trespass. 



CIVIL CODE, SEC. 3346. For wrongful injuries to tim- 

 ber, trees or underwood upon the lands of another, or 

 removal thereof, the measure of damages is three times 

 such a sum as would compensate for the actual detri- 

 ment, except where the trespass was casual and invol- 

 untary, or committed under the belief that the land 

 belonging to the trespasser, or .where the wood was 

 taken by the authority of highway officers for the pur- 

 poses of a highway; in which cases the damages are a 

 sum equal to the actual detriment. 



CODE OF CIVIL PROCEDURE, SEC. 733. Any person who 

 cuts down or carries off any wood or underwood, tree 

 or timber, or girdles or otherwise injures any tree or 

 timber on land of another person, * ; * without 

 lawful authority, is liable to the owner of such land 

 * * * for treble the amount of damages which may 

 be assessed therefor, in a civil action, in any court 

 having jurisdiction. 



CODE OF CIVIL PROCEDURE, SEC. 734. Nothing in the 

 last section authorizes the recovery of more than the 

 just value of the timber taken from uncultivated wood- 

 land, for the repair of a public highway or being upon 

 the land or adjoining it. 



