590 
STATE HOKTICULTUEAL SOCIETY. 
ed from said lands, or shall dig or carry away any mineral earth or stone in 
or upon any of said lands, shall be held guilty of a misdemeanor, and upon 
conviction of any of said offenses, shall be punished by imprisonment in the 
county jail of the proper county, not more than one year nor less than three 
months, or by fine, not exceeding five hundred dollars. 
Section 64. Any justice of the peace shall have concurrent jusisdiction 
in his own county with the circuit court, of any offense mentioned in the 
preceding section, where the value of the trees, wood, timber, mineral, earth, 
or stone shall be alleged not to exceed the sum of one hundred dollars, and 
in such case the punishment shall be by fine, not exceeding one hundred dol¬ 
lars nor less than ten dollars. 
Section 65. It is hereby made the special duty of the superintendent of 
schools in each town, who may have knowledge of or who may receive infor¬ 
mation of any offense mentioned in the next preceding sections of this chap¬ 
ter, to forthwith inform the district attorney of the county in which he shall 
reside, of the trespass committed, of the name of the trespasser or trespas¬ 
sers, and of the name of the witness or witnesses in the case ; and the dis¬ 
trict attorney shall immediately proceed to bring such trespasser or trespas¬ 
sers before the proper tribunal for trial, and he shall prosecute them in the 
name of the state. 
Section 66. Any person who shall wilfully and without authority cut 
down or destroy, or shall injure by girdling or otherwise, any growing or 
standing timber or tree upon the private property of any individual, or upon 
any property held in trust, or shall cut any timber or wood upon any such 
property, or take, or carry, or haul away therefrom any timber or wood pre¬ 
viously cut or severed from such freehold or land, or who shall willfully and 
without authority dig or carry away any mineral earth or stone from any 
such freehold or land, shall be deemed guilty of a misdemeanor. 
Section 6Y. Any person who shall be convicted of having committed any 
such offense in the day time, shall be punished by imprisonment in the com¬ 
mon jail of the county, not less than ten days nor more than one year, or by 
fine, not less than ten dollars nor more than five hundred dollars, together 
with the costs of suit; any person who shall be convicted of having committed 
any such offense in the night time, shall be punished by imprisonment in the 
county jail, not less than twenty days nor more than two years, or by fine, 
not less than twenty dollars nor more than one thousand dollars, together 
with costs of suit; any person who shall be convicted of having committed, 
in the day time, a second offense, shall be punished by imprisonment in the 
county jail, not less than twenty days nor more than two years, or by fine, 
not less than twenty dollars nor more than one thousand dollars, together 
with costs of suit; and if the first conviction be for any such offense com¬ 
mitted in the day time, and such second conviction shall be for an offense 
committed in the night time, or if the first conviction be for an offense com¬ 
mitted in the night time, and the second conviction be for an offense com¬ 
mitted in the day time, such person, upon such second conviction, shall be 
punished by imprisonment in the county jail, not less than thirty days nor 
