§ 323. Injuring fruit or shade trees. It shall be unlawful for any
person or persons whatsoever in this state to hitch any horse or other
animal to or leave the same standing near enough to injure any fruit or
forest tree growing within the bounds of the public highway, or used as
a shade or ornamental tree around any school house, church or public
building, or to cut down or mutilate in any way any such ornamental or
shade tree; but the right of property owners along the highway to
cultivate, train and use such shade trees shall not be impaired or
abridged hereby. Any person or persons guilty of violating the
provisions of this section shall be deemed guilty of misdemeanor, and
shall be punishable by a fine of not less than five dollars, nor more
than twenty-five dollars for each such offense, and in case of failure
to pay any fine imposed, may be committed to jail, not exceeding one day
for each dollar of such fine. Courts of special sessions having
jurisdiction to try misdemeanors, as provided by section fifty-six of
the code of criminal procedure, shall have exclusive jurisdiction to try
offenders in all cases occurring in the same manner as in other cases,
where they now have jurisdiction, and subject to the same power of
removal, and to render and enforce judgments, to the extent herein
provided. All fines collected under the provisions of this act shall be
paid when the offense is committed in a town outside of incorporated
villages, to the supervisor of the town, to be used as the town board
and town superintendent may direct. When the offense is committed in any
village of the county, which by law is constituted a separate road
district, the fine shall be paid to the treasurer of said village, to be
used as the board of trustees may direct.