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Code · STATUTES-AT-LARGE · Vol. 12 STAT. · June 22, 1860 · Chapter CXC

Chapter CXC. *in Relation to malicious Injuries to, and Trespasses upon, public and private Property, within the District of Columbia.* June 22, 1860. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That, every person who shall Wilful, &c., injury

577 words·~3 min read·/statutes-at-large/vol-12/chapter-cxc-391224·

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Chap. CXC.— An Act *in Relation to malicious Injuries to, and Trespasses upon, public and private Property, within the District of Columbia.* June 22, 1860. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That, every person who shall Wilful, &c., injury to trees, fences, works of art, &c., how punished.wilfully and maliciously, or wantonly, and without cause, in the District of Columbia, cut down or destroy, or by girdling, lopping, or otherwise injure any fruit or other tree, not his own, standing or growing for shade, ornament, or other useful purpose, or shall maliciously destroy, mutilate, or otherwise injure any statuary, monument, or other work of art, stand-THIRTY-SIXTH CONGRESS.
Sess. I. Ch. 190, 200. 1860. 89ing or being on land not his own, or shall maliciously break down or injure any fence enclosing or belonging to another’s hind, or shall maliciously sever from the freehold of another any product thereof, or anything attached thereto, shall be punished by imprisonment in jail not more than three months, or by a fine not exceeding one hundred dollars. Sec. 2. *And be it further enacted,* That every person who, in said Wilful trespass by destroying trees, &c., how punished.District, without color of right, shall wilfully commit any trespass by cut ting down or destroying any timber or wood standing on the land of another, or by carrying away any kind of timber or wood cut down or lying on such land, or by digging up or carrying away any stone, ore, gravel, clay, sand, turf, or mold from such land, or any roots, fruit, or plant there being, or by cutting down or carrying away any grass, hay, grain, or com standing, or being on such land, shall be punished by imprisonment in jail not more than sixty days, or by a fine not exceeding sixty dollars.
Sec. 3. *And be it further enacted,* That every person who, in said District, Wilful trespass by entering gardens, orchards, &c., how punished.without color of right, shall wilfully commit any trespass by entering upon the garden, orchard, or other improved land of another, with intent to cut, take, carry away, destroy, or injure the trees, grain, grass, hay, fruit, or vegetables there growing or being, shall be punished by imprisonment in jail not more than forty days, or by a fine not exceeding fifty dollars.
Sec. 4. *And be it further enacted,* That justices of the peace shall Jurisdiction of the offences to be in justices of the peace.have exclusive original jurisdiction in all cases mentioned in the preceding sections, saving, however, to any party convicted before such justice, the right to a trial by jury on his appeal to the criminal court. Sec. 5. *And be it further enacted,* That every person convicted before Proceedings on appeal from justice of the peace.a justice of the peace of any offence named in this act, and appealing therefrom, shall be committed to abide the sentence of the criminal court, until he shall recognize, with sureties, in such reasonable sum as the justice shall require, with condition to appear at said court, there to prosecute his appeal and to abide sentence thereon.
On such appeal being taken and bond filed, the justice shall make a copy of the conviction and other proceedings in the case and transmit the same, together with the recognizance, to the clerk of the criminal court. Approved, June 22, 1860.
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