§ 21-1768 — Malicious injury to freehold - Carrying away earth, soil

or stone. Every person who willfully commits any trespass by either: 1. Cutting down or destroying any kind of wood or timber, standing or growing upon the lands of another; or, driving or riding through, into, or across any cultivated hedge or tree row, or any grove of ornamental trees or orchard of fruit trees growing upon the land of another, or in any other manner injurying the same; or, 2. Carrying away any kind of wood or timber that has been cut down, and is lying on such lands; or, 3. Maliciously severing from the freehold any produce thereof, or anything attached thereto; or, 4. Digging, taking, or carrying away from any lot situated within the bounds of any incorporated city, without the license of the owner, or legal occupant thereof, any earth, soil or stone, being a part of the freehold, or severed therefrom at some previous time, under such circumstances as would render the trespass a larceny, if the thing so severed or carried away were personal property; or, 5. Digging, taking, or carrying away from any land in any incorporated city or town of this state, laid down on the map or plan of said city or town as a street or avenue, or otherwise established or recognized as a street or avenue, without the license of the mayor and common council or other governing body of such city or town, or owner of the fee thereof, any earth, soil or stone under such circumstances as would render the trespass a larceny, if the thing so severed or carried away were personal property; is guilty of a misdemeanor.

Legislative History

R.L.1910, § 2773.