(a) Any person who cuts down, deadens, girdles, boxes, destroys or takes away, if already cut down or fallen, any cypress, pecan, oak, pine, cedar, poplar, walnut, hickory or wild cherry tree, or sapling of that kind, on land not his own, wilfully and knowingly, without the consent of the owner of the land, must pay to the owner $20.00 for every such tree or sapling; and for every other tree or sapling, not hereinbefore described, so cut down, deadened, girdled, boxed, destroyed or taken away by any person, he must pay to such owner the sum of $10.00.
(b) When one person owns the land and another person owns the trees standing thereon, the owner of the trees is the owner of the land within the meaning of subsection (a) of this section.
(c) Actions under this section may be joined with actions for trespass, for cutting, injuring or removing timber.(Code 1867, §3202a; Code 1876, §3551; Code 1886, §3296; Code 1896, §§4137, 4138; Code 1907, §§6035, 6036; Code 1923, §§10371, 10372; Code 1940, T. 47, §§272, 273; Acts 1953, No. 753, p. 1015.)Section 35-14-2 Section 35-14-2Fruit or ornamental trees, etc.
Any person who cuts down, digs up, girdles, destroys or mutilates any fruit tree or ornamental tree, or shrub, bush or plant which is inclosed on premises not his own, wilfully and knowingly, without the consent of the owner, must pay to such owner $15.00 for every such tree, shrub or plant.(Code 1867, §3202b; Code 1876, §3552; Code 1886, §3297; Code 1896, §4139; Code 1907, §6037; Code 1923, §10373; Code 1940, T. 47, §274.)Section 35-14-3 Section 35-14-3Court in which action may be brought; limitations; further proceedings not barred.
Any action for the specific penalties given by this chapter may be brought in any court of competent jurisdiction and must be brought within one year from the time the injury was committed and not after; and neither action brought, nor penalty incurred under any of the provisions of this chapter, is a bar to any action for further damages or to any criminal proceeding for any offense included in the acts for which such penalties are herein imposed or connected therewith.(Code 1867, §3202d; Code 1876, §3554; Code 1886, §3299; Code 1896, §4140; Code 1907, §6038; Code 1923, §10374; Code 1940, T. 47, §275.)