aforesaid, of more than one-quarter of his said annual road tax.
Section 5. Any person who shall cut down, kill or injure any
living tree, planted or growing naturally as aforesaid, or who
negligently or carelessly suffers a horse or other domestic
animal, driven by or for him, to injure any of the trees
hereinbefore mentioned, upon conviction thereof shall be subject
to a penalty of not less than one dollar, nor more than five
dollars, with costs of suit, for each and every tree so cut
down, killed, removed or injured: Provided, That if the
defendant or defendants neglect or refuse to pay at once the
penalty so imposed and costs, or shall not enter sufficient bail
for the payment of the same within ten days, he or they shall be
committed to the common jail of the county in which the offense
was committed, for a period of not less than one day for each
dollar of penalty imposed and costs: Provided, however, That the
owner of the land upon which the trees are growing and upon
which said abatement has been granted, may remove such trees, on
condition that he will immediately plant and maintain another
tree, or trees, in the place or places of those removed by him
or refund to township said abatement, originally allowed for
said tree or trees.
Section 6. All moneys collected as a penalty in accordance
with section five of this act, shall be paid to the supervisors
of roads or boards of supervisors of roads, and form part of the
road fund of the township in which the offense was committed.
Section 7. It shall be the duty of the supervisor of roads
or the boards of supervisors of roads to keep a permanent
record, in a book especially prepared for that purpose, and
which book shall be the property of the township, of all trees
upon which the said abatement, as hereinbefore mentioned, has
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