Section 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.