1855 Ill. Laws 465

§ 15. Any person who shall willfully destroy, injure or remove any tomb or monument or any grave stone placed in said cemetery, or shall willfully remove, destroy, cut, break or injure any fence around or any railing, fence, tree, shrub or plant within the limits of said cemetery, or shall shoot off or discharge any gun or other firearms within the said limits shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof before any justice of the peace in the county of Peoria, be fined not less than five dollars nor more than one hundred dollars, according to the nature and aggravation of the offense; and the court before whom the conviction is had may, in its discretion, make an order, as part of its judgment, that the defendant shall be committed to and confined in the common jail of the county till the fine and costs shall be paid; and such offender shall also be liable to an action of trespass, to be brought before any justice of the peace or court of competent jurisdiction, in the name of said corporation, to recover all damages sustained by his or her unlawful act or acts; and the amount of the fine or the damages, when recovered and collected, shall be paid over to the corporation or its proper officer, to be used to repair or restore the property destroyed or injured or for such other purpose as the corporation or its board of directors shall determine; and in such suits and prosecution members of the corporation shall be competent witnesses.