1842 Ohio Acts 73, An Act to Incorporate the Woodland Cemetery Association of Dayton, § 5 (vol. 40)

SEC. 5. That any person who shall wilfully destroy, mutilate, deface, injure, or remove any tomb, monument, gravestone, or other structure placed in the cemetery aforesaid, or any fence, railing, or other work for the protection or ornament of any tomb, monument, gravestone, or other structure aforesaid, or of any burying lot within the limits of the cemetery aforesaid, or shall wilfully destroy, cut, break, injure or remove any tree, shrub, or plant, within the limits of the said cemetery, or shall shoot or discharge any gun within the limits aforesaid, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, before the mayor of the city of Dayton, or any justice of the peace within the township of Dayton, be punished by a fine not less than five dollars, nor more than fifty dollars, according to the nature and aggravation of the offence; and such offender shall also be liable, in an action of trespass to be brought against him, in any court of competent jurisdiction, by the said association, to pay all such damages as shall have been occasioned by his unlawful act or acts; which money, when recovered, shall be applied by the trustees of the said association to the reparation and restoration of the property destroyed or injured as aforesaid. And, in such action, any member of the said association shall be a competent witness.