Damages for unlawfully killing etc., any animal trespassing

Every person who unlawfully and wilfully kills, wounds or maims any animal whatever trespassing in his house or on his lands, shall on being convicted thereof, unless in the opinion of the magistrate trying the case the killing, wounding or maiming was excusable in the special circumstances or ought not to be punished, pay by way of damages to the party injured, over and above the value of the animal if killed and all costs and expenses, a sum of money not 8 exceeding two hundred dollars, and such damages and value shall be recoverable in like manner as a penalty is recoverable under this Act.