Willful trespass on land between high-water and low-water marks, notwithstanding notice, and cutting wood thereon

(1) A person found in or upon, or entering in or upon, any land situate between high-water mark and low-water mark upon the bank of any river, creek or stream, or upon the seacoast in front of any plantation, estate or land, on or near to which is posted up a notice, in large legible letters, forbidding in general terms all persons to trespass and warning them that they will be prosecuted for so doing without leave of the owner of the plantation, estate or land, who there cuts down, cuts up or gathers any wood, timber or tree, or any part of any wood, timber or tree, whether growing or fallen, or digs up, removes or carries away any soil, caddy, sand or shells, shall be deemed a willful trespasser. Wilful trespass (2) Every such trespasser may be apprehended and detained by the owner or by any person whom the owner calls to his assistance, and shall be taken without delay before a magistrate or to a police station, to be dealt with according to law. (3) If the trespasser, at the time of his trespassing, has with him any boat, raft or float, or any axe, hatchet, cutlass, machete, saw or other tool or implement used for or capable of felling trees, or of cutting or splitting wood, or of digging, lifting up, removing or carrying away any soil, caddy, sand or shells, that also may be seized and detained by the owner or such other person and, on complaint made for the trespass, the magistrate may order the article to be publicly sold within ten days thereafter, and out of the proceeds of sale shall pay the amount of any damage suffered by the owner by virtue of the trespass, and shall deduct the amount of any fine inflicted upon the trespasser, unless the amount of the damage and fine is sooner paid. (4) If the trespasser has ready for removal any wood, timber, tree, soil, caddy, sand or shells, it shall be forfeited and delivered over, on the order of the magistrate, to the owner, to be by him disposed of as he thinks fit. 48