4. (1) Whosoever, during the day, upon the land or beach belonging to any other person or corporation, leaves any gate open, takes down, cuts, breaks, removes or damages any fence, cuts or destroys any hedge, cuts, shatters, breaks down, removes or damages any tree, shrub or plant, removes any canoe, craft, ferry or boat from the bank of any river or other place, or burns or removes from such property any wood, shall incur a penalty of not less than one nor more than $6, if such offence be committed during the night, the penalty shall be doubled; and, in either case, the offender may be also condemned to pay damages.
(2) Any person who has pulled down or removed any part of a fence, or who is found upon any land, beach land, shoal, highway or road having in his possession any part of the materials of any fence, may be arrested without warrant, either by the owner or one of his servants, or by any person cognizant of the offence, and brought before any justice of the peace, who may imprison him, with a view to further examination, for any term of not more that twenty-four hours, or admit him to bail if he can furnish it to his satisfaction.
(3) The person so arrested may, however, arrange with the owner or complainant, and may be discharged upon payment of all costs, damages and penalties theretofore incurred.