If any commissioner, supervisor, roadmaster, or person in their employ, or any other person, shall cut down, kill, or injure any living tree, growing as aforesaid, and of a size four inches in diameter, or greater, at a point two feet from the surface of the ground, or shall violate any other provision of this act, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a penalty of not more than five dollars for every tree so cut, injured, or destroyed, with costs of suit; to be recovered in an appropriate action to be brought before any magistrate, alderman, or justice of the peace¹ of the county wherein the said offence was committed, who, upon affidavit of any person, duly presented, is hereby authorized and directed to issue his warrant to any person empowered to make arrests, directing him to arrest the person so charged. The said magistrate, alderman, or justice of the peace shall, thereupon, proceed to hear both the complainant and the defendant and their witnesses, and shall forthwith decide as to him shall appear to be just and right. If any defendant upon conviction for any offence shall fail or refuse to pay the fine and costs which may be imposed upon him, or shall not give bond with approved surety to pay the same within ten days, he shall be committed to the jail of the county wherein the offense was committed, there to remain for a period not to exceed thirty days, or until he shall, in the meantime, have paid the said fine and costs in full.