Any person who shall cut down, kill or injure any living tree, planted or growing naturally as aforesaid, or who negligently or carelessly suffers a horse or other domestic animal, driven by or for him, to injure any of the trees hereinbefore mentioned, upon conviction thereof shall be subject to a penalty of not less than one dollar, nor more than five dollars, with costs of suit, for each and every tree so cut down, killed, removed or injured: Provided, That if the defendant or defendants neglect or refuse to pay at once the penalty so imposed and costs, or shall not enter sufficient bail for the payment of the same within ten days, he or they shall be committed to the common jail of the county in which the offense was committed, for a period of not less than one day for each dollar of penalty imposed and costs: Provided, however, That the owner of the land upon which the trees are growing and upon which said abatement has been granted, may remove such trees, on condition that he will immediately plant and maintain another tree, or trees, in the place or places of those removed by him or refund to [the] township said abatement, originally allowed for said tree or trees.