Leslie

The county of Riverside instituted this action to recover the sum of $40,000 from the defendant under the provisions of section 2742 of the Political Code, alleging that the defendant had maliciously destroyed 400 young trees growing upon the highway known as Beaumont Avenue, the code section providing for a forfeiture of $100 for each tree destroyed. The complaint sets forth that the said highway is 100 feet wide and properly describes its location. It is also alleged that there is a duly organized and existing county board of forestry in Riverside County. The defendant appeared by answer and cross-complaint.

It appears that on September 12, 1888, there was presented to the board of supervisors of the county of San Bernardino a petition from certain freeholders of the county praying that a highway be laid out for a width of 100 feet running through the land of the defendant and cross-complainant; that pursuant to the petition the supervisors took certain steps toward the acquisition of the right of way. The legality of the procedure is attacked by the defendant in his cross-complaint as well as all other actions by the county which seek to establish an actual or implied…