(Vol. 2, p. 318.) Sect. 126. Any person or persons who shall misrepresent,
deceive or defraud any person or persons in the sale of any fruit, shade
or ornamental tree or trees, or any vine, shrub, plant, bulb, or root,
by substituting inferior or different varieties, or who shall falsely
represent the name, age or class of any fruit, shade or ornamental tree
or trees, or any vine, shrub, plant, bulb, or root, shall be guilty of a
misdemeanor, and on conviction shall be fined not less than $10 nor more
than $200, or by imprisonment in the county jail not less than thirty
days nor more than six months, or by both such fine and imprisonment,
and shall be liable to the party or parties injured thereby in treble
the amount of all damages sustained, to be recovered in any court having
jurisdiction thereof.