Section 131. Whoever is discovered in the act of wilfully injuring a fruit or forest tree or of committing any kind of malicious mischief on Sunday may be arrested without a warrant by a sheriff, deputy sheriff, constable, police officer or other person, and detained in jail or otherwise until a complaint can be made against him for the offence, and he be taken upon a warrant issued upon such complaint; but such detention without warrant shall not continue beyond the following day.