PROPOSED LEGISLATION. 85 



receive in account for any assessed highway, poll or other tax, 

 within the corporate where the such highway is situate, annually, 

 at the rate of ten dollars for each mile of road so protected on 

 either side, for the period of twenty years ; provided, said row or 

 rows of trees are kept entire and alive, and in a growing condition. 



Sect. 3. Any person who shall wilfully injure, deface, tear, or 

 destroy any tree, thus planted along the margin of the highway, 

 or purposely left there for shade or ornament, shall forfeit a sum 

 not less than five nor more than fifty dollars for each offence, 

 which sum may be recovered in any court of competent jurisdiction, 

 at the suit and to the use of any citizen within the town where 

 such offence is committed ; provided, that whenever it shall appear 

 to the selectmen of any town in this State, that any shade or 

 ornamental trees therein are an obstruction or an injury to any 

 highway, the said trees may be cut down or removed by their 

 order. 



Sect. 4. Any person who shall negligently or carelessly suffer 

 any horse or other beast driven by or for him, or any beast belong- 

 ing to him, and lawfully or unlawfully in the highway, to break 

 down, destroy or injure any tree or shrub not his own, standing 

 for use or ornament in any highway, or negligently or wilfully, by 

 any other means, shall break down, destroy or injure any such 

 tree or shrub, shall be subject to an action for damages in a sum 

 not less than one nor more than twenty dollars for each offence, to 

 be recovered at the suit and to the use of the owner or tenant of 

 the land in front of which such tree or shrub stands, or at the suit 

 of the surveyor of the highway in whose road-district such tree or 

 shrub may be situated ; in which case one-half the sum recovered 

 shall accrue to such surveyor, the remainder to be paid by him to 

 the town treasurer, to the use of the town. All penalties recov- 

 erable under the provisions of this act shall be by action of debt, 

 before any trial justice, municipal or police court, or other court 

 of competent jurisdiction. 



The action of the Legislature on the foregoing memorial and 

 draft of an act, (it being late in the session when presented, ) was 

 confined to its being ordered to be printed for the use of the two 

 branches, and referred to the next Legislature. It is confidently 

 hoped that it will then receive the attention which its importance 

 demands. 



