566 



STATE BOARD OF AGRICULTURE. 



Rights of 

 property 

 owner to 

 plant trees. 



Proviso. 



M. A. C. 

 and Public 

 Domain 

 CommlsHlon 

 may grow 

 and dis- 

 tribute trees. 



Uijlawful to 

 cut, injure 

 or destroy 

 street trees. 



Section 3. The owner of any real estate in the State of 

 Michigan that borders upon a legal highway upon which 

 State reward has not been paid, shall have the right to plant 

 said approved ornamental, nut-bearing, or other food produc- 

 ing trees along the line of said highway adjoining said land, 

 and shall receive annually a credit of five cents upon his 

 highway repair tax for each tree so planted by him and 

 growing in good order, not less than six feet in height when 

 planted and not less than twenty and not more than forty 

 feet apart. All of said trees and their products shall belong 

 to the owner of said land : Provided, That no bounty shall 

 be paid or deduction allowed under the provisions of this 

 section upon any one tree or row of trees for a longer period 

 than five years. The owner of such trees shall have the care 

 thereof and shall have the duty and responsibility for the 

 trimming, spraying and cultivation thereof. 



Section 4. The Michigan Agricultural College and Public 

 Domain Commission are hereby authorized to grow and ac- 

 quire suitable seeds, scions or trees for planting under the 

 provisions of this act, and to establish proper rules and regu- 

 lations for distributing the same at nominal cost, or other- 

 wise, to counties, townships, cities, villages, and citizens of 

 the. State for the aforesaid purposes, and also for State parks 

 or other public places. 



Section 5. It shall be unlawful to cut, destroy, injure, de- 

 face or break any ornamental, nut-bearing, food-producing or 

 shade tree upon any public highway or place, except where 

 such trees shall interfere with the proper construction or 

 maintenance of such highways. It shall be unlawful to affix to 

 any such tree any picture, announcement, play-bill, notice or 

 advertisement, or to paint or mark such tree, except for the 

 purpose of protecting it, or to negligently permit any animal 

 to break down, injure or destroy any such tree within the 

 limits of any public highAvay. Any person violating any of 

 the provisions of tliis act shall be guilty of a misdemeanor 

 and on conviction thereof shall be punished by a fine of not 

 less than one dollar or more than twenty-five dollars, and 

 in default of payment of any such fine may be imprisoned in 

 the county jail for a period not exceeding thirty days. Such 

 person shall be liable to the owner of the trees for treble the 

 amount of damages sustained. 



We are advised that Section 5 protects owners of street 

 trees against the practice of telephone, telegraph and electric 

 power companies from heading or cuttiug back the tops of 

 trees and otherwise injuring or in any way defacing street or 

 higliway trees. The attitude of our court as to the civil lia- 

 bility of such companies when they do deface or injure street 

 or highway trees, is fully presented in the following cases: 



J>()lan(l V. AVashtenaw Home Co., lGl/315; 



liolander v. Telephone Co., 182 Mich. 648. 



