568 



STATE BOARD OF AGRICULTURE. 



Planting and 

 preservation 

 of trees. 



deemed guilty of a misdemeanor, and upon conviction thereof 

 shall forfeit and pay a sum not less than five dollars nor 

 more than ten dollars, together with the costs of prosecu- 

 tion, and in default in the payment thereof shall be im- 

 prisoned in the count}' jail of the county in which such con- 

 viction may be had not exceeding ten days, or both such fine 

 and imprisonment in the discretion of the court. 



§ 4467. Section 1. Shade trees shall be planted along both 

 sides of the public highways, at the uniform distance, as near 

 as may be, of sixty feet apart, and not less than twenty-three 

 nor more than twentj'-five feet from the center line of the high- 

 way, but the township board of any township may direct as 

 to the distance which trees may be set from each other or 

 from the outer line of the highway. All trees now growing 

 upon the sides of any highway, and all trees that may be 

 hereafter planted thereon standing more than sixty feet 

 apart, shall be preserved, and shall not be injured or re- 

 moved, unless by direction of the commissioner of highways, 

 and with the consent of the owner of the adjoining land, un- 

 less such trees shall interfere with or obstruct the travel on 

 the highway: Provided, That the provisions of this chapter 

 in whole or in part shall not be deemed mandatory to town- 

 ships in which the electors may by vote at a township meet- 



Proviso. 



Commleeioner 

 to cause 

 trees to be 

 set out. 



Proviso, cost. 



mg, thus determine. 



The policy of our laws favors the planting and preserva- 

 tion of shade trees in the public streets where they do not 

 constitute actual obstruction. — Clarke v. Dasso, 34/86; Peo- 

 ples Ice Co. V. The "Excelsior," 44/229. 



Kemoval of Trees : A street railway, authorized by the 

 proper township authorities to lay tracks, erect trolley poles 

 and string wires, is by implication authorized to remove ob- 

 structions, including shade trees, without compensation to 

 the owner when such removal is necessary for the construc- 

 tion of the railway as located by the township authorities. — 

 Miller v. Kailway Co., 125/171. The law, however, does not 

 give the right to remove shade trees without notice to the 

 owner, and an opportunity given him to remove them. — Id. 

 See DeBoer v. Adams, 159/560. 



§ 4468. Sec. 2. In townships where trees are not planted 

 and growing along the highways as required by section one 

 of this chapter tlic highway commissioner may cause to be 

 set out each year as many trees as he may deem advisable 

 in his township where the adjoining lands are cleared, but 

 shall not expend to exceed ten per centum of the road repair 

 tax in any one year for such purpose. The commissioner 

 shall particularly attend to the planting of such trees, and 

 shall allow no unsuitable tree nor any tree lacking sijfficient 

 roots or vitality to be planted, and he shall have the charge 

 and care of the same: Provided, however, That the cost 

 shall not exceed twenty-five cents for each tree so set out. 



