134 REPORT OF THE SECRETARY OF THE 



Session Laios 1867, page 183, 



AN ACT relating to the planting of trees or shrubs in the 

 highway, being a bill to amend section (1111) eleven hun- 

 dred and eleven, being section two of chapter twenty-five of 

 the compiled laws, and to add two new sections thereto. 



Section 1. The People of the State of Michigan enact. That 

 section two of chapter twenty-five of compiled laws be 

 amended so as to read as follows : 



(1111). Sec. 2. Any person or persons owning or occupying 

 land adjoining any highway not less than eleven rods wide, 

 may plant or set out trees or shrubs on each side of said high- 

 way contiguous to his land, which trees or shrubs shall be set 

 in regular rows at a distance not less than six feet from each 

 other, and within eight feet of the margin of the highway: 

 Provided, That in incorporated villages or cities the common 

 council of such cities or villages may fix and determine the 

 distance that such tree shall be set from the margin of the 

 highways therein, and any such person owning or occupying 

 land contiguous to any highway, and who is assessed any high- 

 way or poll-tax, may cause to be paid of such tax a sum not 

 exceeding twenty-five per cent for any year, by planting trees 

 or shrubs in the margin of the highway, in a space not exceed- 

 ing eight feet in width from the margin of the highway, which 

 sum, when so paid, shall be credited upon his highway or poll- 

 tax for that year ; and any overseer of the highway may cause 

 a portion, not exceeding ten per cent of the highway tax in 

 his road district, to be expended in setting out trees or shrubs, 

 in a space not exceeding eight feet in width from the margin 

 of the highway. 



Sec. 2. Any person who shall (except as hereinafter pro- 

 vided) willfully injure, deface, tear or destroy any tree or 

 shrub thus planted along the margin of the highway, or pur- 

 posely left there for shade or ornament, shall forfeit a sum not 

 less than five nor more than one hundred dollars for each 

 ofience, which sum may be recovered in any court of compe- 

 ent jurisdiction : Provided, That whenever it shall appear to 



