LEGISLATION 259 



be appointed, then, from that time this act and all its provisions 

 shall be in force and apply to such municipality, and such com 

 missioners shall be appointed for terms of three, four, and five 

 years respectively ; and on the expiration of any term, the new 

 appointment shall be made for five years, and any vacancy shall 

 be filled for the unexpired term only; and in cities, the said 

 appointments shall be made by the mayor thereof, and in town 

 ships by the chairman of the township committee, and in villages 

 and boroughs by the chairman or president of the board of trus 

 tees or other governing body. 



SEC. 3. And be it enacted, That whenever said commissioners 

 shall propose to make any such improvements as setting out or 

 planting any shade-trees, or changing the same in any highways, 

 they shall give notice of such contemplated improvement (specify 

 the streets or portions thereof where such trees are intended to be 

 planted) in one or more newspapers of their said municipality, if 

 there be any newspapers published in said place, for at least two 

 weeks prior to any meeting, in which they shall decide to make 

 such improvement. 



SEC. 4. And be it enacted, That the cost of planting and 

 transplanting any trees in any highway, and boxes or guards for 

 the protection thereof, when necessary, shall be borne by the real 

 estate in front of which such trees are planted or set out, and the 

 cost thereof as to each tract of real estate shall be certified by 

 said commissioners to the person having charge of the collection 

 of taxes for said municipality; and upon the filing of said cer 

 tificate, the amount of the cost of said improvement shall be and 

 become a lien upon said lands in front of which the trees were 

 planted or set out, and the said collecting officer shall place the 

 assessment so made against any property in the annual tax bills 

 rendered to owner or owners of such property, and the same shall 

 be collectible in the same manner as the other taxes against said 

 property are collected. 



SEC. 5. And be it enacted, That the cost and expense of caring 

 for said trees, after being planted or set out, and the expense of 

 publishing said notices, shall be borne and paid by a general tax 

 to be raised by said municipality; said tax shall not exceed the 



