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of his road tax, one dollar for every two trees set out; but no row of 

 elms shall be placed nearer than seventy feet; no row of maples 

 or other forest trees nearer than fifty feet, except locust and Caro- 

 lina poplar, which may be set thirty feet apart, and except fruit 

 trees, which may be set forty feet apart; and no allowance as before 

 mentioned shall be made unless such trees shall have been set out 

 the year previous to the demand for such abatement of tax, and are 

 living and well protected from domestic animals at the time of such 

 demand. 



Section 2. Any fruit, shade or forest trees growing naturally by 

 the side of the public highway, where said public highway runs 

 through cultivated lands, shall be allowed for in the same manner 

 and on the same conditions as in the preceding section. 



Section 3. Any trees transplanted by the side of the public high- 

 way, as aforesaid, in the place of trees that have died, shall be al- 

 lowed for in the same manner and on the same conditions as in the 

 first section of this act. 



Section 4. No person shall be allowed an abatement, as aforesaid, 

 of more than one-quarter of his said annual road tax. 



Section 5. Any person who shall cut down, kill or injure any liv- 

 ing tree, planted or growing naturally as aforesaid, or who negli- 

 gently or carelessly Buffers a horse or other domestic animal, driven 

 by or for him to injure any trees hereinbefore mentioned, upon con- 

 viction thereof shall be subject to a penalty of not less than one dol- 

 lar, nor more than five dollars, with costs of suit, for each and every 

 tree so cut down, killed, removed or injured: Provided, That if the 

 defendant or defendants neglect or refuse to pay at once the pen- 

 alty so imposed and costs, or shall not enter sufficient bail for the 

 payment of the same within ten days, he or they shall be committed 

 to the common jail of the county in which the offense was committed, 

 for a period of not less than one day for each dollar of penalty im- 

 posed and costs: Provided, however, That the owner of the land upon 

 which the trees are growing and upon which said abatement has 

 been granted, may remove such trees, on condition that he will im- 

 mediately plant and maintain another tree, or trees, in the place or 

 places of those removed by him or refund to township said abate- 

 ment, originally allowed for said tree or trees. 



Section G. All moneys collected as a penalty in accordance with 

 section five of this act, shall be paid to the supervisors of roads or 

 boards of supervisors of roads, and form part of the road fund of the 

 township in which the offense was committed. 



Section 7. It shall be the duty of the supervisor of roads or the 

 boards of supervisors of roads to keep a permanent record, in a book 

 especially prepared for that purpose, and which book shall be the 



