232 BOARD OF AGRICULTURE. [Pub. Doc. 



mitted to the same rights they possessed before the highway 

 was made. They can protect themselves against such annoy- 

 ances by treating the intruders as trespassers." 



Trees on Higitways. 



At common law the abutting owners upon highways own 

 the fee in the land to the middle of the street, subject to the 

 public right of travel, and trees planted or standing along 

 the highways and affording shade still belong to the owners 

 of tlie land. Highways in this Commonwealth were early 

 entrusted to the care and control of the highway surveyors, 

 and among their responsibilities and rights was the duty 

 and power to cut dow'n or lop off all trees and bushes which 

 hindered, incommoded or endangered public travel. 



In 1856 an act was passed authorizing the planting of 

 shade trees on the highways, and providing that the trees 

 so planted should be deemed the property of the person so 

 planting them, and should not be deemed a nuisance ; and 

 also providing that, upon complaint to tlie maj^or, alder- 

 men, selectmen or road commissioners, they might cause 

 such trees to be removed, at tlie expense of the owner 

 thereof, if the public necessity seemed to require it. That 

 act also contained provisions imposing penalties upon per- 

 sons injuring, defacing or destro3^ing ornamental or shade 

 trees in the highway. In 1885 the power of the person 

 appointed to have the care of the trees in the town, and to 

 trim and cut down trees in tlie public way, was limited so 

 that he should not be allowed to cut down such trees with- 

 out an adjudication of the mayor, aldermen, selectmen or 

 road commissioners. There were other provisions in the 

 statutes authorizing appropriations by towns, to be ex- 

 pended in setting out and caring for shade trees in the 

 public highways. 



Tree Wardens and Foresters. 

 In 1896 the Legislature established for the first time the 

 office of tree warden, and provided that towns might annu- 

 ally elect such an officer, who should have charge of all the 

 public shade trees in the town, including the expenditure 



