No. 4.] HIGHWAYS. 233 



of the public funds appropriated for setting out shade trees ; 

 and providing, further, tliat he might order the removal of 

 such shade trees or of such parts thereof as he might deter- 

 mine to be for the best interest of the public, after hearing 

 the parties. This law further provided that no tree warden 

 or other person should cut down, remove or injure any live 

 public shade tree until after a hearing of all parties inter- 

 ested. 



In earlier statutes there had been provisions authorizing 

 towns to take land for forestry purposes and cultivate the 

 same, and other provisions designed to secure the protection 

 of forest land against fires. In 1897 an act was passed by 

 the Legislature providing that, in towns which should accept 

 the provisions of the act, the selectmen should annually 

 appoint a forester, who should have the power and duties 

 of a tree warden with respect to the public shade trees in 

 the limits of the highways and other public places, and Avho 

 should also be the chief forest fire warden in such town, and 

 take precautions to prevent the setting and progress of forest 

 fires, and so on. 



It will be seen, therefore, that after the enactment of this 

 law all towns might annually elect tree wardens, Avho should 

 have the charge of the public shade trees ; and such towns 

 as accepted the provisions of the act might have foresters 

 appointed by the selectmen, who should have the duties of 

 tree wardens in addition to their other duties ; that is, there 

 was no obligation upon any town to elect tree wardens, and 

 there was no obligation upon any town to appoint foresters, 

 except in those particular towns which duly accepted the 

 act of 1897. 



In 1899 the Legislature passed another act, entitled 

 ''Codification and amendment to laws relative to the pres- 

 ervation of trees." That act provided that every town 

 should annually elect a tree warden, who should have the 

 care and control of all public shade trees, and expend all 

 funds appropriated for the setting out and maintenance and 

 prescribe regulations for the care and preservation of such 

 trees. Other provisions were, that whoever, other than a 

 tree warden, desired the cutting or removal of any public 



