234 BOARD OF AGRICULTURE. [Pub. Doc. 



shade tree, should apply to the tree warden, who should give 

 a public hearing thereon ; and that a tree warden might cut 

 down or remove trees outside the residential limits of the 

 town without such hearing, if he deemed it necessary. 

 This act also contained penalties against destro3dng or in- 

 juring trees by driving beasts against them, or by affixing 

 notices to them, or in any other manner. 



In the Revised Laws, which were passed in 1901, all the 

 provisions of the act of 1899 are retained ; but the only 

 reference to the forester is found in a single section of 

 chapter 53, section 14, which is to the effect that in towns 

 which had already accepted the provisions of the earlier 

 acts, or which might accept the provisions of this section, 

 the selectmen are required to appoint a forester, who shall 

 have charge of all trees except public shade trees within the 

 limits of the highway or other public way. 



As the law stands, therefore, to-day, in towns the care 

 of the public shade trees in the highways or in other public 

 ways or places is in the control of the tree warden, who is 

 a town officer, and must be elected annually by every town. 

 It is his duty to preserve the trees from injury, including 

 injury by insects, and to make proper regulations therefor. 

 The tree warden is given considerable authority. He may 

 appoint and remove deputy tree wardens. While he does 

 not under the law have jurisdiction over trees in public 

 parks, still, the Park Commissioners ma}^, if they see fit, 

 transfer to the tree warden the care and control of all public 

 shade trees in the parks. He expends all the money appro- 

 priated for setting out and maintaining })ublic shade trees. 

 With the approval of the selectmen, he ma}' make regula- 

 tions for their care and preservation which will have the force 

 and effect of the town by-laws. The statute also enacts that 

 all shade trees within the limits of the public way shall be 

 public shade trees. 



No person has any authority to cut or remove in whole or 

 in part public shade trees outside the residential part of the 

 town, except the tree warden or his deputy or some person 

 licensed by the tree warden. Public shade trees within the 

 residential part of the town are am})ly protected. The tree 



