SHADE TREE LAW IN MASSACHUSETTS 5 



to them, and in that case the laws relative to assessment, appeal, final determina- 

 tion and payment of the damage such person suffered by the retaining of the trees 

 as in the case of damage done by an alteration of such way were applicable. 

 Provision was made for the imposition of a forfeiture of not less than five nor 

 more than one hundred dollars upon a person who cut down, removed or injured 

 such tree without first giving notice to the selectmen or mayor. The penalty 

 accrued to the town or city. 



In 1880, the power given to the surveyor of highways to "cut down or lop 

 off all trees and bushes" by the act of 1786, was curtailed somewhat. An act 

 approved on March 5, 1880, prohibited him from cutting down or lopping ofT 

 such trees as were needed for shade trees.'" These several statutes were re- 

 enacted into the Public Statutes of Massachusetts. 



In 1885, the amount which might be appropriated for the planting of shade 

 trees was increased to a "sum not exceeding fifty cents for each of its ratable 

 polls in the preceding year, to be expended in planting, or encouraging the plant- 

 ing by the owners of adjoining real estate, of shade trees upon the public squares 

 or highways, and may plant such trees . . . "" In the same act'"^ the powers of 

 the surveyor of highways were further curtailed. It was provided that the 

 "officer appointed to have the care of trees belonging to a city or town and his 

 assistants, but no other person except as is provided in the following section 

 (P. S. c. 52, § 11) and in section ten of chapter fifty-four, may, and when required 

 by the surveyors of highways or road commissioners shall trim or lop off trees 

 and bushes standing in highways, town ways, streets or lanes, and, when ordered 

 by a vote of the mayor and aldermen, selectmen or road commissioners passed 

 after public notice and hearing shall cut down and remove such trees;". 



By act passed in 1890,'^ the mayor and aldermen of cities and selectmen of 

 towns were authorized to designate and preserve trees within the limits of the 

 highways for purposes of ornament and shade, and to designate not less than one 

 such tree in every thirty-three feet where they were growing and were of diameter 

 of one inch or more. In each year between the first day of September and the 

 thirty-first day of December, these officials were also required to designate the 

 trees selected by them by driving into the same, at a point not less than six feet 

 from the ground and on the side of the tree facing the highway, a spike or nail, 

 with the letter "M" impressed upon it. These spikes or nails were furnished 

 by the secretary of state. They were also required, during the same months in 

 the succeeding year, to renew such of the spikes or nails as had been destroyed 

 or defaced; and also to designate such other trees as in their judgment should 

 be so designated. 



A penalty of not less than five nor more than one hundred dollars was provided 

 for wanton injury, defacement or destruction of any tree thus designated or any 

 of the nails or spikes. An inconsequential change was made in 1891,'^ viz: spikes 

 or nails were to be furnished by the state board of agriculture rather than by 

 the secretary of state. The time during which the trees were to be designated 

 and the spikes and nails renewed was changed from October, November and 



'"St. 1880, c. 62. 

 "St. 1885, c. 123, § 1. 

 "St. 1885, c. 123, § 2. 

 '^St. 1890, c. 196. 

 '<St. 1891, c. 49. 



