SHADE TREE LAW IN MASSACHUSETTS 7 



and of those if requested in writing by the park commissioners; the expenditure 

 of all funds appropriated for the setting out and maintenance of such trees; 

 and the duty to enforce all provisions of law for the preservation of such trees. 

 He was authorized to prescribe such regulations for the care and preservation 

 of such trees, enforced by suitable fines and forfeitures, as he deemed just and 

 expedient, but not exceeding twenty dollars in any one case; and such regulations 

 when approved by the selectmen and posted in two or more public places in the 

 town, had the force and effect of town by-laws. 



All shade trees within the limits of any public way were declared to be public 

 shade trees. Towns were permitted to appropriate "annually a sum of money 

 not exceeding in the aggregate fifty cents for each of its ratable polls in the pre- 

 ceding year to be expended by the tree warden in planting shade trees in public 

 ways", and "upon adjoining land, if he deemed it expedient, at a distance not 

 exceeding twenty feet from said public ways, for the purpose of shading or orna- 

 menting the same"; provided, he first obtained the written consent of the owner 

 of such land. 



All persons, except the tree warden, were prohibited from cutting or removing, 

 in whole or in part any public shade tree, and if any person desired the cutting 

 or removal of a public shade tree, he had to apply to the tree warden, who upon 

 an application to him was required to give a public hearing at some suitable time 

 and place, after duly posting notices of the hearing in two or more public places 

 in the town and also upon the tree. If he deemed it expedient, he could grant 

 permission for such cutting or removal, without calling a public hearing, if the 

 tree in question was on a public way outside of a residential part of the town, 

 the limits of such residential part to be determined by the selectmen; but no 

 tree within a residential part of a town was to be cut by him without a hearing, 

 and in all cases his decision was final. 



Tov/ns were authorized to appropriate and raise money to be expended by 

 the tree warden for the extermination of insect pests within the limits of the public 

 ways and places and in the removal of all trees and other plants "upon which 

 such pests naturally breed." 



In this codification, the previous penal statutes relative to afifixing playbills, 

 etc., the wanton injury to or the negligent or careless suffering of horses or other 

 beasts to break down, injure or destroy shade trees were re-enacted. The duty 

 of enforcing the laws on shade trees was imposed upon the tree warden. 



The provisions of the codification of 1899 as well as other laws pertaining to 

 shade trees were re-enacted in the Revised Laws of 1902. 



The first law relative to shade trees within the limits of state highways was 

 passed in 1905, •^ and the care and control of such trees were vested in the Mass- 

 achusetts Highway Commission. 



In 1908, the Legislature repealed so much of the Revised Laws, c. 53, § 6, 

 as granted authority to the selectmen or road commissioners of towns to authorize 

 the planting of shade trees in public ways. 2" This authority was transferred to 

 the tree warden by the following provision: "No tree shall be planted within the 

 limits of a public way without the approval of the tree warden, and until a loca- 

 tion therefor has been obtained from the selectmen or road commissioners where 



I'St. 1905, c. 279. 

 '"St. 1908, c. 296, §1. 



