8 MASS. EXPERIMENT STATION BULLETIN 349 



the authority has been vested in them."2i The discretion given to the tree 

 warden by the 1899 statute to permit the cutting or removal of trees outside the 

 residential part of the town was taken away from him."^^ 



By St. 1910, c. 363, § 1, the powers and duties of tree wardens in towns under 

 R. L. c. 53, § 12, and as amended by St. 1908, c. 96, were conferred and imposed 

 upon ofificials charged with the care of shade trees within the highways in cities, 

 bj' the charters of cities, or by other legislative enactment or by ordinances. 



By section 2 of this act. Revised Laws, c. 53, § 6, (providing for the planting 

 and removal of shade trees), § 7, (providing for the removal of shade trees in 

 cities), § 8, (providing penalties for unlawful removal of shade trees), §9, (relative 

 to preservation of shade trees in cities), § 10, (with respect to the manner of 

 designating shade trees), and § 11, (imposing penalties for injuries to trees) were 

 repealed. 



In 1915, the Legislature by Genera! Acts, c. 145, codified and amended the 

 laws relative to shade trees. There were no changes made between that date 

 and the re-arrangement and consolidation of the General Laws in 1920. The 

 provisions of Act of 1915 were re-enacted in chapter 87 of the General Laws, 

 and a full discussion of the statute now in force follows. 



THE PRESENT SHADE TREE STATUTES 



"All trees within a public way or on the boundaries thereof are public shade 

 trees." No distinction is made as to the species. They may be of the kinds 

 ordinarily used for shade or ornamentation, or they may be fruit trees. If, in 

 any proceeding in which it appears that the ownership of or rights in a tree are 

 material, and that, from length of time or otherwise, the boundaries of the high- 

 way cannot be made certain by records or monuments, and for that reason it is 

 doubtful whether the tree is within the highway, it shall be taken to be within 

 the highway until the contrary is shown. ^^ 



Towns are authorized to appropriate money to be expended in planting shade 

 trees in public ways, and for their care and maintenance.'"' 



If a city council of a city, or a town at a town meeting accepts the provisions 

 of General Laws (Ter. Ed.) c. 82, § 4, or the corresponding provisions of earlier 

 laws, the board of officers authorized to lay out highway's or town ways may 

 reserve spaces between the side lines thereof for "trees and grass and planting." 



Ten or more persons in any county, city or town may form a corporation for 

 the purpose of improving and ornamenting the streets, and squares of any city 

 or town, by planting and cultivating trees therein.^''' 



In towns, the care and control of public shade trees are vested in an official 

 called the tree warden. ^^ Every town at its annual town meeting chooses by 

 ballot a tree warden for the term of one year.^^ He may be appointed by the 

 selectmen if the town votes affirmatively by the official ballot upon a petition by 



2iSt. 1908, c. 296, § 2. 



"St. 1908, c. 296, S 1. 



5SG. L. (Ter. Ed.), c. 87. § 1. 



'<G. L. (Ter. Ed.), c. 40, § .5, cl. 10. 



«G. L. (Ter. Ed.), c. 180. § 3. 



«G. L. (Ter. Ed.), c. 87, § 2. 



"G. L. (Ter. Ed.), c. 41, § 1. 



