206 SEVENTH REPORT OF THE FOREST, FISH AND GAME COMMISSION. 



Legislation. 



John Evelyn said that men seldom plant trees till they begin to be wise ; and so 

 it may be well to note what the wise men in the Legislatures of various States have 

 decreed as to tree planting on streets and highways. The Highway Law of New 

 York has already been quoted. In other States the laws relating to tree planting 

 are in part as follows : 



Massachusetts. 



Chapter 196, Laws of 1890. Section 1. The mayor and aldermen of cities and 

 selectmen of towns are authorized to designate and preserve trees in highways for 

 ornament and shade, not less than one tree in every thirty-three feet and of one inch 

 or more. 



Sec. 2. Provides for marking the trees selected. 



Sec. 3. Provides that whoever injures, defaces or destroys any designated tree 

 shall forfeit not less than five nor more than one hundred dollars. 



Chap. 330, Laws of 1899, Sec. I. Every town shall at its annual meeting for the 

 election of town officers elect a tree warden, who shall serve for one year and until 

 his successor is elected and qualified. He may appoint such number of deputy tree 

 wardens as he deems expedient, and may at any time remove them from office. He 

 and his deputies shall receive such compensation for their services as the town may 

 determine, and, in default of such determination, as the selectmen may prescribe. 

 He shall have the care and control of all the public shade trees in the town, except 

 those in public parks or open places under the jurisdiction of Park Commissioners, 

 and of these also he shall take the care and control if so requested in writing by the 

 Park Commissioners. He shall expend all funds appropriated for the setting out 

 and maintenance of such trees. He may prescribe such regulations for the care and 

 preservation of such trees, enforced by suitable fines, not exceeding twenty dollars 

 in any one case, as he may deem just and expedient ; and such regulations, when 

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

 shall have the force and effect of town by-laws. It shall be his duty to enforce all 

 provisions of law for the preservation of such trees. 



Sec. 2. Towns may appropriate annually a sum of money not exceeding in the 

 a gg re S ate fifty cents for each ratable poll in the preceding year, to be expended by 

 the tree warden in planting shade trees in the public ways ; or, if he deems it 

 expedient, upon adjoining land, at a distance not exceeding twenty feet from said 

 public ways, for the purpose of shading or ornamenting the same; provided, hozvever, 

 that the written consent of the owner of such land shall first be obtained. All 



