1907 DEPARTMENT OF LANDS, FORESTS AND MINES. 281 



removal by any person or persons, including the owner, excepting as author- 

 ity may be given therefor by special resolution of the council; for the con- 

 ditions on which bonuses may be paid; and generally for such regulations 

 as are authorized by subsections 20 and 20a of section 479 of The Con- 

 solidated MuniciparAct, 1892. R.S.O., 1889, c. 201, s. 4. 



4. The inspector shall make to the council one report for each year, if 

 required to do so, giving the names of all persons entitled to any bonus or 

 premium under the by-law, the number of trees of each species planted, and 

 the amount of bonus or premium to which each person is entitled, and cer- 

 tifying that the trees have been planted for a period of three years, and 

 that they are alive, healthy and of good form; and upon the adoption of 

 such report the bonuses or premiums shall be paid ; provided that in no 

 case shall the council be liable to pay a larger sum in respect of trees planted 

 uncVer this Act than would be payable if the same had been planted at a 

 distance of thirty feet apart, and in no case shall a bonus be granted where 

 the 1rees are less than fifteen feet apart. R.S.O. 1887, c. 201, s. 5 ; 53 Vic. 

 c. 60, 8. 1. 



5. "Where a municipality has prior to the passing of this Act passed a 

 by-law under the authority of section 4 of The Ontario Tree Planting Act 

 for granting bonuses for tree planting and has paid or has become liable 

 under the said by-law for the payment of any premiums or bonuses with 

 respect to trees planted prior to the passing of this Act, the Treasurer of the 

 Province, out of any sum which may be voted by the Legislature" for that 

 purpose, upon receiving a copy of the inspector's report, certified by the 

 reeve and clerk, may recoup to the treasurer of the municipality one-half 

 of the sum paid by the municipality under the said by-law, the said report 

 to be forwarded to the Treasurer on or before the first day of November in 

 each year. 



6. — (1) Any person who ties or fastens any animal to or injures or 

 destroys a tree planted and growing upon any road or highway, or upon any 

 public street, lane, alley, ])lace or square in this Province (or upon any 

 boundary line of farms, if any such boniis or premium as aforesaid has been 

 paid therefor), or suffers or permits any animal in his charge to injure or 

 destroy, or who cuts down or removes any such tree without having first 

 obtained permission so to do by special resolution of the council of the muni- 

 cipality, shall, upon conviction thereof before a justice of the peace, forfeit 

 and pay such sum of money, not exceeding $25 besides costs, as such justice 

 may award, and in default of payment, the same may be levied on the goods 

 and chattels of the person offending, or such person may be imprisoned in 

 the common gaol of the county within which the municipality is situate, for 

 a period not exceeding thirty days. 



(2) One-half of such fine shall go to the person laying the information, 

 and the other half to the municipality within which such tree was growing. 

 B.S.O., 1887, c. 210, s. 8. 



7. Any person who ties or fastens any animal to, or injures or destroys 

 any tree growing for the purposes of shade or ornament upon any boundary 

 line between farms or lots, or who suffers or permits any animal in his charge 

 to injure or destroy, or who cuts down or removes any such tree, without the 

 consent of the owner or owners of such tree, shall be subject to the like pen- 

 alties and liable to be proceeded against and dealt with as provided in the 

 preceding section. R.S.O. , 1887, c. 201, s. 9. 



8. The council of every municipality may pass by-laws : 



(1) To regulate the planting of trees upon the public highways; 



(2) To prohibit the planting upon the public highways of any species 

 of trees which they may deem unsuited for that purpose ; 



