The tree warden is elected at the annual town meeting,' and his 

 compensation may be determined by the town, or in default thereof 

 by the selectmen. He has the care and control of all public shade 

 trees in the town, except those in such public parks, open places or 

 roads as may be under the jurisdiction of park commissioners or 

 state highway commissioners." In some towns which have park 

 commissioners, the tree warden is given the care of shade trees in 

 the parks by the commissioners. The latter may, of course, entrust 

 this work to the tree warden as well as to anyone else but such an 

 arrangement does not relieve the commissioners of ultimate respon- 

 sibility for the park trees. 



PUBLIC SHADE TREES AND THEIR PROTECTION. 



Public shade trees are defined by the law as " all shade trees 

 within the limits of a public way." ' It may be assumed in the ab- 

 sence of a court decision on the point, that not only mature trees, 

 but any young tree that is v.ithin the limits of a public way, and 

 that now or in the future will add to the beauty and comfort of the 

 highway, is protected by the law and within the warden's control. 



The setting out and maintenance of public shade trees and the 

 expenditure of money appropriated therefor is a part of the tree 

 warden's duties ; and no trees may be planted by individuals with- 

 out the approval of the tree warden, and after a location has been 

 obtained from the selectmen, or road commissioners where authority 

 has been vested in them.' 



Regulations for the care and preservation of public shade trees 

 may be made by the tree warden, with the approval of the select- 

 men, and when so made and approved shall be posted in two or 

 more public places, and shall have the force and effect of town by- 

 laws. Such regulations may impose fines of not more than twenty 

 dollars in any one case.' 



Public shade trees may not be cut or removed, in whole or in part, 

 except by the tree warden, his deputy, or a person licensed by the 

 tree warden to so cut or remove said tree ; and a tree may be re- 

 moved only after a public hearing, at a suitable time and place, due 

 notice thereof having been posted in two or more public places in 



' R. L., ch. II, s. 334. 



- R. L., ch. 53, s. 12, amended by Acts of 190S, ch. 296. 



3 R. L., ch. 53, s. 12, amended by Acts of 1908, ch. 296. 



