No. 4.] REPORT OF STATE FORESTER. 307 



of an amendment, may be amended or repealed at the pleasure of the 

 Legislature. It follows, therefore, that the amendment of 1911 is appli- 

 cable to all towns which had accepted St. 1908, c. 209, without further 

 action by such towns. 



Your second inquiry is as follows: — 



Does the provision in section 1, which allows the burning of debris, leaves and 

 rubbish from fields and orchards, when 200 feet from sprout land or 50 feet from 

 a building remain in force throughout the year? Does that provision apply to 

 all towns, or only those that have accepted the act? 



The provision to which your second question is directed, that "debris 

 from fields, gardens and orchards, or leaves and rul^bish from yards may 

 be burned on ploughed fields by the owners thereof, their agents or les- 

 sees," is an exception from the restriction upon the setting of fires between 

 the first day of March and the first day of December, contained in the 

 same section, and it follows, therefore, that an owner, agent or lessee may 

 at any time during the year burn debris from fields, gardens and orchards 

 or leaves and rubbish from yards on ploughed lands, provided that such 

 fire shall be at least 200 feet distant from any forest or sprout lands and 

 at least 50 feet distant from any building, and shall be properly attended 

 until it is extinguished. Whether or not during the period from the first 

 day of December to the first day of March fires may be set which do not 

 in all respects comply with the provisions referred to, your question does 

 not require me to decide. Since St. 1908, c. 209, as amended by St. 1911, 

 c. 244, has the force of law only in towns which have accepted or may 

 accept its provisions, it follows that the particular restriction with re- 

 spect to setting of fires does not apply to all towns, but only to those which 

 have accepted the act. 

 ~ Your third inquiry is as follows: — 



Does the striking out of sections 4 and 5 of the act of 1908 and substituting 

 new sections affect in any way the application of the law in towns that have 

 accepted the act? 



St. 1908, c. 209, § 5, permitted an acceptance of its provisions only "at 

 the next annual meeting of the town after the passage of this act," to wit, 

 at the next annual meeting after March 14, 1908. The obvious purpose 

 of the amendment contained in St. 1911, c. 244, § 3, is to provide that the 

 question may be submitted to towns which did not avail themselves of 

 the provisions contained in the earlier statute, "at any annual or special 

 town meeting." There is nothing in its language which discloses any in- 

 tent upon the part of the Legislature to require towns which had already 

 accepted the provisions of the earlier act to reconsider the question. 



Very truly yours, 



James M. Swift, 

 A ttorney-General. 



