SHADE TREES. 263 



Section 6. Whoever violates any of the provisions of the preceding sections 

 of this- act shall forfeit not more than five hundred dollars to the use of the town 

 or city. 



Section' 7. Towns and cities may appropriate money 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 twents'' feet from said public ways 

 for the purpose of improving, protecting, shading or ornamenting the same: pro- 

 vided, however, that the written consent of the owner of such adjoining land shall 

 first be obtained. 



Section 8. The Massachusetts highway commission shall have the care and 

 control of all trees, shrubs and growths within the limits of state highways, and 

 may trim, cut or remove such trees, shrubs and growths, or license the trimming, 

 cutting or removal thereof. No such tree, shrub or other growth shall be trimmed, 

 cut or removed by any person other than an agent or employee of the commission, 

 whether such person is or is not the owner of the fee in the land on which such tree, 

 shrub or growth is situated, except upon a permit in writing from said commission: 

 provided, however, that if the commission shall refuse to issue a permit to any such 

 owner to cut or remove any such tree, shrub, or other growth, the damages, if any, 

 sustained by him shall be determined by said commission and paid by the com- 

 monwealth. Any person aggrieved by the action of the commission as to the 

 trimming, cutting, removal or retention of any such tree, shrub or other growth, 

 or as to the amount awarded to him for the same by the commission, may have 

 the damages, if anj', which he has sustained, determined by the superior court for 

 the county in which the said tree, shrub or other growth is or was situated, upon 

 a petition filed for the purpose, in the same manner as for the taking of land for 

 highways, and his damages, so determined, shall be paid by the commonwealth. 



Section 9. Whoever affixes to a tree in a public way or place a play bill, pic- 

 ture, announcement, notice, sign, advertisement or other thing, whether in writing 

 or otherwise, or cuts, paints or marks such tree, except for the purpose of protecting 

 it or the public and under a written permit from the officer having the charge of 

 such trees in a city or from the tree warden in a town, or from the Massachusetts 

 highway commission in the case of a state highway, shall be punished by a fine of 

 not more than fifty dollars for each offence. Tree wardens shall enforce the pro- 

 visions of this section : provided, however, that in case of the failure of a tree warden 

 to act in the case of a state highway within thirty days after the receipt by him of 

 a complaint in writing from the Massachusetts highway commission, said com- 

 mission may proceed to enforce the provisions of this section. 



Section 10. Whoever without authority trims, cuts down or removes a tree, 

 shrub or growth, within the limits of a state highway or maliciously injures, defaces 

 or destroys any such tree, shrub or growth shall be punished by imprisonment for 

 not more than six months or by a fine of not more than five hundred dollars, to the 

 use of the commonwealth. 



Section 11. Whoever, wilfully, maliciously, or wantonly cuts, destroys or in- 

 jures a tree, shrub or growth, which is not his own, standing for any useful purpose, 

 shall be punished by imprisonment for not more than six months or by a fine of 

 not more than five hundred dollars. 



Section 12. Whoever wantonly injures, defaces, or destroys a shrub, plant or 

 tree, or fixture of ornament or utility, in a public way or place or in any inclosure, 

 or negligently or wilfully suffers an animal driven by or for him or belonging to 

 him to injure, deface or destroy, such shrub, plant, tree or fixture, or whoever by any 

 other means negligently or wilfully injures, defaces, or destroys such shrub, plant 

 or tree, or fixture, shall forfeit not more than five hundred dollars, one half to the 

 use of the complainant and one half to the use of the city or town in which the act 

 was committed ; and shall in addition thereto be liable to said city or town or other 

 person interested in said tree for all damages caused by such act. 



