212 STATE LAAYS FOR PROMOTION OF TREE-PLANTING. 



If any owner of real estate desires to move any sLade tree or trees situate between 

 the carriage-patli and sidewalk, or within the limits of any jiublic street, he shall 

 first obtain leave of the selectmen, or conform to the regulations which the town may- 

 have provided relative to shade-trees. 



Nothing in the two preceding sections shall be construed to deprive the owner of 

 real estate to the right to plant, rear, and protect any tree between the carriage-path 

 aud sidewalk in any public street or highway on which his estate is situate, if it does 

 not interfere with the public travel. — {General Statutes of New Rampahire, 1867, p. 92.) 



NEW YORK. 



All trees standing or lying on land over which any highway shall be 

 laid out shall be for the proper use of the owner or occupant of such 

 land, except such of them as may be requisite to make or repair the 

 highways or bridges on the same laud.— (2 II. L., 279, § 28 ; 31 N. Y., 156.) 



Any person owning land adjoining any highway not less than three 

 rods wide may plant or set out trees on the side of such highway con- 

 tiguous to his laud, which trees shall be set in regular rows at a distance 

 of at least six feet from each other. Whoever shall cut down, destroy, or 

 injure any tree that has been or shall be so planted or set out, shall be 

 liable to damages to the owner of such adjoining land. — [Revised StatuteSj 

 part 1, chap. 16, art. 7.) 



By an act passed April 7, 1863, owners of land (except in cities and 

 incorporated villages) might make sidewalks, and plant shade-trees not 

 more than six feet ^rom the outer line of the highway, if not over three 

 rods wide, with one additional foot allowed for every rod of greater 

 width ; aud might place a railing for their better protection, but not so 

 as to prevent foot-passengers from using the same. — [Laws of N etc York, 

 1863, p. 151.) 



The act of 1863 was amended May 23, 1874, by extending its privi- 

 leges so as to allow one-fifth of the width of the highway from the 

 central line (if the road be more than three rods wide), but in no case 

 to exceed eleven feet from the outer line. The trees may be protected 

 by posts and one bar, with openings at convenient distances. — {Uchno^id^s 

 Laicfi of New Yorli^ ix, 969.) 



By an act passed April 26, 1869, the overseers of highways are 

 allowed to abate from the highway -taxes of any land-owner the sum of 

 $1 for everj^ four trees set out along the highways opposite his land ; 

 but no row of elais was to be set nearer than seventy feet, nor maples 

 or other forest-trees nearer than fifty feet from each other, except 

 locusts, which might be thirty feet apart. The trees must be set the 

 year before the abatement of tax is claimed, and they must show evi- 

 dences of living and of being well protected from animals at the time 

 of such demand. The allowance was, however, not to exceed in any 

 year more than one-quarter of the highway-tax, nor was it to apply to 

 trees growing along the roads before the act was passed. — {Laics of New 

 York, 1869, i, 701.) 



This act was amended May 3, 1870, by allowing fruit-trees to be set 

 at least fifty feet apart. — {Laics of New York, 1870, ii, 1363.) 



VERMONT. 



The laws of this State have not provided for the planting of trees 

 along the highways or otherwise, excepting to aftix a penalty of from 

 $5 to $50 for their willful injury or destruction when growing in a high- 

 way, public park, common, or burial ground. — {General Statutes of Ver- 

 mont, 1870, p. 943.) They may, however, be reit;oved by the order of 

 the selectmen, if they prove an obstruction or injury to the highway, or 



