Canadian Forestry Journal, October, ip^o- 



219 



I know it and I love it, and it is the borders of the lake, we go into 



there each year, when I have leis- this forest where silence reigns 



ure, I go to pass some days of my complete to rest ourselves on a veri- 



vacation; and after having read table carpet of millions and millions 



some books or recited prayers by of needles fallen from the pines." 



RIGHTS OF SHADE TREES 



The right of an owner of shade 

 trees to protect them against tele- 

 phone and telegraph linemen and 

 other forms of interference has 

 caused many anxious questions from 

 members and friends of the Can- 

 adian Forestry Association. Recent- 

 ly, a Western Ontario member 

 wrote an urgent request for a state- 

 ment of his legal rights over his own 

 shade trees which telephone line- 

 men were then hacking to pieces. 

 To his protests, the linemen only re- 

 plied that they were empowered by 

 law to cut whatever trees they 

 pleased and to any extent that seem- 

 ed to them necessary in stringing 

 their wires. Needless to say, such 

 a statement has no basis in fact. 



The legislation of the province of 

 Ontario in regard to the planting of 

 street and shade trees is. for the 

 most part, contained in "The On- 

 tario Tree Planting Act."^ and cer- 

 tain clauses of "The Consolidated 

 Municipal Act,"- and subsequent 

 amending acts. 



Planting. 



Planting by individuals.— The On- 

 tario Tree Planting Act Tsection 2. 

 sub-section I) grants permission to 

 anyone who owns land adjacent to 

 a street to plant trees on that part 

 of the street contiguous to his land, 

 so long as the tree or trees do not 

 become a nuisance or obstruct the 

 use of the street. 



Trees may be planted along toll 

 roads under the same conditions as 

 along other highways, by the muni- 



cipal council or by individuals. 

 (General Road Companies Act,' sec. 

 147.) 



Planting by Municipal Authori- 

 ties. — The municipal council of a 

 city, town or village may pass_ a by- 

 law authorizing the board of park 

 management, park commissioner, or 

 other officer, or three park directors 

 to plant trees on streets or in parks. 

 (Municipal Act, section 574, sub-sec. 

 tion 4). 



The council of any city, county, 

 township, town or village may ex- 

 pend money in planting or preserv- 

 ing street trees or grant money to 

 any person or association for so do- 

 ing. (Municipal Act, section 574-, 

 sub-section 2c). 



Property Rights in Trees. ,'^., 

 Trees so planted on highways be- 

 come the property of the owner of 

 the property adjacent to the high- 

 way and nearest the tree so planted. 

 Such is the case also with any tree 

 left standing on the highway. (On- 

 tario Tree Planting Act, s. 2, sub- 

 section 3.) 



Bonus for Tree Planting. 



The Ontario Tree Planting Act 

 (section 5) provides that the council 

 of any municipality may pass a by- 

 law providing for the payment ot 

 a bonus up to twenty-five cents per 

 tree for each tree (of certain species) 

 planted. This by-law must also 



1 R. S. O.. 1914. chap. 213. 



2 Edw. VII (1903). chap. 19, s. 574 and 

 575. 



3.R. S. O., 1914, chap- 210, sec. 69. 



