2-20 



Canadian Forestry Journal, October^ 'ip^S- 



make provision for a tree inspector 

 to be appointed to supervise plant- 

 ing and for the protection of the 

 trees against injury or removal by 

 any one (even the owner) except by 

 the authority of a special resolution 

 of the council. 



No bonus is to be paid for trees 

 planted less than fifteen feet apart, 

 and the council is not to be liable 

 to pay a larger sum than would be 

 pavable if the trees were planted 

 thirty feet apart. (Ontario Tree 

 Planting Act, sec. 4.) 



The Municipal Act (section ?74, 

 sub-section 1) authorizes the coun- 

 cil of any city, town, village or town- 

 ship to pass a by-law giving a bonus 

 of not less than twenty-five cents for 

 each tree planted. 



[There will be noted here an ap- 

 parent contradiction in the legisla- 

 tion, the Tree Planting Act stipulat- 

 ing that the bonus shall be "up to" 

 i.e., not more than, twenty-five cents, 

 while the sections of the Municipal 

 Act quoted place the bonus to be 

 allowed at "not less than" twenty- 

 five cents. On writing to the At- 

 torney-General's department regard- 

 ing tile apparent contradiction, the 

 editor received the following reply: 



T would think that the effect of 

 the legislation of 1903' (i.e., the Con- 

 solidated Municipal Act) 'would be 

 to override the provision of R. S. O. 

 1897, cap. 243,' (the Ontario Tree 

 Planting Act).] 



RenwvaL Thinning, of Trees. 



Removal of Trees — The council of 

 a county, city, township, town or 

 village may pass a by-law for caus- 

 ing a tree to be removed, if neces- 

 sary, but fa) it must give the owner 

 ten days notice and recompense him 

 for planting and protecting the tree 

 and (b) any such tree may not be 

 removed, even by the owner, with- 

 out the permission of the municipal 

 council. ( Municipal Act, section 

 574, sub-section 2). \ 



The municipal corporation shall 

 not be liable to compensate the 

 owner of property in front of which 



trees stand for their removal further 

 than provided for in the Municipal 

 Act, section 374. sub-section 2 ( i. e., 

 for his planting and care of them), 

 provided the cutting and trimming 

 is done under by-law. (Municipal 

 Act, section 575.) 



City, town and village councils 

 may pass a by-law authorizing the 

 board of park management, park 

 commissioner or other officer or 

 three park directors to remove all 

 decayed trees and remove and trans- 

 plant trees and shrubs, after giving 

 forty-eight hours' notice to the 

 owner, and shall not be liable to the 

 owner ; l)ut no live tree, unless 

 within thirty* feet of other trees 

 may l)e removed without the con- 

 sent of the owner of the property in 

 front of which the tree stands. 

 ( Municipal Act. section 574, sub- 

 section 5.) 



[There is another inconsistency 

 here. The following opinion as to 

 the point was received from the 

 Attorney-General of the province in. 

 the letter referred to in the preced- 

 ing note : 



'As to the removal of trees, I think 

 the ten days'. notice would be con- 

 fined since 1903 to the case of a 

 township, as section 574, paragraph 

 4 gives power to cities, towns and 

 villages to authorize their officers to 

 move and cut down trees on forty- 

 eight hours' notice. If you trace the 

 legislation back you will see how 

 the present condition has been 

 brought about. Paragraph 4 of sec- 

 tion 574 was originally confined to 

 cities over 40,000; paragraph 5 of 

 section 574 as enacted by 61 Vict., 

 cap. 23, sec. 19. was confined to a 

 city of over 100,000 inhabitants. In 

 the revision of 1903 the provisions 

 of both these, paragraphs were ex- 

 tended to all cities, towns and vil- 

 lages with the effect above pointed 

 out.'l 



Trimming Trees. — City, town and 

 village councils may pass a by-law 



■* Amended from 'twenty' by 6 Ed. VI, 

 cap. 34, sec. 22. 



