LEGISLATION 269 



ing the same : provided, however, that the written consent of the 

 owner of such land shall first be obtained. All shade-trees within 

 the limits of any public way shall be deemed public shade-trees. 



Sec. 3. Whoever, other than a tree warden or his deputy, 

 desires the cutting or removal, in whole or in part, of any public 

 shade-tree, may apply to the tree warden, who shall give a public 

 hearing upon the application at some suitable time and place, 

 after duly posting notices of the hearing in two or more public 

 places in the town, and also upon the said tree : provided, how- 

 ever, that the warden may, if he deems it expedient, grant permis- 

 sion for such cutting or removal, without calling a hearing, if the 

 tree in question is on a public way outside of the residential part 

 of the town, the limits of such residential part to be determined 

 by the selectmen. No tree within such residential part shall be 

 cut by the tree warden, except to trim it, or removed by him 

 without a hearing as aforesaid; but in all cases the decision of 

 the tree warden shall be final. 



Sec. 4. Towns may annually raise and appropriate such sum 

 of money as they deem necessary, to be expended under the 

 direction of the tree warden in exterminating insect pests within 

 the limits of their public ways and places, and in the removal 

 from said public ways and places of all trees and other plants 

 upon which such pests naturally breed: provided, however, that 

 where an owner or lessee of real estate shall, to the satisfaction 

 of the tree warden, annually exterminate all insect pests upon 

 the trees and other plants within the limits of any public way 

 or place abutting on said real estate, such trees and plants shall 

 be exempt from the provisions of this section. 



Sec. 5. Whoever affixes to any tree in a public way or place a 

 play-bill, picture, announcement, notice, advertisement, or other 

 thing, whether in writing or otherwise, or cuts, paints, or marks 

 such tree, except for the purpose of protecting it and under a 

 written permit from the tree warden, shall be punished by a fine 

 not exceeding fifty dollars for each offence. 



Sec. 6. Whoever wantonly injures, defaces, breaks, or de- 

 stroys an ornamental or shade tree within the limits of any 

 public way or place shall forfeit not less than five nor more than 



