270 SHADE-TREES IN TOWNS AND CITIES 



one hundred dollars, to be recovered by complaint, one-half to 

 the complainant and the other half to the use of the town. 



Sec. 7. Whoever negligently or carelessly suffers a horse or 

 other beast driven by or for him, or a beast belonging to him 

 and lawfully in a public way or place, to break down, injure, or 

 destroy a shade or ornamental tree within the limits of said 

 public way or place, or whoever negligently or wilfully by any 

 other means breaks down, injures, or destroys any such tree, 

 shall be liable to the penalties prescribed in the foregoing sec- 

 tion, and shall in addition be liable for all damages caused 

 thereby. 



Sec. 8. It shall be the duty of the tree warden to enforce the 

 provisions of the preceding sections. (Approved May 4, 1899.) 



The above law of Massachusetts has never been repealed, 

 but it has been several times amended, mainly in the direc- 

 tion of extending and more accurately defining the duties 

 and powers of shade-tree officials. 



In 1902 a general revision of the State laws was made by 

 the legislature, and the principal provisions of Chap. 330, of 

 the Acts of 1899, were embodied in Chap. 53 of the Revised 

 Laws, although several provisions of the original chapter 

 were distributed in other places. This arrangement has 

 made it somewhat difficult to refer to the laws relating to 

 shade-trees, and has led the Massachusetts Forestry Associa- 

 tion to issue, from time to time, compilations of the law 

 brought up to date. 



By Chap. 363, of the Acts of 1910, the "Tree Warden 

 Act" has been extended in practically all of its provisions, 

 except that requiring the election of a tree warden, to the 

 cities of Massachusetts. 



The extensions of the "Tree Warden Act," and the 

 amendments thereto, as regards the authority of city and 

 town officers, are embodied in the following: 



