LEGISLATION 271 



R. L., Ch. 53, Sections 6 to 11 {as amended by Acts of 1908, ch. 

 296), including the old spike provision. Repealed by Acts of 1910, ch. 

 363, which follows. 



Acts of 1910, Ch. 363, Section 1. The powers and duties con- 

 ferred upon tree wardens in towns by Section 12 and 13 of Chap- 

 ter 53 of the Revised Laws, as amended by Chapter 296 of the 

 Acts of 1908, are hereby conferred upon officials now charged 

 with the care of shade-trees within the limits of the highway in 

 cities, by the charters of the said cities, by other legislative 

 enactment or ordinances of the city governments of ^aid cities, 

 and upon such officials as the city governments shall hereafter 

 designate to have charge of said shade-trees where it is within 

 their powers to transfer such duties, by ordinance or otherwise. 



Sec. 2. Sections 6, 7, 8, 9, 10 and 11 of Chapter 53 of the 

 Revised Laws are hereby repealed. 



R. L., Ch. 11, Section 334. Every town at its annual meeting 

 shall in every year, except as is otherwise provided in the fol- 

 lowing section and in Sections 339 and 341, choose from the in- 

 habitants thereof the following named town officers, who shall 

 serve during the year: .... a tree warden. 



R. L., Ch. 53, Section 12 {as amended by Chap. 296, Acts of 1908, 

 Section 2, and Chap. 321, Acts of 1910). The tree warden may 

 appoint and remove deputy tree wardens. He and they shall re- 

 ceive such compensation as the town determines, or, in default 

 thereof, as the selectmen allow. He shall have the care and con- 

 trol of all public shade-trees in the town, except those in public 

 parks or open places under the jurisdiction of the park com- 

 missioners, and of those, if so requested in writing by the park 

 commissioners, and shall enforce all the provisions of law for 

 the preservation of such trees. He shall expend all money appro- 

 priated for the setting out and maintenance of such trees, but 

 no trees shall be planted within the limits of a public way with- 

 out the approval of the tree warden, and until a location therefor 

 has been obtained from the selectmen, or from the road commis- 

 sioners where authority has been vested in them. Regulations 

 for the care and preservation of public shade-trees made by him, 



