272 SHADE-TREES IN TOWNS AND CITIES 



approved by the selectmen and posted in two or more public 

 places, imposing fines and forfeitures of not more than twenty- 

 dollars in any one case, shall have the force and effect of town 

 by-laws. All shade-trees within or on the limits of a public way 

 shall be public shade-trees; and when it appears in any civil 

 proceeding under process of law where the ownership of or rights 

 in the tree are material to the issue, that from length of time or 

 otherwise, the boundaries of the highway cannot be made certain 

 by the records or by monuments, and for that reason it is doubt- 

 ful whether the tree was within or without the limits of the high- 

 way, it shall be taken to have been within the limits of the high- 

 way until the contrary is shown. 



Sec. 13 {as amended by Chap. 296, Acts of 1908, Section 3). 

 Public shade-trees shall not be cut or removed, in whole or in 

 part, except by the tree warden or his deputy, or by a person 

 holding a license so to do from the tree warden, nor shall they 

 be removed by the tree warden or his deputy or other person 

 without public Tiearing at a suitable time and place, after notice 

 thereof posted in two or more public places in the town and upon 

 the tree and after authority granted by the tree warden therefor. 

 Whoever violates the provisions of this section shall forfeit not 

 less than five nor more than one hundred dollars to the use of 

 the town. 



Acts of 1908, Chap. 296, Section 4. Nothing in this act shall 

 be construed as applying to any highway now or hereafter within 

 the jurisdiction of the state highway commission. 



R. L., Ch. 25, Section 15. It (a town) may at legal meetings 



appropriate money for the following purposes: For 



planting shade-trees in the public ways or, at the discretion of 

 the tree warden and with the written consent of the owner 

 thereof, upon land adjoining such ways at not more than twenty 

 feet from the way for the purpose of shading or ornamenting the 

 way, an amount not exceeding fifty cents for each of its ratable 

 polls in the preceding year. 



Sec. 16. Towns may appropriate money to be expended under 

 the direction of the tree warden for exterminating insect pests in 



