STATE LAWS 131 
as previously stated; no contract of either character to be for a term of more 
than five years. Revenues derived from these uses shall be paid to the State 
treasury by the said land agent and forest commissioner and constitute a 
fund to be applied to the care and improvement of these lands or to the acqui- 
sition of other lands for similar purposes.—(Approved April 3.) 
CHAPTER 219. 
An Act for the Care and Preservation of Shade and Ornamental Trees. 
Section 1. All trees within or upon the limits of any highway marked as 
hereinafter provided are hereby declared to be public shade trees. The tree 
wardens in the several cities and towns, as soon as may be after they are ap- 
pointed as hereinafter provided, shall carefully examine the trees along the 
highways under their jurisdiction and plainly mark such trees as they con- 
sider should be controlled by the municipality. The forest commissioner shall 
furnish to the municipal officers of the several cities and towns, at cost, gal- 
vanized iron disks not more than one inch in diameter, which disks shall have 
stamped on them the letter “M.” Said disk shall be inserted in each tree, 
selected as above provided, at a point not less than three feet nor more than 
six feet from the ground on the side toward the highway. It shall be the 
duty of the tree warden, if any tree marked shall be destroyed or defaced, to 
renew or replace the same. 
Section 2. All public shade trees shall be under the care and control of 
park commissioners in cities and towns which now or hereafter may appoint 
such commissioners in accordance with sections eighty-four to ninety-three 
inclusive of chapter four of the revised statutes. As to all such trees said 
park commissioners shall have the powers and duties hereinafter conferred 
upon tree wardens. | 
Section 3. The municipal officers of cities and towns not having elected 
park commissioners as provided by sections eighty-four and ninety-three, 
inclusive, of chapter four of the revised statutes, may at any annual meeting 
or meetings called for that purpose appoint one or more tree wardens, who 
shall have the care and control of all public shade trees upon and along such 
highways and in the parks thereof and all streets within any village limits 
and shall enforce all laws relative to the preservation of the same. 
Section 4. Public shade trees may be trimmed, cut down, or removed by 
the owner of the soil only with the consent of a tree warden or park com- 
missioner, but such trees shall not be trimmed, cut down or removed in 
any case by a tree warden or park commissioner except with the consent of 
such owner. Nothing in this section, however, shall be construed to prevent 
the trimming, cutting or removal of trees where such trimming, cutting or 
removal is ordered by proper authority to lay out, alter or widen the location 
of highways, to lessen the danger of travel on highways or to suppress tree 
pests or insects. 
Section 5. Cities and towns may appropriate at any annual or special 
town meeting money not exceeding fifty cents for each taxable poll in each 
year to be used in making compensation to tree wardens, and in acquiring, 
planting, pruning and protecting shade trees. 
Section 6. Whosoever trims, cuts or otherwise defaces or destroys a 
publie shade tree or injures, defaces, or destroys any tree marker attached in 
