220 
PARK AND CEMETERY 
must have an important bearing on the public mind. 
To such an extent is the sentiment in favor of this 
movement now prevalent, that it becomes a failure of 
duty in any community not to immediately take ad- 
vantage of the incentive to be acquired through the 
literature of the League now to be obtained. It is an 
education in the cause of improvement of more than 
passing value, and it can be readily secured by address- 
i ig the Secretary at Springfield, O. 
THE NEW HAMPSHIRE TREE LAW, 
The following act, discussed on the preceding- 
page, was passed by the New Hampshire Legislat- 
ure, March 22, 1901 : 
Section i. Ma3^ors of cities and selectmen of 
towns shall, immediateh' upon the passage of this 
act, and annually thereafter, appoint one or more 
tree wardens, who shall be discreet persons, resi- 
dent of the city or town where appointed, interested 
in the planting, pruning and preservation of shade 
and ornamental trees in public ways and grounds, 
whose business it shall be to perform the duties 
hereinafter specified, and shall be allowed such com- 
pensation for their services and expenses as the 
mayor or selectmen may deem reasonable. 
Sect. 2. Towns and cities shall have control of 
all shade and ornamental trees situated in any pub- 
lic way or ground within their limits, which the 
tree warden deems reasonably necessary for tbe 
purpose of shade and ornamentation ; and it shall be 
the duty of the tree wardens as soon as possible af- 
ter their appointment, to carefully examine the 
trees, situated as aforesaid, and to plainly mark such 
trees as they think should be controlled by their 
municipalit}", for the purposes aforesaid, by driving 
into each tree, at a point not less than three nor 
more than six feet from the ground, on the side to- 
ward the highway, a nail or spike, with the letters 
“N. H.” cut or cast upon the head. Said spikes or 
nails shall be procured by the secretary of the for- 
estry commission, and furnished by him to said of- 
ficers as maj" be required by them for the purposes 
of this act, at a cost not to exceed $500 a year. If 
any of the nails or spikes shall be destroyed or de- 
faced, it shall be tbe duty of the warden to renew 
them as soon as possil)le after he is informed or dis- 
covers that they have been removed. They shall 
also have the power to designate from time to time, 
in the same manner as hereinbefore directed, such 
other trees within the limits of the public ways and 
grounds as in his judgment should be preserved for 
ornament or shade. 
Sect. 3. If any of the trees designated as afore- 
said should prove to be private property, and the 
owners thereof refuse to release or convey their in- 
trest therein to the municipality, the tree warden 
shall acquire them for the use of the city or towns. 
by purchase, if it can be done at a fair price. Fail- 
ing in this he may, on petition for that purpose, ac- 
(juire them in the same way and manner and with 
the same right or appeal to their owners as in the 
case of land taken for a highway. 
Sect. 4. Towns and cities may annually appropri- 
ate money not exceeding in the aggregate fifty cents 
for each of their ratable polls in the preceding year, 
to be used by the tree warden in planting, pruning, 
protecting, and whenever necessary, acquiring', 
shade and ornamental trees within the limits of 
their public ways and grounds. 
Sect. 5. Whoever desires the cutting and re- 
moval in whole, or in part, of any public shade or 
ornamental tree, may apply to the tree warden, who 
shall give a public hearing, upon the application, at 
some suitable time and place, after duly publishing 
and posting notices of the hearing in two or more 
public places in town, and also upon the tree or 
trees, which it is desired to cut anl remove, provided 
however, that the tree warden may, if he deems it 
expedient, grant permission for such cutting or re- 
moval, without a hearing, if the tree or trees in ques- 
tion, is on a public way outside of the residential 
part, of the town limits, such residential part to be 
determined by the tree warden. No tree within such 
residential limit shall be cut by the tree warden,, 
except to trim it, or removed by him, without a 
hearing, as aforesaid. The decision of the tree war- 
den shall be final. 
Sect. 6. It shall be unlawful to cut, destroy, in- 
jure, deface, or break any public shade or ornament- 
al tree, or to affix to any such tree, a play bill, pic- 
ture, announcement, notice, advertisement, or other 
device or thing, whether in writing or otherwise, or 
to paint or mark such tree, except for the purpose 
of protecting it, and under a written permit from 
the tree warden, or to negligently or carelessly suf- 
fer any horse or other beast, driven or being lawful- 
ly in a public way or place to break down, injure or 
dstroy a shade or ornamental tree, within the limits 
of said public way or place : or to negligently or 
willfulhq b^^ any other means, break down or injure 
any such tree. 
Sect. 7. Owners of land abutting on the high- 
ways, and all other persons are hereby prohibited 
from burning brush within or beside highways 
without first removing the brush such distance from 
the trees within the highway as not to endanger or 
injure them in any manner. 
Sect. 8. Persons violating any of the provisions 
of this act shall forfeit not less than five nor more 
than one hundred dollars to be recovered in an ac- 
tion of debt by the tree warden or any other person 
for the benefit of the town or city in which the tree 
is situated, or be fined not less than five or more 
than one hundred dollars. 
