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5. Severing and carrying away from any freehold, any property or thing attached thereto, of the value of twenty-five dollars or less, under such circumstances as would render the trespass a larceny if the thing so severed or carried away was personal property;

Shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one hundred and fifty dollars, or by both such fine and imprisonment.

Section 3. *



The said commissioners of highways of the several towns in this state are hereby authorized to expend a part of the highway tax levied in their road districts, in planting shade trees upon the public greens or squares in said towns, provided the roads are always kept in good repair.


'AN ACT to authorize the planting of shade trees along highways of this state.

Section 1. All persons owning lands fronting upon any highway (except in cities and incorporated villages), may make and have sidewalks along such land in the highway, and may plant and have shade trees along the road side of such sidewalks; such sidewalks, with shade trees, shall not extend more than six feet in width from the outward line of such highway to the line of the center of such shade trees; provided such highway is not more than three rods wide. In all cases where the highway is more than three rods wide, the central line of the center of such shade trees may be extended into the highway, from its outward line, a distance equal to one-fifth part of the width of such highway; provided such central line shall, in no case, exceed eleven

feet from the said outward line of such highway; and for the protection of such walks or trees they may also construct a railing of one bar, of not more than three and a half feet in height, with posts and with openings at convenient distances, so as, in nowise, to prevent foot passengers from using such walks, upon the road side adjacent and within two and a half feet of such trees, or, if there are no trees, then upon the road side of such sidewalks, on the same line on which trees may be planted as herein before provided. But no trees of the kinds named in chapter three hundred and twenty-two of the laws of eighteen hundred and sixty-nine shall be planted nearer together than is therein provided.

CHAPTER 322, LAWS OF 1869.

AN ACT to encourage the planting of shade trees along the sides of public highways.

Section 1. Any inhabitant liable to highway tax who shall transplant by the side of the public highway any forest shade trees, or fruit trees, of suitable size shall be allowed by the overseers of highways in abatement of his highway tax, one dollar for every four trees set out; but no row of elms shall be placed nearer than seventy feet; no row of maples or other forest trees nearer than fifty feet, except locust, which may be set thirty feet apart; fruit trees must also be set at least fifty feet apart; and no allowance, as before mentioned, shall be made, unless such trees shall have been set out the year previous to the demand for said abatement of tax, and are living and well protected from animals at the time of such demand.

Section 2. Any trees transplanted by the side of the public highways, as aforesaid, in the place of trees which have died, shall be allowed for in the same manner and in the same conditions as in the preceding section.

Section 3. No person shall be allowed an abatement of his highway taxes, as aforesaid, more than one quarter of his annual highway tax, and no one shall receive any abatement of tax for trees transplanted previous to the passage of this act.

CHAPTER 215, LAWS OF 1875.

AN ACT to prevent the mutilation of shade trees.

Section 1. It shall be unlawful for any person or persons whatsoever, in this state, to hitch any horse or other animal to, or leave the same standing near enough to, to injure any fruit or forest tree that has been transplanted or used as a shade or ornamental tree around any school-house, church or public building, or along any public highway, or to cut down or mutilate, in any way, any such ornamental or shade trees; but the right of property owners along highways to cultivate, train and use the shade trees shall not be impaired or abridged hereby.

Section 2. Any person or persons guilty of violating the provision of section one of this act shall be liable to prosecution by any person, before any justice of the peace in the town where the offence is committed, and punishable by a fine not exceeding ten dollars, nor less than one dollar, besides the costs of action for each offence or for each tree cut down, or mutilated in violation of the provisions of this act; and every such penalty, when collected, shall be paid by the justice, one half to the overseer of the poor of the town in which recovery was had, and remainder to complainant, and the same process and means for the collection of the penalties imposed by this act may be issued and had as are now allowed by law for the collection of damages in actions of tort, but no provision of this act shall operate to interfere with any ordinance of the incorporation of villages and cities of this state, intended to secure the protection of shade trees therein.

CHAPTER 196, LAWS OF 1888.

AN ACT to encourage arboriculture.

Section 1. The Friday following the first day of May in each year shall hereafter be known throughout this State as Arbor Day.

Section 2. It shall be the duty of the authorities of every public school in this State, to assemble the scholars in their charge on that day in the school building, or elsewhere, as they may

deem proper, and to provide for and conduct under the general supervision of the city superintendent or the school commissioner, or other chief officers having the general oversight of the public schools in each city or district, such exercises as shall tend to encourage the planting, protection and preservation of trees and shrubs, and an acquaintance with the best methods to be adopted to accomplish such results.

Section 3. The State superintendent of public education shall have power to prescribe from time to time, in writing, a course of exercises and instruction in the subjects herein before mentioned, which shall be adopted and observed by the public school authorities on Arbor Day, and upon receipt of copies of such course, sufficient in number to supply all the schools under their supervision, the school commissioner or city superintendent aforesaid shall promptly provide each of the schools under his or their charge with a copy, and cause it to be adopted and observed.




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