SHADE TREES, PARKS, AND COMMONS.
The law of the Commonwealth not only requires the public ways to be
kept safe and convenient, but of late years statutes have been
passed allowing owners of land, improvement societies, cities and
towns, to do something to beautify the roadsides and public squares
of any city or town. A city or town may grant or vote a sum not
exceeding fifty cents for each of its ratable polls in the preceding
year, to be expended in planting, or encouraging the planting by the
owners of adjoining real estate, of shade trees upon the public
squares or highways.[27] Such trees may be planted wherever it will
not interfere with the public travel or with private rights, and
they shall be deemed and taken to be the private property of the
person so planting them or upon whose premises they stand.[28]
[27] St. 1885, c. 123.
[28] Pub. St. c. 54, Sec. 6.
Improvement societies, properly organized for the purpose of
improving and ornamenting the streets and public squares of any city
or town by planting and cultivating ornamental trees therein, may be
authorized by any town to use, take care of, and control the public
grounds or open spaces in any of its public ways, not needed for
public travel. They may grade, drain, curb, set out shade or
ornamental trees, lay out flower plots, and otherwise improve the
same; and may protect their work by suitable fences or railings,
subject to such directions as may be given by the selectmen or road
commissioners. And any person who wantonly, maliciously, or
mischievously drives cattle, horses, or other animals, or drives
teams, carriages, or other vehicles, on or across such grounds or
open spaces, or removes or destroys any fence or railing on the
same, or plays ball or other games thereon, or otherwise interferes
with or damages the work of such corporation, is subject to a fine
not exceeding twenty dollars for each offence, for the benefit of
the society.[29]
[29] St. 1885, c. 157.
It is also a legal offence for any one wantonly to injure or deface
a shade tree, shrub, rose, or other plant or fixture of ornament or
utility in a street, road, square, court, park, or public garden, or
carelessly to suffer a horse or other beast driven by or for him, or
a beast belonging to him and lawfully on the highway, to break down
or injure a tree, not his own, standing for use or ornament on said
highway.[30] And no one, even if he be the owner of the land, has the
right to cut down or remove an ornamental or shade tree standing in
a public way, without first giving notice of his intention to the
municipal authorities, who are entitled to ten days to decide
whether the tree can be removed or not. And whoever cuts down or
removes or injures such tree in violation of the law shall forfeit
not less than five nor more than one hundred dollars for the benefit
of the city or town wherein the same stands.[31]
[30] Pub. St. c. 54, Secs. 7, 8.
[31] Pub. St. c. 54, Secs. 10, 11.