RELATING TO
Peed Od Rey:
| AND THE SUPPRESSION OF THE
| GYPSY AND BROWN-TAIL MOTHS
! RANE, STATE FORESTER

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Room 408, State House, Boston, Mass., U. S. A.

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PUBLICATION OF THIS DOCUMENT
APPROVED BY THE
SUPERVISOR OF ADMINISTRATION.

LIBRARY OF CONGRESS
RECEIVEn

MAY 141921

! DO@HMENTS DivisION
ER asemcesannetenen_

INTRODUCTION.

The last general edition of the forest laws of this Common-
wealth was issued in 1909. Our supply of the little blue
booklet in which these laws were contained has long since
been exhausted. Since that time both the fire laws and
gypsy moth laws have been amended, and special editions of
these laws have been published, but our supply of these, too,
has been used up. We do not include in this booklet the
forest taxation law, because this act is bound in a separate
pamphlet, and its inclusion in this booklet is unnecessary.
This publication does not contain the shade-tree baws of the
Commonwealth, although it might fittingly do so, because
the enforcement of these laws does not come within the
jurisdiction. of the~ State Forester. We are always glad,
however, to advise with any one in regard to these laws
and other shade-tree problems.

The chapter on the work of the Massachusetts forestry
department may help to make clear the meaning of the laws
on which our work is based.

F. W. RANE,
State Forester.
Juty 1, 1918.

Oe TE NY S:.

PAGE
Introduction - ; : ; 2 , : Peele:
Gypsy Moth ie caraatigs J ; , , , : ; 7
Forest Utilization : , : : : : : yet
Forest Fire Prevention . ; , : , . : Sa
General Forestry , . : s : : 5 - 210
State Forest Commission , : : : ‘ 3 #12
Massachusetts Forest Laws . 3 ; : 2 : oe ds
The State Forester A ; . : : ; : = a3
Reforestation f ‘ ; ‘ : : : LG
State Forest Games : : : ; ; ; a 19)
Town Forest Law F : . 5 : : : ek
Forest Fire Laws . ; 4 : : ‘ 726
Forest Wardens in Cities and eyes , 3 é : ie 25
Powers of Forest Wardens. f : ; : : ely
Setting of Fires in the Open Air. : ; . fp S38)
Disposal of Slash . 3 x P ‘ : . ¢ ag!
Exemplary Damages, etc. ‘ : : : : ‘ oe,
Lands adjoining Railroads. : : : F ; feos
Town Appropriations . ‘ 2 ; ‘ F : - 386
Use of Spark Arresters . . . f : : 2 NA
Close Season for Game . . ‘ ‘ P ; 5 ects
Punishable Offences : : ; ‘ ay too
Laws relating to Gypsy Moth ieoreaine : Bia?
Act to provide for Suppression of Gypsy and Browictal Moths WA?
Act relative to Abatement of Taxes i : 3 oR
Act to authorize Local Superintendents to furnish Lend P - 54:
Act to authorize Cities and Towns to suppress Tent Caterpillar,
etc. . ‘ : j Pe ies : i : ‘ SOO:

Act to authorize Cities and Towns to purchase Arsenate of
Lead : : 3 : : ¢ : ‘ ‘ 56

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THE MASSACHUSETTS FORESTRY DEPARTMENT.

The work of the State Forester is divided into four branches,
under separate administrative heads, as follows: gypsy moth,
forest fites, forestry, and forest utilization. We do not mean
to indicate that there is a distinct line of cleavage between
these four branches and that each works independently of
the other. The object of the State Forester, as stated by
law, is the perpetuation, extension, protection, and proper
management of the forest lands of the Commonwealth, both
public and private (Acts of 1904, chapter 409, section 2).
All of these branches work together to produce this result,
and their work must interlock, as their interests are united.

Gypsy Moth Suppression.

The law provides that each individual town shall care for
the suppression of the gypsy and brown-tail moths within its
borders through a local superintendent appointed by the
selectmen or mayors and approved by the State Forester.
In carrying out measures for such suppression, the local
superintendent acts under the direction of the State Forester,
his deputized assistant, and district superintendents. We
shall not go into detail in regard to the financing of this
work as provided by law as the details are somewhat com-
plicated. Suffice it to say that each town has a liability which
is one twenty-fifth of one per cent. of its valuation. This
sum, which amounts to only a few hundreds in small towns

8

and runs up to five thousand dollars in cities, the community —
must spend from its own funds, provided the conditions call
for it. Where amounts in excess of the liability are spent by
the towns, the whole or portion of said excess is reimbursed
by the State to the town, such reimbursement depending upon
the valuation of the town. Formerly such reimbursement
was paid in money, but now such payments are made as far
as possible in the form of supplies, as it has been found that -
the State can secure supplies cheaper than the towns and
thus the money goes further.

In combating insects the State forester is limited to work
against the gypsy and brown-tail moths. In regard to other
insects he can act only in an advisory capacity, and if towns
wish to combat such a pest they must do so at their own ex-
pense, through a special appropriation.

The State Forester is superintendent of moth work. He
has an assistant who supervises the work of the five district
moth superintendents. There is in addition a purchasing
agent, who looks after the buying and distribution of the
supplies used in the moth work and incidentally does the
same service for the other branches of the Department.

Forest Utilization.

Special conditions sometimes call for an effort not specifi-
cally provided for by law, and such is the work of this branch.
Owing to the depredations of the gypsy moth, a great deal
of the oak timber in the eastern part of the State has been
killed or partially killed, and the normal market for this
material was overflowed, with the result that much valuable
wood was going to waste because there was no profitable
outlet for it. Furthermore, it has been scientifically dem-

9

onstrated that mixed woodland which has not yet been
seriously infested can be in part protected by the removal of
the trees most susceptible to the gypsy moth. The condi-
tions that have come to pass in the oak woodlands of the
eastern part of the State are also present in the chestnut
stands of the central and western sections, because of the
effects of the bark disease. For the purpose of finding a mar-
ket for the unmarketable material, and to assist the owner in
getting this material ready for the market, this branch of the
work was organized. The utilization branch not only finds
the market for the private owner but supervises the opera-
tion of the woodlot, placing the contracts for cutting, milling,
etc., and selling the product. The owner, of course, pays all
the costs except the supervision. Although this branch is at
present chiefly interested in oak and chestnut and their prod-
ucts, the market information which it gathers extends to all
species of wood and classes of products. The advantage to
the Commonwealth of this work is that material which would
likely go to waste is placed upon the market, and that wood-
lot owners, receiving a better price for their product than
they were accustomed to receive, are encouraged to think
better of forestry as a woodland investment than they other-
wise would.

The forester in charge of this branch has two assistants,
one in the field and one in the office, besides several field
foremen who take charge of the cutting and logging opera-
tions on the estates under his care.

Forest Fire Prevention.

The work of fighting forest fires in each town is in the
hands of a local forest warden, who is appointed by the mayor
or selectmen with the approval of the State Forester. The

10

local wardens act under the general supervision of the State
Fire Warden and his district deputies. The entire expense of
fire fighting is borne by the towns, except in the case of rail-
road fires where they can collect from the corporation. The
State Fire Warden can, however, compensate certain small
towns for fifty per cent. of the value of fire-fighting equipment
which they purchase with his approval. Aside from the super-
vision of local wardens the efforts of the State fire service are
directed towards the -prevention and quick detection of
fires. The first line of work is carried out by the publishing
of the fire laws on posters and by other means, the inspection
of spark arresters on locomotives and the clearing of rights
of way. The second is secured by a complete system of
fire watch towers, now numbering thirty-six, which are con-
nected by telephone with the local wardens in their district.
Watchmen are maintained in these towers for about six or
seven months in the year.

This Department maintains two fire trucks in the central
and western parts of the State for use at fires which have got
beyond the control of the local authorities.

The State Forester, as head of the fire service, deputizes
his powers to a State Fire Warden, who has the assistance of
fire district wardens and the watchmen mentioned above.

General Forestry.

We have left this branch until the last for under it are gath-
ered a variety of activities which the other branches with
their more definite work do not touch. It is a sort of general
utility branch. The work of this branch may be subdivided
into five lines, although these lines do not necessarily cover

11

all its work, for special temporary activities are placed upon
it from time to time.

(a) Reforestation. — Under the reforestation law (Acts of
1907, chapter 487) owners of cut-over and waste land who
wish to have it reforested can turn over their land to the
State Forester for a period of ten years. At the expiration
of this period the owner can reclaim his land by paying what
the Department has laid out upon it for planting and other
work. To date one hundred and fifty plantations, amounting
to six thousand acres, have been reforested under the terms
of this law.

(b) State Nurseries. — This branch maintains two prin-
cipal and three sub or transplant nurseries for the propaga-
tion of forest planting stock. This stock is grown, first, for
use of the Department for planting on reforestation lots
and State forests; second, for use by other State depart-
ments; third, for municipalities; and last, for sale at cost
to private owners.

(c) Examination. — The forest law provides that any
owner of woodland may call on the State Forester for an
examination of his woodland or trees. The cost of such an
examination to the owners covers the traveling expenses of
the visiting forester. The subjects covered in such examina-
tions range from an estimate of timber to the identification of
a disease on a tree or shrub.

(d) State Forests. — Under the law the State forests pur-
chased by the State Forest Commission are turned over to
the State Forester for administration. As the Legislature
has made no special appropriation for this purpose, the
amount of work done along this line is limited, but consid-
erable has been done in the construction of fire lines, wood
roads, and planting.

12

(e) Educational Work. — This is carried on by the publica-
tion of bulletins, the dissemination of newspaper articles, the
arrangement of exhibits at fairs, and other public celebra-
tions, through correspondence, and by personal interviews.

There is an assistant forester in charge of the work in this
Department and two other foresters, one of whom is located
at Springfield. There are three nursery foremen and three
field foremen, who are permanent employees.

State Forest Commission.

Although this department is not a part of the State For-
ester’s office, it is so closely associated with it that a review
of this kind would not be complete unless it were mentioned.
Upon this commission is placed the duty of selecting and pur-
chasing large areas of waste land at prices not to exceed five
dollars per acre for reforestation and management on the
part of the State Forester. He is, in fact, one of the three
commissioners. They have only one permanent employee,
an engineer, who carries out the directions of the commission
in getting together the land and making the necessary sur-
veys. There are at present four State forest reservations,
containing in all about eleven thousand acres.

13

MASSACHUSETTS FOREST LAWS.

GENERAL FORESTRY.

The State Forester.

1904, 409, sect. 1, as amended, 1907, 473, 1909, 263, and
G. A. 1917, 63. The governor, with the consent of the council,
shall appoint an officer to be known as the state mnnninitinas
forester, and shall determine his salary. He paar aga
shall be a trained forester who has had a tech- y
nical education. He shall act for the commonwealth in
suppressing the gypsy and brown-tail moths as public nui-
sances. The governor may, with the consent of the council,
remove the state forester at any time for such cause as he
shall deem sufficient. In case of the death, removal or resigna-
tion of the state forester the governor shall forthwith appoint
a successor. The state forester shall be furnished with an
office in the state house and may expend for the services of
clerks, stenographers and other office assistants, for travel-
ling expenses necessarily incurred in the discharge of his
duties, for office supplies, and for incidental expenses, in-
cluding the printing and binding of his annual report, such
sums as the general court shall annually appropriate. The
office of superintendent for suppressing the gypsy and brown-
tail moths is hereby abolished. All the powers, rights, duties
and liabilities of the said superintendent are hereby trans-
ferred to the state forester. No existing contracts, proceed-

14

ings or liabilities shall be affected hereby, but the state forester
shall in all respects and for all purposes be the lawful suc-
cessor of the superintendent for suppressing the gypsy and
brown-tail moths.

1904, 409, sect. 2. It shall be the duty of the state forester
to promote the perpetuation, extension and proper manage-
Duties of | ment of the forest lands of the commonwealth,
stateforester. 11h ‘public and private. He may upon suitable
request give to any. person owning or controlling forest lands
aid or advice in the management thereof. He shall give such
a course of instruction to the students of the Massachusetts
Agricultural College on the art and science of forestry as may
be arranged for by the trustees of the college and the forester;
and shall perform such other duties from time to time as
may be imposed upon him by the governor and council. The
state forester shall have the right to publish the particulars
and results of any examination or investigation made by him
or his assistants as to any lands within the commonwealth,
and the advice given to any person who has applied for
his aid or advice. Any recipient of such aid or advice shall
be liable to the state forester for the necessary expenses of
travel and subsistence incurred by him or his assistants.
The state forester shall account for moneys received under
this clause according to the provision of section five.

1904, 409, sect. 3. The state forester may establish and
maintain nurseries for the propagation of forest tree seed-
Establishment lings upon such lands of the commonwealth, at
of nurseries. the Massachusetts Agricultural College at Am-
herst, or at any other state institution, as the superintendent
or trustees of the institution may set apart for this purpose.
Superintendents of institutions where land is set apart for
this purpose may furnish free of cost the labor of their inmates

15

necessary to establish and maintain the said nurseries. Seed-
lings from these nurseries shall be furnished to the com-
monwealth without expense for use upon reservations set
aside for the propagation of forest growths for other than
park purposes. All stock grown in nurseries established under
the provisions of this act shall be used within the limits of
the commonwealth and shall be furnished to state institu-
tions free of charge. The state forester may distribute seeds
and seedlings to land owners, citizens of the commonwealth,
under such conditions and restrictions as he may determine,
subject to the approval of the governor and council.

1904, 409, sect. 4. The state forester is hereby empowered,
subject to the approval of the governor and council, to hire
such assistants as he may need in the perform- Forestry
ance of his duties, and to fix their salaries. sur ag

1904, 409, sect. 5. The state forester shall annually, on
or before the thirty-first day of December, make a written
report to the general court of his proceedings Forester’s
for the year ending on the thirty-first day of T?°T*
December, together with such recommendations as he may
deem proper, and with a detailed statement of the receipts
and expenditures incident to the administration of his office.

1904, 409, sect. 6, as amended, 1907, 473, sect 2. Such
sums as the general court shall authorize may be expended
annually by the state forester, with the approval Expendi-
of the governor and council, in carrying out the aig
provisions of this act.

1911, 722, sect. 1. The state forester is hereby empowered
to appoint an assistant to be known as the state fire warden,
whose special duty it shall be to aid and advise Appoint-
the forest wardens and their deputies in towns bayer tala
and the municipal officers exercising the functions ¥@"4e?-

16

of forest wardens in cities, in preventing and extinguishing
forest fires and in enforcing the laws relative to forest fires,
and may from time to time designate not more than fifteen
deputies to aid such state fire warden in the discharge of his
duties.

1911, 722, sect. 2. The state fire warden appointed under
the terms of section one shall report annually upon his work
Annual and upon the forest fires occurring in the com-
naeere: monwealth, and his report shall be included in
and be printed as a part of the state forester’s annual report.

1911, 722, sect. 3. The deputies of the fish and game com-
missioners shall report to the state fire warden the situation
Reports and extent of any forest fire occurring within
deputies of the district to which they are assigned, and
gamecom- they shall report to him monthly their doings
missioners. nder chapter two hundred and ninety-nine of
the acts of the year nineteen hundred and seven.

Reforestation.

1908, 478, sect. 1, as amended, 1909, 214. For the purpose
of experiment and illustration in forest management and for
Purchase of the purposes specified in section seven of this act,
= the sum of five thousand dollars may be expended
in the year nineteen hundred and eight, and the sum of ten
thousand dollars annually thereafter, by the state forester,
with the advice and consent of the governor and council, in
purchasing lands situated within the commonwealth and
adapted to forest production. The price of such land shall not
exceed in any instance five dollars per acre, nor shall more
than eighty acres be acquired in any one tract in any one year,

Ld

except that a greater area may so be acquired if the land pur-
chased directly affects a source or tributary of water supply
in any city or town of the commonwealth. All lands acquired
under the provisions of this act shall be conveyed to the
commonwealth, and no lands shall be paid for nor shall any
moneys be expended in improvements thereon until all
instruments of conveyance and the title to be transferred
thereby have been approved by the attorney-general and
until such instruments have been executed and recorded.

1908, 478, sect. 2. The owners of land purchased under
this act, or their heirs and assigns, may repurchase the land
from the commonwealth at any time within ten Repurchase
years after the purchase by the commonwealth, PY °¥™**
upon paying the price originally paid by thé commonwealth,
together with the amount expended in improvements and
maintenance, with interest at the rate of four per cent per
annum on the purchase price. The state forester, with the
approval of the governor and council, may execute in behalf
of the commonwealth such deeds of reconveyance as may be
necessary under this section: provided, however, that there
shall be included in such deeds a restriction requiring that
trees cut from such property shall not be less than eight inches
in diameter at the butt.

1908, 478, sect. 3. The state forester may in his discretion,
but subject to the approval of the deed and title by the attor-
ney-general as provided in section one, accept on Gifts of
behalf of the commonwealth gifts of land to be #"*
held and managed for the purpose hereinbefore expressed. A
donor of such land may reserve the right to buy back the land
in accordance with the provisions of section two, but in the

18

absence of a provision to that effect in his deed of gift he shall
not have such right.

1908, 478, sect. 4. Land acquired under the provisions of
this act shall be under the control and management of the
Control and state forester, who may, subject to the approval
management. of the governor and council, cut and sell trees,
wood and other produce therefrom.

1908, 478, sect. 5. All moneys received by or payable to
the commonwealth or any one acting on its behalf under the
provisions. of this act shall be paid into the treasury of the
commonwealth.

1908, 478, sect. 6. Land acquired under the provisions of
this act and subsequently reconveyed under the provisions of
sections two or three shall not be exempt from
taxation on account of any plantation of trees
set out or planted while it was held by the commonwealth.

1908, 478, sect. 7. For the purpose of assisting in re-
forestation a portion, not exceeding twenty per cent of the
Distribution Money authorized by this act to be expended
of seeds and may be used by the state forester for the dis-
seedlings. : 5

tribution at not less than cost of seeds and seed-
lings to land owners who are citizens of the commonwealth,
under such conditions and restrictions as the state forester,
subject to the approval of the governor and council, may
deem advisable.

1908, 478, sect. 8. The state forester shall replant or other-
wise manage all land acquired by the commonwealth and
held by it under the provisions of this act, in such manner as
will, in his judgment, produce the best forest growth both as
to practical forestry results and protection of water supplies.

1908, 478, sect. 9. All acts and parts of acts inconsistent
herewith are hereby repealed.

Taxation,

19

1910, 153, sect. 1. The state forester, with the approval of
the governor and council, is hereby authorized to accept,
on behalf of the commonwealth, bequests or Acceptance
gifts to be used for the purpose of advancing the a a yy
forestry interests of the commonwealth, under F¢st¢r-
the direction of the governor and council, in such manner
as to carry out the terms of the bequest or gift.

1908, 121. Resolved, That such publications of the state
forester as shall be designated by the governor and couneil
may be sold by the state forester at a price not Forestry
less than the cost thereof; and additional copies P??U*#tons-
may be printed for sale at the discretion of the governor and
council, the expense thereof to be paid from the receipts from
such sales. Any amounts received from such sales shall be
paid into the treasury of the commonwealth.

State Forest Commission,

1914, 720, sect. 1. There is hereby established a state
forest commission, to be composed of three persons, one of
whom shall be the state forester and two other
members who shall be appointed by the gov-
ernor, with the advice and consent of the council, and who
shall serve without compensation. The term of office of the
appointive members of the commission shall be six years,
except that when first appointed one of the members shall be
appointed for six years and one for three years. Thereafter
one member shall be appointed every third year.

1914, 720, sect. 2. The commission shall have power to
acquire for the commonwealth by purchase or otherwise, and
to hold, woodland or land suitable for timber
cultivation within the commonwealth. The com-

Appointment,

Powers.

20

mission may, after a public hearing, sell or exchange any
land thus acquired which in the judgment of the commission
can no longer be used advantageously for the purposes of this
act. The average cost of land purchased by the commission
shall not exceed five dollars an acre.

1914, 720, sect. 8. Lands acquired under the provisions of
this act shall be known as state forests and shall be under the
» control and management of the state forester.

ontrol and

management He shall proceed to reforest and develop such
of lands.

lands and shall have power to make all reason-
able regulations which in his opinion will tend to increase the
public enjoyment and benefit therefrom and to protect and
conserve the water supplies of the commonwealth. The
state forester shall keep and publish in his annual report an
account of all money invested in each state forest and of the
annual income and expense thereof.

1914, 720, sect. 4. In the reforestation, maintenance and
development of lands purchased under this act, the state
Laboron _ forester, so far as is practicable, shall obtain the
coreete labor necessary therefor under the provisions of
chapter six hundred and thirty-three of the acts of the year
nineteen hundred and thirteen, and acts in amendment thereof
and in addition thereto.

1914, 720, sect. 5. Land acquired under the provisions of
this act shall be exempt from taxation; but the commonwealth
Exempt from Shall reimburse cities and towns in which such
taxation. —~_Jands are situated for taxes lost by reason of their
acquisition, in the same manner and to the same extent as in
the case of lands acquired for public institutions under the
provisions of chapter six hundred and seven of the acts of the
year nineteen hundred and ten.

21

1914, 720, sect. 6. The sum of ten thousand dollars may be
expended during the present year and the sum of twenty
thousand dollars may be expended annually for appropria-
the four succeeding years by the state forest com- “°?*
mission in the acquisition of lands under the provisions of
this act: provided, that the said commission may, at its
discretion, authorize the state forester to expend a part of
said sum in the maintenance of said lands. If any part of
said twenty thousand dollars remains unexpended at the
close of any year, the balance may be expended in the follow-
ing year. The said commission may also expend not more
than five hundred dollars annually for its necessary expenses
jncurred in carrying out the provisions of this act.

Town Forest Law.

Be it enacted, etc., as follows:

1913, 564, sect. 1. Section twenty-three of chapter twenty-
eight of the Revised Laws is hereby amended by striking out
the word ‘‘a’”’, before the word “‘town’’, in the second line,
and inserting in place thereof the words:—an annual, —
by inserting after the word “therefor’’, in the eighth line,
the words:— but the indebtedness so incurred shall be
limited to an amount not exceeding one half of one per cent
of the last preceding assessed valuation of the city or town,
—and by striking out the words ‘commonwealth for the
benefit of the”’, in the eleventh line, so as to read as fol-
lows: — Section 23. A town, by a vote of two thirds of the
legal voters present and voting at an annual Public
town meeting, or a city in which the city council fon
consists of two branches, by a vote of two thirds of the mem-

22

bers of each branch, and a city in which there is a single
legislative board, by a vote of two thirds of the members
thereof, present and voting thereon, may take or purchase
land within their limits, which shall be a public domain, and
may appropriate money and accept gifts of money and land
therefor; but the indebtedness so incurred shall be limited to
an amount not exceeding one half of one per cent of the last
preceding assessed valuation of the city or town. Such
public domain shall be devoted to the culture of forest trees,
or to the preservation of the water supply of such city or
town and the title thereto shall vest in the city or town in
which it lies.

1913, 564, sect. 2. Said chapter twenty-eight is hereby
further amended by striking out section twenty-five and
inserting in place thereof the following: — Section 25. The
city or town forester in each city or town, with one or more
keepers appointed by him, shall have the management and
ie iteee charge of all such public domain in that city or
regarding town, and within such public domain shall have
pest the powers of constables and police officers in
towns. But a town by a vote of two thirds of the legal voters
present and voting at an annual town meeting, or a city in
which the city council consists of two branches, by a vote of
two thirds of the members of each branch, and a city in
which there is a single legislative board, by a vote of two
thirds of the members thereof present and voting thereon,
may place all such public domain within its limits under
the general supervision and control of the state forester, who
shall thereupon, upon notification thereof, make regulations
for the care and use of such public domain and for the plant-
ing and cultivating of trees therein, and the city or town

~~

23

forester in such case and his keepers, under the supervision
and direction of the state forester, shall be charged with the
duty of enforcing all such regulations and of performing such
labor therein as may be necessary for the care and main-
tenance thereof; and within such public domain shall have
the powers of constables and police officers in towns.

1913, 564, sect. 3. Said chapter twenty-eight is hereby
further amended by striking out section twenty-six and
inserting in place thereof the following: — Sec- May lease
tion 26. Any such city or town may lease any cam
building on a public domain, and shall apply all sums de-
rived from rents or from the sale of the products of any
such domain, so far as may be necessary, to the management
thereof.

1913, 564, sect. 4. Said chapter twenty-eight is hereby
further amended by striking out section twenty-seven and
inserting in place thereof the following: — Section 27. Any
city or town in which such a public domain is situated may
erect thereon any building for public instruction May erect
or recreation: provided, that if such public do- "48°
main has been placed under the supervision and control of
the state forester, under the provisions of this act, no such
building shall be erected unless his approval shall first be
obtained.

1913, 564, sect. 5. Said chapter twenty-eight is hereby
further amended by striking out section twenty-nine and
inserting in place thereof the following: — Section 29. For
the purpose of defraying the expenses incurred under the
provisions of the six preceding sections any city or town may
issue from time to time, and to an amount not exceeding the
sum actually expended for the taking or purchase of lands for

24

such public domain, bonds or notes. Such bonds or notes
shall be denominated on the face thereof, City or Town of

, Public Domain Loan, Act of 1913; shall be
payable by such annual payments, beginning not more
than one year after the date thereof, as will extinguish each
How loan within thirty years from its date; and the
gan amount of such annual payment of any loan in
any year shall not be less than the amount of the principal
of said loan payable in any subsequent year. Each author-
ized issue of bonds or notes shall constitute a separate loan.
The bonds or notes shall bear interest at a rate not exceeding
four and one half per cent per annum, payable semi-annually;
and shall be signed by the treasurer and countersigned by
the mayor of the city or, in the case of the town, shall be
signed by the treasurer and countersigned by the selectmen.
The city, by its mayor and treasurer, and the town, by its
selectmen and treasurer, may sell such bonds or notes at
public or private sale, upon such terms and conditions as
they may deem proper, but the bonds or notes shall not be
sold for less than their par value; and the proceeds shall be
used only for the purposes herein specified.

1913, 564, sect. 6. The city or town shall at the time of
authorizing said loan or loans provide for the payment
thereof in accordance with the foregoing provisions of this
Assessment act; and when a vote to that effect has been
2 passed by the city council, or at any annual town
meeting, a sum which will be sufficient to pay the interest as
it accrues on the bonds or notes issued as aforesaid by the
city or town, and to make such payments on the principal as
may be required under the provisions of this act, shall,
without further vote, be assessed by the assessors of the city

25

or town annually thereafter, in the same manner in which
other taxes are assessed, until the debt incurred by said loan
or loans is extinguished.

FOREST FIRE LAWS.

Forest Wardens in Cities and Towns.

R. L. 32, sect. 16, as amended, 1907, 475, sect. 1, and
1913, 600. The mayor and aldermen in cities and the select-
men in towns shall annually, in January, appoint Appoint-

_a forest warden, and they shall forthwith give pen
notice of such appointment to the state forester. ¥8"4°s-
The appointment of a forest warden shall not take effect
unless approved by the state forester, and when so approved
notice of the appointment shall be given by the mayor and
aldermen or by the selectmen to the person so appointed
and approved. Whoever having been duly appointed fails
within seven days after the receipt of such notice to file with
the city or town clerk his acceptance or refusal of the office
shall, unless excused by the mayor and aldermen or by the
selectmen, forfeit ten dollars. Nothing in this act or in any
other act shall be construed to prevent the offices of tree
warden, selectman, chief of fire department and forest warden
from being held by the same person.

1907, 475, sect. 2. The forest warden shall take precautions
to prevent the spread of forest fires and the improper kindling
thereof, and shall have sole charge of their extinguishment.
He shall investigate the causes and extent of Deki os
forest fires and the injury done thereby, the forest

wardens.
values of forest lands, the character and extent
of wood-cutting operations, the prevalence of insect pests

26

injurious to forest growth, and other matters affecting the
extent and condition of woodlands in his city or town, and
shall report thereon to the state forester at such times and in
such form as the state forester may require. He shall also
post in suitable places in the city or town such warnings
against the setting of forest fires and statements of the law
relating thereto as may be supplied to him by the state
forester. The engineers of fire departments in cities and
in towns in which a fire department exists and which have
so voted shall perform the duties and exercise the powers
of forest wardens with respect to forest fires.

R. L. 32, sect. 20, as amended, 1907, 475, sect. 3. The
forest warden may appoint deputies to assist him in the per-
Appelatneat formance of his duties and may discharge the
= Pye same, and he or his deputies may, if in their
tion of men judgment there is danger from a forest fire, em-
and property. : ; 5

ploy assistance or require any male person in
their city or town between the ages of eighteen and fifty years
to aid in its extinguishment or prevention, and may require
the use of horses, wagons and other property adapted to that
purpose, and shall keep an account of the time of all persons
assisting them and a schedule of all property so used.

1907, 475, sect. 4. The state forester shall from moneys
annually appropriated for the expenses of his office recom-
d pense the forest wardens for the time spent by
tion of forest them in making investigations under his direction
wardens. : = é 5

according to the provisions of section two of this
act: provided, that the state forester shall not be liable to
make any such payment except upon the presentation of a
duly itemized account, or to pay for such investigations at a
rate greater than that of thirty-five cents an hour, or in excess
of the appropriation available for such payment.

27

1907, 475, sect. 6. Forest wardens, their deputies and
assistants shall not be liable for trespass while act- Liability for
ing in the reasonable performance of their duties. °*?***:

1907, 475, sect. 7. Whoever wilfully and maliciously
tears down or destroys any notice posted under Destruction
the provisions of section two of this act shall be °#"°™°t#**
punished by a fine of ten dollars.

1907, 475, sect. 8. The state forester may from moneys
appropriated annually for the expenses of his office expend a
sum not exceeding two thousand dollars in making Forestry
necessary arrangements for conventions of forest °°""°™%°25-
wardens and in paying wholly or in part the travelling ex-
penses to and from their towns of such forest wardens as
attend this convention: provided, that no moneys shall be
expended under authority of this section in paying the trav-
elling expenses of any one warden to or from more than one
convention in any one year; and provided, further, that said
conventions shall be held at a place within the commonwealth.

Powers of Forest Wardens in Fighting Fires, and to
call for Assistance.

R. L. 32, sect. 19, as amended, 1907, 475, sect. 5. Ifa
fire occurs in woodland, two or more of the forest wardens of
the town, or of a town containing woodland Back fires in
which is endangered by such fire, who are pres- %°°7#"4*
ent at a place in immediate danger of being burned over,
may set back fires and take all necessary precautions to pre-
vent the spread of the fire.

R. L. 32, sect. 21. Whoever wilfully refuses or neglects,
without sufficient cause, to assist, or to allow the use of his
horses, wagons or other property as required by Penalty for
the preceding section, shall, for each offence, be sine 44¢-

28

punished by a fine of not less than five nor more than one
hundred dollars, to be equally divided between the com-
plainant and the town, and may also be imprisoned for not
more than sixty days.

R. L. 32, sect. 23. Payment shall be made to forest wardens,
to their deputies, and to the persons assisting them, and for
Rate of property used under their direction at a forest
payment. fire, at a rate prescribed by the town, or in de-
fault of its action thereon, by the selectmen. No such pay-
ment shall be made until an itemized account, approved by
the forest wardens under whose direction the work was done
or assistance furnished, shall have been filed with the officer
making payment. ;

R. L. 32, sect. 25. Money appropriated by a town under
the provisions of section seventeen of chapter twenty-five,
Expenditures for the prevention of forest fires, and all fines
authorized. + <ceived under the provisions of sections twenty-
one, twenty-two and twenty-four of this chapter and section
nine of chapter two hundred and eight shall be expended by
the forest warden, under the supervision of the selectmen, in
trimming brush out of wood roads, in preparing and pre-
serving suitable lines for back fires or in other ways adapted
to prevent or check the spread of fire; or such town may ex-
pend any portion of such money in taking in the name of the
town such woodland as the selectmen, upon the recommenda-
tion of the forest warden, consider expedient for the purpose
of preventing forest fires. Such taking and the payment of
damages therefor or for injury to property, other than by
fire or back fire, shall be governed by the laws relating to the
taking of land for highways.

Z
a

29

Setting of Fires in the Open Air.

G. A. 1916, 51, sect. 1. It shall be unlawful within any city
or town for any person to set, maintain or increase a fire in the
open air between the first day of March and the
first day of December except by written permis-
sion of the fire prevention commissioner for the metropolitan
district within the said district, or of the forest warden or
chief of the fire department in other cities and towns, or, in
cities that have such an official, the fire commissioner: . pro-
vided, that debris from fields, gardens and orchards, and leaves
and rubbish from yards may be burned on ploughed fields
by the owners thereof, their agents or lessees; and provided,
further, that persons above the age of eighteen years may
set or maintain a fire for a reasonable purpose upon sandy
land, or upon salt marshes or sandy or rocky beaches border-
ing upon tide water, if the fire is enclosed within rocks, metal
or other non-inflammable material. In every case such a
fire shall be at least two hundred feet distant from any
sprout or forest land, and at least fifty feet distant from any
building, and shall be properly attended until it is extin-
guished. The forest wardens in towns and officials performing
the duties of forest wardens in cities shall cause public notice
to be given of the provisions of this section and shall enforce
the same. Whoever violates any provision of this section
shall be punished by a fine of not more than one hundred
dollars, or by imprisonment for not more than one month, or
by both such fine and imprisonment.

G. A. 1916, 51, sect. 2. The provisions-of the preceding
section shall not apply to fires which may be set, maintained
or increased within the metropolitan district in
accordance with regulations and methods ap-

Permit law.

Exceptions.

30

proved by the fire prevention commissioner for the said
district, nor to fires which may be set for the purpose of sup-
pressing gypsy and brown tail moths in accordance with
regulations and methods approved by the state forester, nor
to fires set or increased within the limits of any public way
by the employees of the commonwealth or of any county,
city or town in the performance of public work.

G. A. 1916, 51, sect. 3. The state forester shall notify
the forest warden in every town and the official
performing the duties of forest warden in every
city in the commonwealth of the passage of this act.

G. A. 1916, 51, sect. 4. The state forester, the state fire
warden or any duly authorized assistant of the state forester,
forest wardens in towns and officials performing
the duties of forest wardens in cities, or any duly
appointed deputy forest warden may arrest without warrant
any person found in the act of setting, maintaining or in-
creasing a fire in violation of the provisions of this act.

G. A. 1916, 51, sect. 5. Section twenty-four of chapter
thirty-two of the Revised Laws, and chapter two hundred
and nine of the acts of the year nineteen hundred and eight,
as amended by chapter two hundred and forty-four of the
acts of the year nineteen hundred and eleven and by sections
three and four of chapter four hundred and nineteen of the
acts of the year nineteen hundred and twelve are hereby
repealed.

1910, 141. It shall be unlawful within any city or town in
this commonwealth for any person to liberate or fly fire
Fire balloons balloons of any description. Whoever violates
Prohibited. this act shall be punished by a fine of not more
than one hundred dollars, or by imprisonment for not more
than one month or by both such fine and imprisonment.

Notice.

Arrests.

ol

Disposal of Slash or Brush following Wood or Lumber
Operations.

1914, 101, sect. 1. Every owner, tenant or occupant of
land, and every owner of stumpage, who cuts or permits the
cutting of wood or timber on woodland owned 40-foot fire
or occupied by him or on which he has acquired Hae eomunred.
stumpage by purchase or otherwise, and which borders upon
the woodland of another or upon a highway or railroad loca-
tion, shall clear the land of the slash and brush wood then
and there resulting from such cutting for such distance, not
exceeding forty feet, from the woodland of such other person,
highway or railroad location as the local forest warden shall
determine, and within such time and in such manner as he
shall determine.

1914, 101, sect. 2. Any person who cuts or causes to be
cut trees or brushes or undergrowth within the limits of any
highway or public road shall dispose of the Pieaal ot
slash and brush wood then and there resulting brush along
from such cutting within such time and in such ~—
manner as the forest warden of the city or town wherein
such cutting is done shall determine.

1914, 101, sect. 3. Whoever neglects to comply with the
directions of the forest warden with regard to the disposal
of slash and brush, as provided in sections one
and two of this act may be punished by a fine
of not less than five dollars nor more than fifty dollars.

1914, 101, sect. 4. This act shall take effect on the first
day of January in the year nineteen hundred and fifteen.

Penalty.

o2

Exemplary Damages for injuring Timber and Special
Liability of Railroads.

R. L. 185, sect. 7. A person who without license wilfully
cuts down, carries away, girdles or otherwise destroys any

Treble trees, timber, wood or underwood on the land of
damage : : :
damages for another shall be liable to the owner in an action

cutting, etc. of tort for three times the amount of damages
assessed therefor; but if it is found that the defendant had
good reason to believe that the land on which the trespass
was committed was his own or that he was otherwise lawfully
authorized to do the acts complained of, he shall be liable for
single damages only.

R. L. 111, sect. 270. Every railroad corporation and street
railway company shall be liable in damages to a person or
atl ee corporation whose buildings or other property
lability for may be injured by fire communicated by its
fire. x . <

locomotive engines, and shall have an insurable
interest in the property upon its route for which it may be so
held liable, and may procure insurance thereon in its own
behalf. If it is held liable in damages, it shall be entitled to
the benefit of any insurance effected upon such property by
the owner thereof, less the cost of premium and expense of
recovery. The money received as insurance shall be deducted
from the damages, if recovered before they are assessed; and
if not so recovered, the policy of insurance shall be assigned
to the corporation which is held liable in damages, and it
may maintain an action thereon.

33

Land adjoining Railroads, and Powers and Duties of
Railroads.

1907, 431, sect. 1. Every corporation operating a steam
railroad within this commonwealth shall, subject to the
approval of the board of railroad commissioners, Spark

P : : arrester:
install and maintain a spark arrester on every Seanieaa:

engine in its service in which wood, coke or coal Tomoval of
is used as fuel, and shall, between the first day ™4terial.

of April and the first day of December in each year, keep the
full width of all of its locations over which such engines are
operated, to a point two hundred feet distant from the centre
line on each side thereof, clear of dead leaves, dead grass,
dry brush or other inflammable material, and shall not at any
time leave any deposit of fire, hot ashes or live coals upon its
locations in the immediate vicinity of woodlands or grass
lands, and shall post in stations and other conspicuous places
within its location and right of way such notices and warning
placards as are furnished to it for the purpose by the state
forester: provided, that nothing in this section shall be con-
strued to prohibit any railroad corporation from piling or
keeping upon its location or right of way crossties or other
material necessary for the maintenance and operation of its
railroad.

1907, 431, sect. 2. Any railroad corporation may, upon
giving notice according to the provisions of this section, enter
upon unimproved land adjoining any location or May clear
right of way upon which it operates engines 2djoining

3 . land.
burning wood, coke or coal, and may there at its
own expense and subject to the direction of the forest warden,
or the officer or board having his powers, in the city or town

34

in which the land is situated, clear such land of dead leaves,
dead grass and dead wood to a distance of one hundred feet
from the tracks, without thereby becoming liable for trespass:
provided, that no railroad corporation shall, under the pro-
visions of this section, do any acts on unimproved land out-
side its location or right of way, unless it has within two
months given fourteen days’ notice in writing by mail or
otherwise to the occupant of the land, and to the owner
thereof, if he resides or has a usual place of business in the
city or town in which it is situated, and if the land is unoccu-
pied and the owner does not reside or have a usual place of
business in the city or town, then, unless the railroad corpora-
tion has within two months published notice of its purpose
once in three successive weeks in a newspaper published in
the county in which the land is situated, and unless it has
within three days given at least twenty-four hours’ notice to
the forest warden [or the officer or board having his powers],
in the city or town in which the land is situated of the location
of the land which it intends to enter under the provisions of
this section, and of the time at which it intends to enter the
same; and provided, further, that no notice hereby required
shall be valid unless it sets forth the provisions of this section.

1907, 431, sect. 3. Any engineer, conductor or other em-
ployee on a train who discovers a fire burning uncontrolled
Railroad on lands adjacent to the tracks shall forthwith
fresignal. cause a fire signal to be sounded from the engine,
which shall consist of one long and three short whistle blasts
repeated several times, and shall notify the next sectionmen
whom the train passes, and the next telegraph station, of the
existence and location of the fire. The provisions of this
section shall not affect the authority conferred upon the

30

board of railroad commissioners by the provisions of section
one hundred and forty-eight of Part II of chapter four hundred
and sixty-three of the acts of the year nineteen hundred and
Six.

1907, 431, sect. 4. Sectionmen or other employees of a
railroad corporation who receive notice of the existence and
location of a fire burning on land adjacent to the py ries of
tracks shall forthwith proceed to the fire and pict
shall use all reasonable efforts to extinguish it:
provided, that they are not at the time employed in labors
immediately necessary to the safety of tracks or to the safety
and convenience of passengers and the public.

1907, 431, sect. 5. Railroad corporations shall inform their
employees as to their duties under this act and puties of
shall furnish them with the appropriate facilities = rae ea
for reporting and extinguishing such fires.

1907, 431, sect. 6. Nothing in this act shall be construed
to give any railroad corporation power to enter Proviso as to
upon, or to interfere in the management or care psi
of, any public park or reservation.

1909, 394, sect. 1. Any railroad corporation which, by its
servants or agents, negligently, or in violation of law, sets
fire to grass lands or forest lands shall be liable Raitroad
to any city or town in which such fire occurs, —-
for the reasonable and lawful expense incurred by such city
or town in the extinguishment of the fire.

1909, 394, sect. 2. Cities and towns may recover sums to
which they are entitled under the provisions of this act by an
action of contract in the superior court.

36

Town Appropriations.

R. L. 25, sect. 17. A town which accepts the provisions of
this section, or has accepted the corresponding provisions of
Prevention of carlier laws, may appropriate money for the pre-
forest fires. ontion of forest fires to an amount not exceeding
one-tenth of one per cent of its valuation.

1914, 262, sect. 1. Section one of chapter three hundred
and ninety-eight of the acts of the year nineteen hundred and
Purchase of '€; 18 hereby amended by striking out the words
fireequip- ‘five hundred”’, in the second line, and insert-
ment. : é

ing in place thereof the words: — seven hundred
and fifty, —so as to read as follows: — Section 1. Every
town in the commonwealth with a valuation of one million
seven hundred and fifty thousand dollars or less which ap-
propriates and expends money, with the approval of the state
forester, for apparatus to be used in preventing or extinguish-
ing forest fires or for making protective belts or zones as a
defence against forest fires, shall be entitled, upon the recom-
mendation of the state forester, approved by the governor,
to receive from the treasury of the commonwealth a sum
equal to one half of the said expenditure, but no town shall
receive more than two hundred and fifty dollars.

1910, 398, sect. 2. A sum not exceeding five thousand dol-
lars in any one year may be expended in carrying out the
provisions of this act.

1910, 478, sect. 1. It shall be unlawful for any unnatural-
ized, foreign-born person to pick wild berries or flowers, or to
Perinit camp or picnic upon any land of which he is

regulation of

Barnstable not the owner, within the counties of Barnstable
and Plymouth

counties. and Plymouth, between the first day of April and

37

the first day of December, without first obtaining written per-
mission so to do from the owner or owners of the land. The
said written permit shall not be transferable, and shall be
exhibited upon demand to the forest warden, or his deputies,
of the town wherein the land is located, or upon demand of
any sheriff, constable, police officer or other officer authorized
to arrest for crime. Failure or refusal to produce said permit
upon such demand shall be prima facie evidence of a violation
of this act, and any forest warden or any duly authorized
deputy forest warden, police officer, sheriff or other officer
authorized to arrest for crime, may arrest without warrant
any person who fails or refuses to display for inspection the
said permit upon the demand of any of the officials named in
this act.

1910, 478, sect. 2. Whoever violates any provision of this
act shall be punished by a fine of not more than
fifty dollars, or by imprisonment for not more
than thirty days, or by both such fine and imprisonment.

Penalty.

Use of Spark Arresters on Portable Steam Sawmills,
Steam Rollers, Steam Shovels and Steam Trac-
tors.

G. A. 1917, 51, sect. 1. It shall be unlawful for any person,
firm or corporation, except when the ground is Use of spark
covered with snow, to operate in or adjacent to nian
forest or grass lands, any portable steam sawmill, steam roller,
steam shovel, or steam tractor, which burns wood, coke,
coal, or other spark-producing material as fuel, unless the
- same is provided with a suitable spark arrester, approved
by the state forester.

38

G. A. 1917, 51, sect. 2. Authority is hereby given to the
state forester or his duly authorized assistants to inspect
State all appliances described in section one, to de-
pevest tae termine whether they are provided with suitable

spark-arresters in accordance with the provisions
hereof.

G. A. 1917, 51, sect. 3. Any violation of the provisions of

this act shall be punished by a fine of not less
than fifty nor more than one hundred dollars.
G. A. 1917, 51, sect. 4. This act shall not apply within the
metropolitan district as defined in section one of
chapter seven hundred and ninety-five of the acts
of the year nineteen hundred and fourteen.

Penalty.

Exceptions.

Close Season for Game in Times of Drouth.

1909, 422, sect. 1. Whenever, during an open season for
the hunting of any kind of game in this state, it shall appear
Governor _ to the governor that by reason of extreme drouth
may proclaim.+1. use of firearms in the forest is liable to cause
forest fires, he may, by proclamation, suspend the open
season and make it a close season for the shooting of birds and
wild animals of every kind for such time as he may designate,
and may prohibit the discharge of firearms in or near forest
land during the said time.

1909, 422, sect. 2. During the time designated as above by
the governor, all provisions of law relating to the close season
shall be in force, and whoever violates any such
provisions shall be subject to the penalties pre-
scribed therefor. In case any person shall, during a close
season proclaimed as aforesaid, discharge a firearm in or near
forest land, or shoot any wild animal or bird, as to which

Penalties.

39

there is no close season otherwise provided by law, he shall be
subject to a fine of not more than one hundred dollars.

1909, 422, sect. 3. A proclamation issued under authority
hereof shall be published in such newspapers of the state
and posted in such places and in such manner as Publication
the governor may direct, under the charge and °% ™°4#¢*
direction of the state forester and the commissioners on

fisheries and game.

Punishable Offences against Forest Lands.

R. L. 208, sect. 5. Whoever wilfully and maliciously burns
or otherwise destroys or injures a pile or parcel of wood,
boards, timber or other lumber, or any fence, bars getting fire
or gate, or a stack of grain, hay or other vegetable adc el
product, or any vegetable product severed from :
the soil and not stacked, or any standing tree, grain, grass or
other standing product of the soil, or the soil itself, of another,
shall be punished by imprisonment in the state prison for not
more than five years, or by a fine of not more than five hundred
dollars and imprisonment in jail for not more than one year.

R. L. 208, sect. 7. Whoever by wantonly or recklessly
setting fire to any material causes injury to, or the destruction
of, any growing or standing wood of another yyjury
shall be punished by a fine of not more than caused by

reckless
one hundred dollars or by imprisonment for not Jere oh
more than six months.

R. L. 208, sect. 8. Whoever wilfully or without reasonable
care sets fire upon land of another whereby the property of
another is injured, or whoever negligently or wil- wie
fully suffers any fire upon his own land to ex- oe of
tend beyond the limits thereof, whereby the woods

40

or property of another are injured, shall be punished by a fine
of not more than two hundred and fifty dollars.

R. L. 208, sect. 9. Whoever in a town which accepts the
provisions of this section, or has accepted the corresponding
Penalty for provisions of earlier laws, sets a fire on land which
dash opelices e is not owned or controlled by him and before
= leaving the same neglects to entirely extinguish
such fire, or whoever wilfully or negligently suffers a fire
upon his own land to escape beyond the limits thereof to the
injury of another, shall be punished by a fine of not more than
one hundred dollars, or by imprisonment in jail for not more
than one month, or by both such fine and imprisonment;
and shall also be liable for all damages caused thereby. Such
fine shall be equally divided between the complainant and
the town.

R. L. 208, sect. 99, as amended, 1904, 444, sect. 1. Who-
ever wilfully cuts down or destroys timber or wood standing
Cutting of or growing on the land of another, or carries
Lone away any kind of timber or wood cut down or
lying on such land, or digs up or carries away stone, ore,
gravel, clay, sand, turf or mould from such land, or roots,
nuts, berries, grapes or fruit of any kind or any plant there
being, or cuts down or carries away sedge, grass, hay or any
kind of corn, standing, growing or being on such land, or cuts
or takes therefrom any ferns, flowers or shrubs, or carries
away from a wharf or landing place any goods in which he hag
no interest or property, without the license of the owner
thereof, shall be punished by imprisonment for not more than
six months or by a fine of not more than five hundred dollars,
and if the offence is committed on the Lord’s day or in dis-
guise or secretly in the night time the imprisonment shall
not be less than five days nor the fine less than five dollars.

4]

1907, 299. The commissioners on fisheries and game and
their duly authorized deputies may arrest without a warrant
any person found in the act of unlawfully setting Duties of
a fire. Said commissioners and their deputies eg
may require assistance according to the pro- Protectors.
visions of section twenty of chapter thirty-two of the Revised
Laws, and they shall take precautions to prevent the progress
of forest fires, or the improper kindling thereof, and upon
the discovery of any such fire shall immediately summon
the necessary assistance, and notify the forest fireward
of the town.

42

LAWS RELATING TO THE SUPPRESSION OF
THE GYPSY AND BROWN-TAIL MOTHS,

CHAPTER 381, Acts or 1905, AS AMENDED BY CHAPTER 268, Acts
oF 1906, By CHAPTER 521, Acts or 1907, By CHapTER 591,
Acts or 1908, By CHAPTER 150, Acts oF 1910, By CHApTER 474,
Acts oF 1911, AND CHaptrerR 600, Acts or 1913.

An Act to provide for Suppressing the Gypsy and

Brown Tail Moths.

Be it enacted, etc., as follows:
Section 1. For the purposes of this act the pupa, nests,
eggs and caterpillars of the gypsy and brown tail moths and
said moths are hereby declared public nuisances,
Gypsy moth : : ‘ ( :
declared and their suppression is authorized and required;
nuisance, .
but no owner or occupant of an estate infested by
such nuisance shall by reason thereof be liable to an action,
civil or criminal, except to the extent and in the manner and
form herein set forth.
Section 2.1. The governor, by and with the consent of the
council, shall appoint a superintendent for suppressing the

Bppotst: gypsy and brown tail moths and shall determine
eee his salary. The governor may, with the con-
tendent. sent of the council, remove said superintendent

at any time for such cause as he shall deem sufficient. In
case of the death, removal or resignation of the superintendent

1 The office of superintendent was abolished by chapter 263, Acts of 1909, and
the State Forester was placed in charge of the work of suppressing the gypsy and
brown-tail moths. See chapter 263, Acts of 1909, printed on page 13.

43

the governor shall forthwith appoint a successor. On or before
the third Wednesday in January in each year the superin-
tendent shall make a report of his proceedings to the general
court, which shall be a public document and shall be printed.
Said report shall separate so far as is practicable the expendi-
tures on work against the gypsy moth from those on work
against the brown tail moth in each city and town.

Section 3. [As amended by section 1, chapter 268, Acts
of 1906, and by section 1, chapter 591, Acts of 1908.] The
said superintendent shall act for the common- po. 445 of

zalth in suppressing said moths as public nui- superin-

: : us . tendent.

sances, in accordance with the provisions of this

act. For this purpose he shall establish an office and keep a
record of his doings and of his receipts and expenditures, and
may, subject to the approval of the governor, make rules and
regulations governing all operations by cities, towns or indi-
viduals under this act. He may employ such clerks, as-
sistants and agents, including expert advisers and inspectors,
as he may deem necessary and as shall be approved by the
governor. He may make contracts on behalf of the com-
monwealth; may act in co-operation with any person, per-
sons, corporation or corporations, including other states, the
United States or foreign governments; may conduct in-
vestigations and accumulate and distribute information con-
cerning said moths; may devise, use and require all other
lawful means of suppressing or preventing said moths; may
lease real estate when he deems it necessary, and, with the
approval of the board in charge, may use any real or per-
sonal property of the commonwealth; may at all times enter
upon the land of the commonwealth or of a municipality,
corporation, or other owner or owners, and may use all

44

reasonable means in carrying out the purposes of this act;
and, in the undertakings aforesaid, may, in accordance with
the provisions of this act, expend the funds appropriated or
donated therefor; but no expenditure shall be made or lia-
bility incurred in excess of such appropriations and donations.

The clerks, assistants and agents employed by said super-

intendent may at all times, in carrying out the purposes of
this act, enter upon the land of the common-
Agents may is : .
enter upon wealth or of a municipality, corporation or
f other owner or owners.

Section 4. [As amended by section 2, chapter 268, Acts
of 1906; by section 1, chapter 521, Acts of 1907; by section 1,
Appointment chapter 150, Acts of 1910, and chapter 600, Acts
oe tuper- of 1913.] The mayor and aldermen in cities and
intendent. =the selectmen in towns shall annually in the month
of January appoint a local superintendent for the suppression
of the gypsy and brown tail moths. Said superintendent shall
under the advice and general direction of the state forester
destroy the eggs, caterpillars, pups and nests of the gypsy and
brown tail moths within their limits, except in parks and other
property under the control of the commonwealth, and except in
private property, save as otherwise provided herein. The said
appointments of local superintendents shall not take effect
unless approved by the state forester, and when so approved,
notice of the appointment shall be given by the mayor and
aldermen or selectmen to the person so appointed. When any
city or town shall have expended within its limits city or town
funds to an amount in excess of five thousand dollars in any
one fiscal year, in suppressing gypsy or brown tail moths, the
commonwealth shall reimburse such city or town to the extent
of fifty per cent of such excess above said five thousand dollars.

45

Cities or towns, where one twenty-fifth of one per cent of
the assessed valuation of real and personal property is less
than five thousand dollars, and where the as- Reimburse-
sessed valuation of real and personal property is Gent ha
greater than six million dollars, shall be reim- *°¥?*-
bursed by the commonwealth to the extent of eighty per
cent of the amount expended by such cities or towns of city
or town funds in suppressing the gypsy and brown tail moths
in any one fiscal year, in excess of said one twenty-fifth of
one per cent.

In the case of towns where the assessed valuation of real
and personal property is less than six million dollars, after
they have expended in any one fiscal year town funds to an
amount equal to one twenty-fifth of one per cent of their
assessed valuation of real and personal property, the com-
monwealth shall expend within the limits of such towns, for
the purpose of suppressing the gypsy and brown tail moths,
such an amount in addition as the superintendent with the
advice and consent of the governor shall recommend.

The commonwealth shall reimburse cities and towns every
sixty days according to the provisions of this act.

No city or town shall be entitled to any reimbursement from
the commonwealth until it has submitted to the auditor of
the commonwealth itemized accounts and vouchers showing
the definite amount expended by it for the purpose of this
act; nor shall any money be paid out of the treasury of the
commonwealth to cities or towns, pursuant to the provisions
of this act, until said vouchers and accounts have been ap-
proved by the superintendent and the auditor of the com-
monwealth.

For the purposes of this section, the valuation of the

46

previous year shall be taken as a basis. The fiscal year for
nineteen hundred and seven and for all succeeding years shall
close on the thirtieth day of November.

Section 5. [As amended by section 3, chapter 268, Acts
of 1906, by section 2, chapter 521, Acts of 1907, and chapter
Cities ana 4¢4, Acts of 1911.] When, in the opinion of the
towns com- eapetaeniegs any city or town is not expend-
pelled to act.

ing a sufficient amount for the abatement of said
nuisance, or is not conducting the necessary work in a proper
manner, then the superintendent shall, with the advice and
consent of the governor, order such city or town to expend
such an amount as the superintendent shall deem necessary,
and in accordance with such methods as the superintendent,
with the consent of the governor, shall prescribe: provided,
that no city or town where the assessed valuation of real and
personal property exceeds six million dollars shall be re-
quired to expend, exclusive of any reimbursement received
from the commonwealth, during any one full year more than
one fifteenth of one per cent of such valuation, and that no
town where the assessed valuation of real and personal prop-
erty is less than six million dollars shall be required to expend,
exclusive of any reimbursement received from the common-
wealth, during any one full year more than one twenty-fifth
of one per cent of such valuation. For the purposes of this
section the valuation of each previous year shall be used.

Any city or town failing to comply with the directions of
the said superintendent in the performance of said work
within the date specified by him shall pay a
fine of one hundred dollars a day for failure so
to do; said fine to be collected by information brought by
the attorney-general in the supreme judicial court for Suffolk
county.

Penalty.

47

In case of emergency, or where there is great or immediate
danger of the increase or spread of the moths due to the
neglect of any city or town to comply with the Siupeetie:
terms of this act, the superintendent, with the a a f
consent of the governor, may initiate or continue :
the work of suppressing the moths within the limits of such
city or town for such a period as the superintendent may
deem necessary. The cost of such work, including that done
on private estates, less any sum due from the state by way of
reimbursements on account of said work, shall be certified
by the superintendent to the treasurer of the commonwealth,
and be collected by him as an additional state tax upon the
city or town so failing to comply with the requirements of the
law. The superintendent may also in case of emergency,
subject to the approval of the governor, carry on wholly
or in part such operations as may be necessary to check the
spreading of the gypsy or brown tail moths in parks not
under the control of the commonwealth, and in cemeteries,
woodlands and other places of public resort. The amount
to be so expended in any one year shall not exceed ten per
cent of the appropriations made for the year by the state for
the purpose of suppressing said moths.

The superintendent may also take complete control of the
work of suppressing the gypsy and brown tail moths in such
cities and towns as may through the proper oo. of the
officials request it. The cost of such work shall work to be

‘ 5 certified.
be certified by the superintendent to the treas-
urer of the commonwealth and shall be collected by him as
an additional state tax upon the city or town wherein such
work is performed; provided, that no city or town shall be
required to pay more for such work than would have been its
liability, as defined by section four of this act.

48

Section 6. [As amended by section 4, chapter 268, Acts
of 1906, by section 2, chapter 591, Acts of 1908, and by
Noticesto Chapter 124, Acts of 1915.] The mayor of every
property city and the selectmen of every town shall, on
owners.

or before the first day of November in each year,
and at such other times as he or they shall see fit, or as the
state superintendent may order, cause a notice to be sent to
the owner or owners, so far as can be ascertained, of every
parcel of land therein which is infested with said moths; or,
if such notification appears to be impracticable, then by
posting such notice on said parcels of land, requiring that the
eggs, caterpillars, pupz and nests of said moths shall be
destroyed within a time specified in the notice.

The publication of the notice in newspapers published or
circulated in the city or town at least three times during
Publication the month of October shall be deemed a com-
of notice. liance with the law, if in the opinion of the mayor
or selectmen such publication will be a sufficient notice.

When, in the opinion of the mayor or selectmen, the cost
of destroying such eggs, caterpillars, pup and nests on
Cost to lands contiguous and held under one ownership
seid in a city or town shall exceed one half of one per
cent of the assessed value of said lands, then a part of said
premises on which said eggs, caterpillars, pupe or nests shall
be destroyed may be designated in such notice, and such re-
quirement shall not apply to the remainder of said premises.
The mayor or selectmen may designate the manner in which
such work shall be done, but all work done under this section
shall be subject to the approval of the state superintendent.

If the owner or owners shall fail to destroy such eggs, cater-
pillars, pupx or nests in accordance with the requirements

49

of the said notice, then the city or town, acting by the public
officer or board of such city or town designated or appointed
as aforesaid, shall, subject to the approval of the said super-
intendent, destroy the same, and the amount actually ex-
pended thereon, not exceeding one half of one per cent of the
assessed valuation of said lands, as heretofore specified in this
section, shall be assessed upon the said lands; and such an
amount in addition as shall be required shall be apportioned
between the city or town and the commonwealth in accord-
ance with the provisions of section four of this act. The
amounts to be assessed upon private estates as herein pro-
vided shall be assessed and collected, and shall be a lien on
said estates, in the same manner and with the same effect as
is provided in the case of assessments for street watering.
The public officer or board of any city or town designated
or appointed as aforesaid, or any agent or employee of such
public officer or board, may at any time enter Bibs Gitlce
upon any parcel of land within the limits of such ey ca
city or town for the purpose of determining
whether or not such parcel of land is infested with said moths,
or the extent to which such parcel of land is so infested.
Section 7. [As amended by section 5, chapter 268, Acts
of 1906, and by section 3, chapter 521, Acts of 1907.] If, in
the opinion of the assessors of a city or town, any
land therein has received, by reason of the abate- . uae
ment of said nuisances thereon by said superintendent or by
said city or town, a special benefit beyond the general ad-
vantage to all land in the city or town, then the said as-
sessors shall determine the value of such special benefit and
shall assess the amount thereof upon said land: provided,
that no such assessment on lands contiguous and held under

50

one ownership shall exceed one half of ene per cent of the
assessed valuation of said lands; and provided, that the owner
or owners shall have deducted from such assessment the
amount paid and expended by them during the twelve months
last preceding the date of such assessment toward abating
the said nuisances on said lands, if, in the opinion of the
assessors, such amount has been expended in good faith.
Assessrrent UCh assessment shall be a lien upon the land for
alienupon three years from the first day of January next
land.

after the assessment has been made, and shall
be collected under a warrant of the assessors to the collector
of taxes of such city or town, in the manner and upon the
terms and conditions and in the exercise of the powers and
duties, so far as they may be applicable, prescribed by chap-
ter thirteen of the Revised Laws relative to the collection of
taxes.

Real estate sold hereunder may be redeemed within the
Realestate ‘ime, in the manner, and under the provisions
er dll “| of law, so far as they may be applicable, set

forth in chapter thirteen of the Revised Laws
for the redemption of land sold for taxes.

A person aggrieved by such assessment may appeal to
the superior court for the county in which the land lies, by
Complaint entering a complaint in said court within thirty
of assess- qlays after he has had actual notice of the as-
ment. 5 5 :

sessment, which complaint shall be determined
as other causes by the court without a jury. The complaint
shall be heard at the first sitting of said court for trials with-
out a jury after its entry; but the court may allow further
time, or may advance the case for speedy trial, or may ap-
point an auditor as in other cases. The court may revise

51

the assessment, may allow the recovery back of an amount
wrongfully assessed which has been paid, may set aside, in a
suit begun within three years from the date thereof, a col-
lector’s sale made under an erroneous assessment, may
award costs to either party and may oo such cece as
justice and equity require.

If, in the opinion of the assessors, the owner of an estate
upon which an assessment as aforesaid has been made is, by
reason of age, infirmity or poverty unable to pay Abatement
the assessment, they may upon application abate ote:
the same. Every city or town in rendering an account to
the state auditor as provided for in section four of this act
shall deduct from such amount as it has expended the total
amount it has assessed for work performed under section six
of this act during the term covered by the account: provided,
such work was performed under such conditions as require
reimbursement in whole or in part by the state.

Section 8. To meet the expenses incurred under au-
thority of this act, there shall be allowed and paid out of the
treasury of the scenenidiine oath: during the period Appropria-
up to and including May first, nineteen hundred Here
and seven, the sum of three hundred thousand dollars. Of
this amount seventy-five thousand dollars may be expended
during the calendar year nineteen hundred and five; one
hundred and fifty thousand dollars, and any unexpended
balance of the previous year, may be expended during the
calendar year nineteen hundred and six; and seventy-five
thousand dollars, and any unexpended balance of the previous
years, may be expended during the calendar year nineteen
hundred and seven, up to and including May first.

SECTION 9. An additional sum of ten thousand dollars in

52

each of the years nineteen hundred and five, nineteen hun-
dred and six and nineteen hundred and seven may, in the
discretion of the state superintendent, be expended by him
for experimenting with parasites or natural enemies for de-
stroying said moths, and any unexpended balance of any
year may be expended in the subsequent years.

Section 10. Chapter two hundred and ten of the acts of
the year eighteen hundred and ninety-one and sections one
and two of chapter five hundred and forty-four of the acts
of the year eighteen hundred and ninety-eight and section two
of chapter fifty-seven of the acts of the year nineteen hundred
and two, are hereby repealed.

Section 11. [As amended by section 6, chapter 268,
Acts of 1906.] A person who wilfully resists or obstructs the
Fine for superintendent or an official of a city or town, or
eee rath a servant or agent duly employed by said super-
bee intendent or by any of said officials, while law-
fully engaged in the execution of the purposes of this act, or
who knowingly fails to comply with any of the rules or reg-
ulations issued by said superintendent, shall forfeit a sum
not exceeding twenty-five dollars for each offence.

Section 12. [As amended by section 4, chapter 521,
Valuations “cts of 1907.) Valuations of real and personal
oe property of each previous year shall govern

the provisions of this act.

Section 13. This act shall take effect upon its passage.

53

CHAPTER 242, Acts or 1911.

An Act relative to Abatement of Taxes for the Sup-
pression of Moths.

Be it enacted, etc., as follows:

Section 1. A person aggrieved by the taxes assessed
upon him for the suppression of gypsy and brown tail moths
pursuant to the provisions of sections six and Aeuliaktion
seven of chapter three hundred and eighty-one for abate-

i ment of tax.

of the acts of the year nineteen hundred and five,

as amended by chapter two hundred and sixty-eight of the
acts of the year nineteen hundred and six, by chapter five
hundred and twenty-one of the acts of the year nineteen hun-
dred and seven, and by chapter five hundred and ninety-one
of the acts of the year nineteen hundred and eight, may,
within six months after the date of the first tax bill issued
on account of the taxes complained of, apply to the assessors
for the abatement thereof; and if they find that he is taxed
for more than his legal proportion, or for an amount in excess
of what should have been assessed pursuant to the statute
under which the tax was laid, they shall make a reasonable
abatement.

Section 2. The assessors shall not abate a tax under the
provisions of section one except upon the written recom-
mendation of the board or officer who certified the assessment
in question to the assessors or provided them with the in-
formation as to the work performed, upon which such tax
was assessed, unless the error or excess complained of origi-
nated in the work of the assessors who laid the tax.

SEcTION 3. The assessors shall keep a record of all taxes

54

abated under the provisions of this act and shall preserve for
three years all written recommendations received pursuant
to section two. They shall furnish the collector of taxes with
a certificate of each abatement hereunder, which shall relieve
him from the collection of the sum abated.

Section 4. This act shall take effect upon its passage.

CuaptTerR 605, Acts or 1913.

An Act to authorize Local Moth Superintendents to
furnish Arsenate of Lead to Real Estate Owners.

Be it enacted, etc., as follows:

Section 1. For the purpose of assisting in the extermina-
tion of gypsy and brown tail moths, the local moth superin-
tendent in any city or town now receiving aid from the
commonwealth in suppressing the said insect pests is hereby
authorized to furnish, at the cost thereof, arsenate of lead to
any owner of real estate situated within the limits of such
city or town. Material purchased under the provisions hereof
shall be used only for the suppression of gypsy and brown
tail moths and only upon land of the purchaser.

Section 2. The amounts due for material furnished under
the provisions of section one shall be charged by the local
moth superintendent to the owners of private estates and
shall be collected in the same manner as the amounts assessed
for private work, and shall be a lien on said estates in the
same manner as the assessments for private work. The
amount thus charged shall be deducted from the total amount
expended in each city or town in the suppression of gypsy
and brown tail moths in the same manner as the amounts
charged for private work, as provided for in sections six and

55

seven of chapter three hundred and eighty-one of the acts
of the year nineteen hundred and five and its several amend-
ments. [Approved May 7, 1913.

CuapTer 404, Acts or 1914.

An Act to authorize Cities and Towns to suppress the
Tent Caterpillar, Leopard Moth and Elm Beetle.

Be it enacted, etc., as follows:

Section 1. The city forester, superintendent or other
person having charge of the suppression of gypsy and brown
tail moths in each city and town in the commonwealth, or,
where there is no such person, the tree warden, may destroy
within the limits of his city or town the tent caterpillar,
leopard moth and elm beetle, if authorized so to do by the
mayor and city council or commission in cities, or by the
selectmen in towns.

Section 2. For the purposes of this act the city forester
or other officer designated in section one of this act may
enter upon private land, and the owners of private land may
be taxed for work done under the provisions of section one
of this act in the manner provided by sections six and seven
of chapter three hundred and eighty-one of the acts of the
year nineteen hundred and five and acts in amendment thereof
and in addition thereto: provided, however, that nothing con-
tained in this act shall require the commonwealth to pay
any part of any such expense, other than for the suppression
of the gypsy and brown tail moths, that no land shall be
assessed under the provisions of this act which has been
assessed the maximum amount provided by said sections six
and seven and amendments thereof for the suppression of

56

the gypsy and brown tail moths, and that the aggregate
assessment on any parcel of private land for the suppression
of the tent caterpillar, leopard moth, elm beetle and gypsy
and brown tail moths shall not exceed the maximum provided
by said sections six and seven and the amendments thereof.

Section 3. This act shall take effect upon its passage.
[Approved April 23, 1914.

CHAPTER 171, Acts or 1915.

An Act to authorize Cities and Towns to purchase
Arsenate of Lead for the Purpose of Suppressing
Insect Pests.

Be it enacted, etc., as follows:

Section 1. For the purpose of assisting in the extermina-
tion of insect pests the city forester, local moth superintend-
ent or tree warden in any city or town may obtain from the
state forester at the cost thereof, arsenate of lead. Material
purchased under the provisions hereof shall be used only for
the suppression of gypsy and brown-tail moths, the tent
caterpillar, leopard moth and elm beetle, and only upon lands
owned or controlled by the city or town. The cost of said
material shall be certified by the state forester to the treas-
urer of the commonwealth, and shall be collected by him as
an additional state tax upon the city or town making such
purchase.

Section 2. This act shall take effect upon its passage.
[Approved April 16, 1915.

OF ws ne
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