minnmmeaith of Massachusetts

LAWS

RELATING TO

FORESTRY.

AND THE SUPPRESSION OF THE

Gypsy and Brown Tail
Moths

BY
F. W. RANE, STATE FORESTER
Room 1009, 6 BEACON ST., BOSTON, MASS., U.S.A.

Che Commomuralth of Massachusetts.

LAWS RELATING TO FORESTRY

AND THE

SUPPRESSION OF THE GYPSY AND
Brown-TAIL Moras.

By F. W. Rane, State Forester,

Room 1009, 6 Beacon STREET, Boston, Mass., U.S.A.

BOSTON:
Wricut & Porter PRINTING Co., STaTE PRINTERS,
18 Post OrricE SQUARE.
1910.

APPROVED BY
THE STATE BOARD OF PUBLICATION.

TO MASSACHUSETTS CITIZENS.

Realizing the rapidly increasing and en-
thusiastic interest on the part of the citizens
of Massachusetts in everything pertaining
to forestry, and in order to meet the con-
stantly growing demand for knowledge of
the laws relating to this important subject,
the State Forester has compiled in this
small booklet all the legislative enactments
up to and including the year 1910. Forestry
work in Massachusetts is just assuming large
proportions and the outlook for the future
is exceedingly bright. To care for our forest
lands and to reforest the thousands of acres
now bare and unproductive is the proposed
work that will bring greater results and add
more to our wealth than any other effort
ever made in our State. There is great need
of co-operation in order to obtain desired
results. If each town will do its full duty
in seeing that a thoroughly competent,

4

honest and public-spirited forest warden is
appointed, and then give him due encour-
agement through financial assistance and
otherwise, we are sure to make satisfactory
progress.

The State Forester’s office is headquarters
for a progressive forestry movement, and
stands in readiness not only to assist the
town forest wardens in outlining their work,
but to answer the inquiries of all Massa-
chusetts citizens. The State also has made
provision (1904, chapter 409, section 2) to
give aid and advice, upon request, to indi-
viduals having forest lands. The State
Forester is giving as much time as practi-
cable to the educational feature, and besides
is publishing bulletins and other literature,
as fire laws, ete. He delivers lectures and
talks before all organizations likely to be
interested in promoting forestry.

The State Forester particularly desires to
eall the attention of forest wardens and se-
lectmen in towns with a valuation of less
than $1,500,000 to chapter 398, Acts of 1910,
which allows him to reimburse such towns
50 per cent. of the cost of forest fire-fighting
apparatus.

4)

This book also contains the laws under
which the work of suppressing the gypsy
and brown-tail moths is carried on through-
out the State, and should be studied care-
fully by all our citizens in order that they
may become familiar with their duties and
responsibilities concerning this important
work.

F. W. RANE,
State Forester.

Room 1009, 6 Beacon Street, Boston, Mass.

‘A tree is one of nature’s words, a word of peace to
man;

A word that tells of central strength from whence
all things began;

A word to preach tranquillity to all our restless clan.

“Ah, bare must be the shadeless ways, and bleak
the path must be

Of him who, having open eyes, has never learned to
see,

And so has never learned to love the beauty of a
tree.

“Who loves a tree, he loves the life that springs in
star and clod,

He loves the love that gilds the clouds, and greens
the April sod;

He loves the Wide Beneficence; his soul takes hold
on God.”’

CONTENTS.

i.
PAGE
Tue State FORESTER, : ‘ d EEL
Appointment, term, etc., 4 : oi ee
Powers, duties, etc., i i ‘ Py oe
May establish and maintain nursery, etc.,. 15
May hire assistants, P ; 4 . 14
To make annual report, . ‘ a , 4
Appropriations, . ; : : <n ee
9
ForEST WARDENS IN CITIES AND Towns, . we
Appointment, etc., ; : 2 |
Duties of, etc., F : : ‘ iG
His deputies, 3 2 : ; 3. te
Compensation, : ; : : sip denis
Replace firewards, . : ‘ . ii ae
Not liable for trespass, . : : . is
Disturbing notices, ‘ ; ; 1: ES
Forestry conventions, . ; sc. ae
Existing forest firewards to Son é . es
Repeal, . : : : : , » he
III.

Powers OF Forrest WARDENS IN FIGHTING

FIRES AND TO CALL FOR ASSISTANCE, . 19

Back fires in woodlands, , : it

PAGE

PowErRs OF Forest WARDENS, ETC. — Con.
Penalty for refusing aid, 20
Rate of payment, $ | a
Permission to set fires in the open necessary, 20
Expenditures authorized, 21

IV.

FIRES IN THE OPEN AIR, 22
Permit necessary, 22
Arrest without warrant, . 23
Burning for moth suppression, 23
Acceptance of permit act by towns, 23
Fire balloons prohibited, + Gee
Close season for game in times of drouth, . 25

as

EXEMPLARY DAMAGES FOR INJURING TIMBER

AND SpecIAL LIABILITY OF RatILRoapDsS, 26
Treble damages for wilfully cutting, etc., . 26
Railroads liable for fire, etc., 27

WE.

LAND ADJOINING RAILROADS, AND POWERS AND

DutTIEs oF RAILROADS, 27
Spark arresters required, , 28
Must remove inflammable material, . 28
May clear adjoining land, 29
Railroad fire signal, ; 30
Duties of railroad employees, . 31
Duties of corporations, 31
Proviso as to park lands, ‘ 31
Railroads liable for extinguishment, 32

VII.
PAGE
Town APPROPRIATIONS AND Pusiic Domain, 32
Prevention of forest fires, : . 2 Oa
Public domain, taking, etc.,_ . , Pyse
Description of land to be filed, etc., eh
Board of Agriculture to act, etc., . . 34
Reimburse towns for cost of fire apparatus, 34
Permit to pick berries and flowers, . : so
VIII.
REFORESTATION, . Ty iil ; Senet
State Forester may or eee : Lee
Owners may repurchase land, . é ears

State Forester may accept gifts of lands, . 38
State Forester may distribute seeds and

seedlings, . : oe

Certain lands Stole fou ietniton! {CAE

Plantations exempt from taxation, . Se
IX,

PUNISHABLE OFFENCES AGAINST Forest LANpDs, 43
Setting fires to woodpiles, etc., : . 43
Setting fires to trees, ; : : . 43
Setting fires negligently, : : . 44
Cutting timber, etc., 4 : : . 44
Malicious injuries to trees, etc., 1 ee 3)
Trespass with intent to destroy, ; eG
Arrest without warrant, . : : ae: 17

as

ForEsTRY PUBLICATIONS, : ; : . 48

10

XI.

PAGE
Gypsy AND Brown-Tait Motu Law, . 48

Gypsy and brown-tail moths declared nui-
sances, : . 48
Superintendent, Wiepatseaien’ eAlbey etc., 49
Annual report, ‘ P ‘ d . 49
Powers and duties, ; : . (one
Cities and towns to destroy eggs, etc., : ae
Reimbursements, . é ; . 52
City and towns to be jintsaredd, : . ae
Commonwealth to make expenditures, ete., 53
Reimbursements, . ‘ . ae
Itemized account of eupunaiinab, nl jy Ca
Previous years as basis, . : a
Superintendent to order axcanfiihee etc., 54
Penalty failing to comply, , i . ae
Superintendent may continue work, ete., . 56
Expenditures not to exceed, ete., . ;.
Cities and towns to notify owners, etc., . 57
Part of premises may be designated, etc.,. 58
Lands may be assessed, ete., . ‘ »; an
Assessments of betterments, . f . 59
Redemption of real estate, ‘ ; . ee
Persons aggrieved may appeal, etc., .
Assessments may be abated, etc., . . BE
Expenditures, , , ae
Additional sums may be eter oe 05),
Repeal, : : : . Ge
Penalty for shatradane, Sia, : . 63
Valuation, previous year to govern, -
Abolition of office of superintendent, . Ga
Transportation of injurious insects, . . 66

Appropriations, . P ; ‘ .

11

MASSACHUSETTS FOREST LAWS.’

i
The State Forester.

1904, 409, as amended, 1907, 473, sec. 1,
and 1909, 263. The governor, with the con-
sent of the council, shall appoint an officer
to be known as the state forester, and shall
determine his salary. He shall be a trained
forester who has had a technical education.
He shall be ex officio a member of the state
board of agriculture. He shall act for the
commonwealth in suppressing the gypsy and
brown-tail moths as public nuisances. The
governor may, with the consent of the coun-
cil, remove the state forester at any time for

1 Laws relative to trees in the highways, streets, parks
and forests that border into the public thoroughfares are
not included. While these laws are closely associated
with and in some instances become forest laws it has been
thought best to clearly designate them as the tree warden
acts. See the so-called “tree warden law,’’ Acts? of 1899,
chap. 330; R. L., chap. 53, secs. 6 to 16.

12

such cause as he shall deem sufficient. In
case of the death, removal or resignation
of the state forester the governor shall forth-
with appoint a successor. 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, proceedings or liabilities shall be
affected hereby, but the state forester shall
in all respects and for all purposes be the
lawful successor of the superintendent for
suppressing the gypsy and brown-tail moths.

1904, 409, see. 2. It shall be the duty of
the state forester to promote the perpetua-
tion, extension and proper management of
the forest lands of the commonwealth, both
public and private. He may upon suitable
request give to any person owning or con-
trolling 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 ar-
ranged for by the trustees é6f the college and
the forester; and shall perform such other

13

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 examina-
tion or investigation made by him or his
assistants as to any lands within the com-
monwealth, 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, sec. 3. The state forester may
establish and maintain a nursery for the
propagation of forest tree seedlings on such
lands as the trustees of the Massachusetts
Agricultural College may set aside for that
purpose on the college grounds at Amherst.
Seedlings from this nursery shall be fur-
nished to the commonwealth without expense
for use upon reservations set aside for the
propagation of forest growth for other than
park purposes. He may distribute seeds
and seedlings to landowners, citizens of the

14°

commonwealth, under such conditions and
restrictions as he may, subject to the ap-
proval of the governor and council, deem
advisable.

1904, 409, sec. 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-
ance of his duties, and to fix their salaries.

1904, 409, sec. 5. The state forester shall
annually, on or before the thirty-first day of
December, make a written report to the gen-
eral court of his proceedings for the year
ending on the thirty-first day of December,
together with such recommendations as he
may deem proper, and with a detailed state-
ment of the receipts and expenditures in-
cident to the administration of his office.
His report shall be printed in the report of
the state board of agriculture.

1904, 409, sec. 6, as amended, 1907, 473,
sec. 2. Such sums as the general court shall
authorize may be expended annually by the
state forester, with the approval of the gov-
ernor and council, in carrying out the pro-
visions of this act.

15

I,

Forest Wardens in Cities and Towns.

R. L. 32, sec. 16, as amended, 1907, 475,
sec. 1. The mayor and aldermen in cities
and the selectmen in towns shall annually,
in March or April, appoint a forest warden,
and they shall forthwith give notice of such
appointment to the state forester. The ap-
pointment of a forest warden shall not take
effect unless approved by the state forester,
and when so approved notice of the appoint-
ment shall be given by the mayor and alder-
men 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 re-
fusal 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 pre-
vent the offices of tree warden, selectman,
chief of fire department and forest warden
from being held by the same person.

1907, 475, see. 2. The forest warden shall

16

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 forest fires and the
injury done thereby, the values of forest
lands, the character and extent of wood-
cutting operations, the prevalence of insect
pests injurious to forest growth, and other
matters affecting the extent and condition of
woodlands in his city or town, and shall re-
port 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 state-
ments 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, see. 20, as amended, 1907, 475,
sec. 3. The forest warden may appoint
deputies to assist him in the performance
of his duties and may discharge the same,

iW

and he or his deputies may, if in their judg-
ment there is danger from a forest fire,
employ assistance or require any male per-
son in their city or town between the ages
of eighteen and fifty years to aid in its ex-
tinguishment 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, see. 4. The state forester shall
from moneys annually appropriated for the
expenses of his office recompense the forest
wardens for the time spent by them in mak-
ing investigations under his direction accord-
ing to the provisions of section two of this
act: provided, that the state forester shall
not be lable to make any such payment
except upon the presentation of a duly
itemized account, or to pay for such investi-
gations at a rate greater than that of thirty- -
five cents an hour, or in excess of the
appropriation available for such payment.

1907, 475, see. 5. The officials designated
as “firewards” or “forest firewards,’ in

1 See further under next division of this pamphlet.

18

chapter thirty-two of the Revised Laws shall
hereafter be called Forest Wardens.

1907, 475, sec. 6. Forest wardens, their
deputies and assistants shall not be liable for
trespass while acting in the reasonable per-
formance of their duties.’

1907, 475, see. 7. Whoever wilfully and
maliciously tears down or destroys any
notice posted under the provisions of sec-
tion two of this act shall be punished by a
fine of ten dollars.

1907, 475, sec. 8. The state forester may
from moneys appropriated annually for the
expenses of his office expend a sum not ex-
ceeding two thousand dollars in making nec-
essary arrangements for conventions of
forest wardens and in paying wholly or in
part the travelling expenses 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 travelling 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.

1 Seezalso sections on pages 28 and 31.

19

1907, 475, sec. 9. Forest firewards ap-
pointed under section sixteen of chapter
thirty-two of the Revised Laws and foresters
appointed under section fourteen of chapter
fifty-three of the Revised Laws before the
passage of this act shall between the time of
its passage and the expiration of their
terms of office perform the duties and have
the powers of a forest warden as herein
provided.

1907, 475, sec. 10. Sections seventeen,
eighteen and twenty-two of chapter thirty-
two of the Revised Laws, and section four-
teen of chapter fifty-three of the Revised
Laws, and all acts and parts of acts incon-
sistent herewith are hereby repealed.

EL,

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

R. L. 32, sec. 19, as amended, 1907, 475,
sec. 5. If a fire occurs in woodland, two or
more of the forest wardens of the town, or
of a town containing woodland which is en-
dangered by such fire, who are present at
a place in immediate danger of being burned
over, may set back fires and take all neces-

20

sary precautions to prevent the spread of
the fire.

R. L. 32, see. 21. Whoever wilfully re-
fuses or neglects, without sufficient cause, to
assist, or to allow the use of his horses,
wagons or other property as required by the
preceding section, shall, for each offence, be
punished by a fine of not less than five nor
more than one hundred dollars, to be equally
divided between the complainant and the
town, and may also be imprisoned for not
more than sixty days.

R. L. 32, sec. 23. Payment shall be made
to forest wardens, to their deputies, and to
the persons assisting them, and for property
used under their direction at a forest fire,
at a rate prescribed by the town, or in de-
fault of its action thereon, by the selectmen.
No such payment 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, see. 24. In a town which accepts
the provisions of this section or has accepted
the corresponding provisions of earlier laws,

1 See also sec. 4 on page 18.

pal

no fire shall be set in the open air between
the first day of April and the first day of
October, unless by the written permission of
a forest warden. The forest warden shall
eause public notice to be given of the pro-
visions of this section, and shall enforce the
same. Whoever violates the provisions of
this section shall be punished by a fine of not
more than one hundred dollars, to be divided
equally between the complainant and the
town, or by imprisonment for not more than
one month, or by both such fine and im-
prisonment.

R. L. 32, see. 25. Money appropriated by
a town under the provisions of section seven-
teen of chapter twenty-five, for the preven-
tion of forest fires, and all fines received
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 select-
men, in trimming brush out of wood roads,
in preparing and preserving suitable lines
for back fires or in other ways adapted to
prevent or check the spread of fire; or such
town may expend any portion of such

22

money in taking in the name of the town
such woodland as the selectmen, upon the
recommendation of the forest warden, con-
sider expedient for the purpose of prevent-
ing 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.’

IV.
Fires in the Open Air.

1908, 209, sec. 1. In a town which accepts
the provisions of this act or has accepted a
corresponding provision of earlier laws no
fires shall be set in the open air between the
first day of April and the first day of De-
cember, except by the written permission of
the forest warden: provided, that debris
from fields, gardens and orchards, or leaves
and brush from yards may be burned on
ploughed fields by the owners thereof, their
agents or lessees, but in every case such fire
shall be at least two hundred feet distant
from any forest or sprout lands, and shall
be properly attended until it is extinguished.

1 See also sec. 3 on page 16.

23

The forest warden shall cause public notice
to be given of the provisions of this section,
and shall enforce the same. Whoever vio-
lates the provisions of this section shall be
punished by a fine of not more than one hun-
dred dollars, or by imprisonment for not
more than one month, or by both such fine
and imprisonment.

1908, 209, sec. 2. The provisions of the
preceding section shall not apply to fires
which may be set in accordance with regu-
lations and methods approved by the super-
intendent for suppressing the gypsy and
brown-tail moths.

1908, 209, sec. 3. The state forester shall
notify every town in the commonwealth of
the passage of this act by sending at least
three printed copies thereof to the town
clerk, who shall post the same in conspicuous
places.

1908, 209, sec. 4. . The state forester and
forest warden may arrest without a warrant
any persons found in the act of setting a fire
in violation of any provision of this act.

1908, 209, sec. 5. The selectmen of every
town shall cause this act to be submitted to
the voters for their acceptance at the next

24

annual meeting of the town after the passage
of this act. The vote shall be taken by sep-
arate ballot, and shall be “ Yes” or “No”
in answer to the following question printed
upon the ballot: “ Shall an act passed by the
general court in the year nineteen hundred
and eight, entitled ‘An Act to provide for
the protection of forest or sprout lands from
fire’ be accepted by this town?” A ma-
jority vote of the legal voters present and
voting at such meeting shall be required for
the acceptance of this act; and upon such
acceptance the provisions of section twenty-
four of chapter thirty-two of the Revised
Laws shall cease to apply to any town which
has previously accepted that section.

FiIrE BALLOONS.

1910, 141. It shall be unlawful within
any city or town in this commonwealth for
any person to liberate or fly fire balloons of
any description. Whoever violates 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.

CLosE SEASON FOR GAME IN TIMES OF
DroutH.

1909, 422, sec. 1. Whenever, during an
open season for the hunting of any kind of
game in this state, it shall appear to the
governor that by reason of extreme drouth
the use of firearms in the forest is lable 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 dis-
charge of firearms in or near forest land
during the said time.

1909, 422, sec. 2. During the time desig-
nated as above by the governor, all provi-
sions of law relating to the close season shall
be in force, and whoever violates any such
provisions shall be subject to the penalties
prescribed 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 there is no close season other-
wise provided by law, he shall be subject to
a fine of not more than one hundred dollars.

26

1909, 422, see. 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 the gov-
ernor may direct, under the charge and
lirection of the state forester and the com-
missioners on fisheries and game.

v.

Exemplary Damages for injuring Timber
and Special Liability of Railroads.

R. L. 185, see. 7. A person who without
license wilfully cuts down, carries away,
girdles or otherwise destroys any trees, tim-
ber, wood or underwood on the land of an-
other shall be liable to the owner in an
action 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 other-
wise lawfully authorized to do the acts com-
plained of, he shall be liable for single
damages only.’

1 Other sections of R. L. 185 provide exemplary dam-

ages for certain acts of waste and trespass, but have no
special reference to forest lands.

2

R. L. 111, see. 270. Every railroad cor-
poration and street railway company shall
be liable in damages to a person or corpora-
tion whose buildings or other property may
be injured by fire communicated by its
locomotive engines, and shall have an in-
surable 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 hable in damages, it
shall be entitled to the benefit of any insur-
ance 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 as-
sessed; and if not so recovered, the policy
of insurance shall be assigned to the cor-
poration which is held liable in damages, and
it may maintain an action thereon.

VI.

Land adjoining Railroads, and Powers and
Duties of Railroads.

1907, 431, sec. 1. Every corporation op-
erating a steam railroad within this com-
monwealth shall, subject to the approval of

28

the board of railroad commissioners, install
and maintain a sparkarrester on every
engine in its service in which wood, coke or
coal is used as fuel, and shall, between the
first day 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 hun-
dred feet distant from the centre line on each
side thereof, clear of dead leaves, dead
grass, dry bush or other inflammable ma-
terial, 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: pro-
vided, that nothing in this section shall be
construed to prohibit any railroad corpora-
tion 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, see. 2. Any railroad corpora-
tion may, upon giving notice according to

29

the provisions of this section, enter upon
unimproved land adjoining any location or
right of way upon which it operates engines
burning wood, coke or coal, and may there
at its own expense and subject to the direc-
tion of the forest warden, or the officer or
board having his powers, in the city or town
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 corpora-
tion shall, under the provisions of this sec-
tion, 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 unoccupied and
the owner does not reside or have a usual
place of business in the city or town, then,
unless the railroad corporation has within
two months published notice of its purpose
once in three successive weeks in a news-
paper published in the county in which the

30

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, sec. 3. Any engineer, con-
ductor or other employee on a train who
discovers a fire burning uncontrolled on
lands adjacent to the tracks shall forthwith
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 tele-
graph station, of the existence and location
of the fire. The provisions of this section
shall not affect the authority conferred upon
the board of railroad commissioners by the
1 Since the passage of chap. 475, Acts of 1907, the forest

warden would be the officer designated by the bracketed
- words.

31

provisions of section one hundred and forty-
eight of Part II of chapter four hundred
and sixty-three of the acts of the year nine-
teen hundred and six.

1907, 431, see. 4. Sectionmen or other
employees of a railroad corporation who re-
ceive notice of the existence and location of
a fire burning on land adjacent to the tracks
shall forthwith proceed to the fire and shall
use all reasonable efforts to extinguish it:
provided, that they are not at the time em-
ployed in labors immediately necessary to the
safety of tracks or to the safety and con-
venience of passengers and the public.

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

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

32

RAILROAD LIABILITY FOR THE EXTINGUISH-
MENT OF ForEST FIREs.

1909, 394, sec. 1. Any railroad corpora-
tion which, by its servants or agents, negli-
gently, or in violation of law, sets fire to
erass lands or forest lands shall be liable to
any city or town in which such fire occurs,
for the reasonable and lawful expense in-
curred by such city or town in the extin-
guishment of the fire.

1909, 394, sec. 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.

VIE
Town Appropriations and Public Domains.

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

R. L. 28, see. 23. A town, by a vote of

1 See also sec. 25 on page 21.

39

two-thirds of the legal voters present and
voting at a 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 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. 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 commonwealth
for the benefit of the city or town in which
it lies.

R. L. 28, see. 24. A description of the
land taken sufficiently accurate for its iden-
tification, shall within sixty days after such
taking, be filed by such city or town in the
registry of deeds for the county or district
in which the land is situated and shall be
recorded therein. Damages occasioned by
such taking may be recovered as provided in
the case of the taking of land for a high-
way.

34

R. L. 28, see. 25. The state board of agri-
culture shall [act as a board of forestry,
without pay, except for necessary travelling
expenses, and shall]* have the supervision
and management of all such public domains.
It shall make regulations for their care and
use, and for the planting and cultivating of
trees therein, and shall appoint one or more
keepers, who, under its direction, shall have
charge of each public domain, enforce its
regulations, perform such labor thereon as
it requires; and who shall, within such pub-
lic domain, have the power of constables and
public officers in towns.

REIMBURSE CERTAIN TOWNS FOR FIRE
APPARATUS.

1910, 398, sec. 1. Every town in the com-
monwealth with a valuation of one million
five hundred thousand dollars or less which
appropriates and expends money, with the
approval of the state forester, for apparatus
to be used in preventing or extinguishing

1 The words bracketed would appear to be superseded
by the law establishing the office of State Forester. For
further provisions as to establishment and management
of domains see other sections of the act.

30

forest fires or for making protective belts
or zones as a defence against forest fires,
shall be entitled, upon the recommendation
of the state forester, approved by the gov-
ernor, to receive from the treasury of the
commonwealth a sum equal to one half of
the said expenditure, but no town shall re-
ceive more than two hundred and fifty
dollars.

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

1910, 398, see. 3. This act shall take effect
upon its passage.

PICKING BERRIES AND FLOWERS AND CAMP-
ING AND PICNICKING DURING CERTAIN
MontHs IN THE COUNTIES OF BarRN-
STABLE AND PLYMOUTH.

1910, 478, sec. 1. It shall be unlawful
for any unnaturalized, foreign-born person
to pick wild berries or flowers, or to camp
or picnic upon any land of which he is not
the owner, within the counties of Barnstable
and Plymouth, between the first day of April
and the first day of December, without first

36

obtaining written permission 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 evi-
dence 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 offi-
cials named in this act.

1910, 478, sec. 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.

oi

VIIL.
Reforestation Act.

1908, 478, as amended, 1909, 214, sec. 1.
For the purpose of experiment and illustra-
tion in forest management and for the pur-
poses specified in section seven of this act,
the sum of five thousand dollars may be ex-
pended 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,
except that a greater area may so be ac-
quired if the land purchased 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

38

title to be transferred thereby have been ap-
proved by the attorney-general and until
such instruments have been executed and re-
corded.

1908, 478, see. 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 years
after the purchase by the commonwealth,
upon paying the price originally paid by the
commonwealth, together with the amount ex-
pended 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: pro-
vided, 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, sec. 3. The state forester may
in his diseretion, but subject to the approval
of the deed and title by the attorney-general
as provided in section one, accept on behalf
of the commonwealth gifts of land to be held

39

and managed for the purpose hereinbefore
expressed. A donor of such land may re-
serve the right to buy back the land in
accordance with the provisions of section
two, but in the absence of a provision to that
effect in his deed of gift he shall not have
such right.

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

1908, 478, sec. 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, sec. 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 taxa-
tion on account of any plantation of trees
set out or planted while it was held by the
commonwealth.

1908, 478, sec. 7. For the purpose of as-
sisting in reforestation a portion, not ex-

40

ceeding twenty per cent of the money
authorized by this act to be expended may
be used by the state forester for the dis-
tribution at not less than cost of seeds and
seedlings 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, sec. 8. The state forester shall
replant or otherwise manage all land ac-
quired 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 for-
estry results and protection of water sup-
plies.

1908, 478, sec. 9. All acts and parts of
acts inconsistent herewith are hereby re-
pealed.

1908, 478, see. 10. This act shall take
effect upon its passage.

Strate FORESTER MAY ACCEPT BEQUESTS.

1910, 153, see. 1. The state forester, with
the approval of the governor and council,
is hereby authorized to accept, on behalf of

4]

the commonwealth, bequests or gifts to be
used for the purpose of advancing the for-
estry interests of the commonwealth, under
the direction of the governor and council, in
such manner as to carry out the terms of
the bequest or gift.

1910, 153, see. 2. This act shall take effect
upon its passage.

CERTAIN LANDS EXEMPT FROM TAXATION.

1909, 187, see. 1. Land which does not
exceed in value ten dollars an acre, if well
stocked with thrifty white pine seedlings that
have attained an average height of not less
than fifteen inches, upon satisfactory proof
of its condition by the owner to the assessors,
shall be exempt from taxation for a period
of ten years thereafter: provided, that if
any trees of commercial value, except such
as are reasonably removed for the improve-
ment of the white pine growth, are cut or
removed from the said land, the exemption
herein provided for shall cease.

PLANTATIONS EXEMPT FROM TAXATION.

R. L. 12, see. 6, as amended, 1908, 120.
Land upon which pines, chestnuts, larches,

42

spruces, hemlocks, walnuts, hickories, Ameri-
can and large-toothed poplars, yellow and
paper birches, beeches, maples, basswoods,
or ash timber trees, or others when approved
by the state forester, have been set out or
planted to the number of not less than six
hundred per acre, and which by such setting
out or planting has become evenly stocked
with such trees to the number of not less
than twelve hundred per acre, including in
such number the trees growing naturally
upon said land, shall be exempt from taxa-
tion for a period of ten years after the said
trees have grown in height two feet on the
average, upon satisfactory proof by the
owners to the assessors of the foregoing
facts: provided, that at the time when the
trees are planted or set out the said land is
not woodland or sproutland, or land con-
taining more than six hundred standing trees
to the acre, and does not exceed in value
ten dollars per acre; and provided, further,
that such exemption shall not extend beyond
the time during which said land is devoted
exclusively to the growth of said trees.

43

ix.
Punishable Offences against Forest Lands.

R. L. 208, see. 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
or gate, or a stack of grain, hay or other
vegetable 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 it-
self, of another, shall be punished by im-
prisonment 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, sec. 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 shall
be punished by a fine of not more than one
hundred dollars or by imprisonment for not
more than six months.

R. L. 208, sec. 8. Whoever wilfully or
without reasonable care sets fire upon land
of another whereby the property of another

44

is injured, or whoever negligently or wil-
fully suffers any fire upon his own land to
extend beyond the limits thereof, whereby
the woods or property of another are in-
jured, shall be punished by a fine of not
more than two hundred and fifty dollars.

R. L. 208, sec. 9. Whoever in a town
which accepts the provisions of this section,
or has accepted the corresponding provisions
of earlier laws, sets a fire on land which is
not owned or controlled by him and before
leaving the same neglects to entirely ex-
tinguish 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, see. 99, as amended, 1904, 444,
sec. 1. Whoever wilfully cuts down or de-
stroys timber or wood standing or growing
on the land of another, or carries away any

45

kind of timber or wood cut down or lying
on such land, or digs up or e¢arries away
stone, ore, gravel, clay, sand, turf or mould
from such land, or roots, nuts, berries,
erapes or fruit of any kind or any plant
there being, or cuts down or carries away
sedge, grass, hay or any kind of corn, stand-
ing, 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 has no
interest or property, without the license of
the owner thereof, shall be punished by im-
prisonment for not more than six months or
by a fine of not more than five hundred dol-
lars, and if the offence is committed on the
Lord’s day or in disguise or secretly in the
night time the imprisonment shall not be
less than five days nor the fine less than five
dollars.

R. L. 208, see. 100. Whoever wilfully
and maliciously cuts down, destroys or in-
jures a tree which is not his own, standing
for any useful purpose, or whoever wilfully
and maliciously breaks glass in a building
which is not his own, or whoever wilfully
and maliciously breaks down, injures, mars

46

or defaces a fence belonging to or enclosing
land which is not his own, or wilfully and
maliciously throws down or opens a gate,
bars or fence, and leaves the same down or
open, or maliciously and injuriously severs
from the freehold of another any produce
thereof or anything attached thereto, shall
be punished by imprisonment for not more
than six months or by a fine of not more
than five hundred dollars.

R. L. 208, see. 106. Whoever wilfully and
maliciously, and without permission of the
owner or person having control thereof,
enters upon the orchard, garden or other
improved land* of another, with intent to
cut, take, carry away, destroy or injure the
trees, grain, grass, hay, fruit or vegetables
there growing or being, 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 disguise or secretly in
the night time the imprisonment shall not
be less than five days nor the fine less than
five dollars.

1 It is believed that artificial plantations of forest trees
are within the meaning of this section.

47

R. L. 208, sec. 121. Whoever is discovered
in the act of wilfully injuring a fruit or
forest tree or of committing any kind of
malicious mischief on the Lord’s day may
be arrested without a warrant by a sheriff,
deputy sheriff, constable, watchman, police
officer or other person, and detained in jail
or otherwise until a complaint can be made
against him for the offence and he be taken
upon a warrant issued upon such complaint;
but such detention without warrant shall not
continue more than twenty-four hours.

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 a fire.
Said commissioners and their deputies may
require assistance according to the provisions
of section twenty of chapter thirty-two of
the Revised Laws, and they shall take pre-
cautions to prevent the progress of forest
fires, or the improper kindling thereof, and
upon the discovery of any such fire shall im-
mediately summon the necessary assistance,
and notify the forest fireward of the town.

-

48

X.
Forestry Publications.

1908, 121. Resolved, That such publica-
tions of the state forester as shall be desig-
nated by the governor and council may be
sold by the state forester at a price not less
than the cost thereof; and additional copies
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 common-
wealth.

XI.
Gypsy and Brown Tail Moth Law.

Acts oF 1905, CHAPTER 381, AS AMENDED BY ACTS
oF 1906, CHAPTER 268, Acts oF 1907, CHAPTER
521], Acts or 1908, CHapTER 591, AND AcTS OF
1910, CHapTerR 150.

An ACT TO PROVIDE FOR SUPPRESSING THE

Gypsy AND Brown Tart Morus.

Be it enacted, etc., as follows:

Section 1. For the purposes of this act
the pupe, nests, eggs and caterpillars of the
gypsy and brown tail moths and said moths

49

are hereby declared public nuisances, and
their suppression is authorized and required;
but no owner or occupant of an estate in-
fested by such nuisance shall by reason
thereof be liable to an action, civil or erim-
inal, except to the extent and in the manner
and form herein set forth.

Section 2.7. The governor, by and with
the consent of the council, shall appoint a
superintendent for suppressing the gypsy
and brown tail moths and shall determine
his salary. The governor may, with the con-
sent of the council, remove said superin-
tendent at any time for such cause as he
shall deem sufficient. In case of the death,
removal or resignation of the superintendent
the governor shall forthwith appoint a suc-
cessor. On or before the third Wednesday
in January in each year the superintendent
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

1 The office of superintendent was abolished by chap-
ter 263, Acts of 1909, and the State Forester placed in
charge of the work of suppressing the gypsy and brown
tail moths. See chapter 268, Acts of 1909, printed on
page 64.

50

expenditures 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-
wealth in suppressing said moths as public
nuisances, in accordance with the provisions
of this act. For this purpose he shall estab-
lish 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 individuals
under this act. He may employ such clerks,
assistants and agents, including expert ad-
visers and inspectors, as he may deem nec-
essary and as shall be approved by the
governor. He may make contracts on behalf
of the commonwealth; may act in co-opera-
tion with any person, persons, corporation
or corporations, including other states, the
United States or foreign governments; may
conduet investigations and accumulate and
distribute information concerning said moths ;
may devise, use and require all other lawful

51

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 com-
monwealth or of a municipality, corporation,
or other owner or owners, and may use all
reasonable means in earrying out the pur-
poses of this act; and, in the undertakings
aforesaid, may, in accordance with the pro-
visions of this act, expend the funds appro-
priated or donated therefor; but no
expenditure shall be made or liability in-
eurred in excess of such appropriations and
donations.

The clerks, assistants and agents employed
by said superintendent may at all times, in
carrying out the purposes of this act, enter
upon the land of the commonwealth or of
a municipality, corporation or other owner
or owners.

Section 4. [As amended by section 2,
chapter 268, Acts of 1906; by section 1,
chapter 521, Acts of 1907; and by section
1, chapter 150, Acts of 1910.] The mayor
and aldermen in cities and the selectmen in

52

towns shall annually in the month of March
or April appoint a local superintendent for
the suppression of the gypsy and brown tail
moths who shall under the advice and general
direction of the state forester destroy the
egos, caterpillars, pupe 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 un-
less approved by the state forester, and when
so approved, notice of the appointment shall
be given by the mayor and aldermen or se-
lectmen 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.

Cities or towns, where one twenty-fifth of
one per cent of the assessed valuation of real
and personal property is less than five thou-

53

sand dollars, and where the assessed valua-
tion of real and personal property is greater
than six million dollars, shall be reimbursed
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 sup-
pressing 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 common-
wealth 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

54

it has submitted to the auditor of the com-
monwealth 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 approved
by the superintendent and the auditor of the
commonwealth.

For the purposes of this section, the valu-
ation of the previous year shall be taken as
a basis. The fiscal year for nineteen hun-
dred 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, and by section 2,
chapter 521, Acts of 1907.] When, in the
opinion of the superintendent, any city or
town is not expending 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

50

methods as the superintendent, with the con-
sent of the governor, shall prescribe: pro-
vided, that no city or town where the
assessed valuation of real and personal prop-
erty exceeds six million dollars shall be
required to expend, exclusive of any reim-
bursement received from the commonwealth,
during any one full year more than one fif-
teenth of one per cent of such valuation,
and that no town where the assessed valu-
ation of real and personal property is less
than six million dollars shall be required to
expend, exclusive of any reimbursement re-
ceived from the commonwealth, 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 su-
preme judicial court for Suffolk county.

In case of emergency, or where there is

56

ereat or immediate danger of the increase
or spread of the moths due to the negleet
of any city or town to comply with the terms
of this act, the superintendent, with the con-
sent 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 nec-
essary. The cost of such work, including
that done on private estates, less any sum
due from the state by way of reimburse-
ments on account of said work, shall be
certified by the superintendent to the treas-
urer 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 ease 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 ex-
pended in any one year shall not exceed ten
per cent of the appropriations made for the

a7

year by the state for the purpose of sup-
pressing said moths.

Section 6. [As amended by section 4,
chapter 268, Acts of 1906, and by section
2, chapter 591, Acts of 1908.] The mayor
of every city and the selectmen of every
town shall, on 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
egos, caterpillars, pupez and nests of said
moths shall be destroyed within a time spec-
ified in the notice.

When, in the opinion of the mayor or
selectmen, the cost of destroying such eggs,
caterpillars, pupz and nests on lands con-
tiguous and held under one ownership 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
egos, caterpillars, pupe or nests shall be de-

58

stroyed may be designated in such notice,
and such requirement 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 ap-
proval of the state superintendent.

If the owner or owners shall fail to de-
stroy such eggs, caterpillars, pup or nests
in accordance with the requirements 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
superintendent, destroy the same, and the
amount actually expended thereon, not ex-
ceeding one half of one per cent of the
assessed valuation of said lands, as hereto-
fore specified in this section, shall be as-
sessed 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 accordance with the
provisions of section four of this act. The
amounts to be assessed upon private estates
as herein provided shall be assessed and col-
lected, and shall be a lien on said estates,

59

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 upon
any parcel of land within the limits of such
city or town for the purpose of determining
whether or not such parcel of land is in-
fested with said moths, or the extent to
which such pareel 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, im the
opinion of the assessors of a city or town,
any land therein has received, by reason of
the abatement of said nuisances thereon by
said superintendent or by said city or town,
a special benefit beyond the general advan-
tage to all land in the city or town, then
the said assessors 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 one ownership shall exceed
one half of one per cent of the assessed

60

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. Such assessment shall be a lien upon
the land for three years from the first day
of January next 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
chapter thirteen of the Revised Laws relative
to the collection of taxes.

Real estate sold hereunder may be re-
deemed within the time, in the manner, and
under the provisions of law, so far as they
may be applicable, set forth in chapter thir-
teen 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

61

county in which the land lies, by entering
a complaint in said court within thirty days
after he has had actual notice of the assess-
ment, 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 without
a jury after its entry; but the court may
allow further time, or may advance the case
for speedy trial, or may appoint an auditor
as in other eases. The court may revise 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
collector’s sale made under an erroneous
assessment, may award costs to either party
and may render such judgment as_ justice
and equity require.

If, in the opinion of the assessors, the
owner of an estate upon which an assess-
ment as aforesaid has been made is, by rea-
son of age, infirmity or poverty unable to
pay the assessment, they may upon appli-
cation abate the same. Every city or town
in rendering an account to the state auditor
as provided for in section four of this act

62

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 ac-
count: provided, such work was performed
under such conditions as require reimburse-
ment in whole or in part by the state.

Section 8. To meet the expenses in-
curred under authority of this act, there
shall be allowed and paid out of the treasury
of the commonwealth, during the period up
to and including May first, nineteen hundred
and seven, the sum of three hundred thou-
sand 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 ex-
pended during the calendar year nineteen
hundred and seven, up to and including
May first.

Section 9. An additional sum of ten

63

thousand dollars in each of the years nine-
teen hundred and five, nineteen hundred 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 destroying
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 hun-
dred 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 superin-
tendent or an official of a city or town, or a
servant or agent duly employed by said
superintendent or by any of said officials,
while lawfully engaged in the execution of
the purposes of this act, or who knowingly
fails to comply with any of the rules or

64

regulations 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, Acts of 1907.] Valuations of
real and personal property of each previous
year shall govern the provisions of this act.

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

Acts oF 1909, CHAPTER 263.

AN ACT TO PROVIDE FOR CONSOLIDATING THE
OFFICE OF SUPERINTENDENT FOR SUP-
PRESSING THE GyYPSy AND Brown TAIL
Morus AND THE DEPARTMENT OF THE
STATE FORESTER.

Be it enacted, etc., as follows:

Section 1. Section one of chapter four
hundred and nine of the acts of the year
nineteen hundred and four, as amended by
section one of chapter four hundred and
seventy-three of the acts of the year nineteen
hundred and seven, is hereby further
amended by striking out the said section and
inserting in place thereof the following: —
Section 1. The governor, with the consent

65

of the council, shall appoint an officer to
be known as the state forester, and shall de-
termine his salary. He shall be a trained
forester who has had a technical education.
He shall be ex officio a member of the state
board of agriculture. He shall act for the
commonwealth in suppressing the gypsy and
brown tail moths as public nuisances. The
governor may, with the consent of the coun-
cil, remove the state forester at any time for
such cause as he shall deem sufficient. In
ease of the death, removal or resignation of
the state forester the governor shall forth-
with appoint a successor.

Section 2. 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 transferred to
the state forester. No existing contracts,
proceedings or liabilities shall be affected
hereby, but the state forester shall in all re-
spects and for all purposes be the lawful
successor of the superintendent for sup-
pressing the gypsy and brown tail moths.

Section 3. This act shall take effect upon
its passage.

66

Acts oF 1909, CHAPTER 452,

An ACT TO PROVIDE FOR THE SUPPRESSION
OF THE GYPSY AND Brown Tait Morus.

Be wt enacted, etc., as follows:

Section 1. The state forester is hereby
authorized to expend for the suppression
of the gypsy and brown tail moths, and for
expenses incidental thereto, the sum of one
hundred and fifty thousand dollars annually
for three years, beginning with the year
nineteen hundred and ten; and if any part
of the said one hundred and fifty thousand
dollars remains unexpended at the close of
any year the balance may be expended in
the following year.

Srecrion 2. This act shall take effect upon
its passage.

TRANSPORTATION OF INJuURIOUS INSECTS.

R. L. 208, see. 108. Whoever knowingly
brings the insects which are known as the
ocneria dispar or gypsy moth or as the
brown tail moth, or their nests or eggs, into
this commonwealth, or whoever knowingly
transports said insects or their eggs or nests

67

from one city or town to another city or
town in the commonwealth, except when en-
gaged in, and for the purpose of, destroying
them, shall be punished by a fine of not
more than two hundred dollars, or by im-
prisonment for not more than sixty days,
or by both such fine and imprisonment.