Forest laws ..

-F. W. RANE

| STATE FORESTER
| Room 7, State House, Boston, Mass., U: S. A.

THE

Commonuralth of Massachusetts.

FOREST LAWS.

Two years after a forest fire. Several thousand acres
in one tract in Plymouth County. A loss that will
take years to regain to forest conditions.

By F. W. RAne, State Forester.
Room 7, StaTE House, Boston, Mass., U.S.A.

BOSTON:
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
18 POST OFFICE SQUARE.
1907.

A white pine growth destroyed by fire in the spring of
1907 that would have been worth two to five hun-
dred dollars qn Ou a 3) fteen to twenty-five years.

© —~ Se | yu

APPROVED BY THE STATE BOARD OF PUBLICATION.

CO TIT II y

TO MASSACHUSETTS CITIZENS.

In order that every one may become ac-

quainted with the forest laws of Massachusetts
the State Forester has compiled the various
enactments in this small booklet.
' Tt is believed that the recent enactments of
our General Court (1907) will go very far
towards forming a strong foundation for future
accomplishments in our State forestry work.

Tf each town will do its full duty in seeing
that a thoroughly competent, honest and pub-
lic-spirited forest warden is appointed, and
then give him due encouragement through
financial assistance, good results are bound to
follow. -

With a corps of 320 forest wardens (one in
each town), besides those in the cities, each

with an organized working force of deputies

iv FOREWORD.

and public-spirited privates, the State Forester
will have an army of men thoroughly enlisted
in bettering our Bay State forestry conditions.

The State Forester’s cflice (room 7, State
House, Boston) is headquarters for a progres-
sive forestry movement, and stands in readi-
ness not only to assist the town forest wardens
in outlining their work, but to answer inquiries
of all Massachusetts citizens. The State also
has made provisions, as per enclosed law
(1904, chapter 409, section 2), to give aid
and advice upon request to individuals having
forest lands. The forester is giving as much
- time as practicable to the educational feature,
and besides is publishing bulletins and other
literature, as fire laws, etc. He delivers lec-
tures and talks before all organizations likely
to be interested in promoting forestry. He
has given talks before the following organiza-
tions this year: Massachusetts Forestry Asso-
ciation, State Board of Agriculture, Pomona
granges, Boards of Trade, Eastern Shook

and Wooden Box Manufacturers’ Association,

FOREWORD. Vv

schools and colleges, Women’s clubs, Field
and Forest Club, the New England Railroad
Club, the Massachusetts and Worcester Horti-
cultural societies, various farmers’ clubs, local
granges, civic clubs, improvement societies,
etc.

There is great need of co-operation in order
to get desired results. The enclosed laws it
is believed offer a natural channel through
which may flow beneficial results and great

future good for this Commonwealth.

F. W. RANE,
State Forester.

STATE House, Boston, MAss.,
July 15, 1907.

CONTENTS:

THE STATE FORESTER, :
Appointment, term,etc., . : “
Powers, duties, etc.,

May establish and maintain nursery, etc., .

May hire assistants, .
To make annual report,
Appropriations, .

II.

FoREsT WARDENS IN CITIES AND TOWNS,
Appointment, etc.,
Duties of, etc.,
His deputies,
Compensation,
Replace firewards, .
Not liable for trespass, .
Disturbing notices,
Forestry conventions, .
Existing forest firewards to act,
Repeal,

maonrnrItan oe

Vili

CONTENTS.

III.

POWERS OF FOREST WARDENS IN FIGHTING

FIRES AND TO CALL FOR ASSISTANCE, .
Back fires in woodlands,
Penalty for refusing aid,
Rate of payment, . :
Permission to set fires in fe open neces
Expenditures authorized, . - :

IV.

PUNISHABLE OFFENCES AGAINST FOREST

LANDS, : .
Setting fires to woods: etee
Setting fires to trees, . : - : °
Setting fires negligently,
Cutting timber, etc., .
Malicious injuries to trees, etc.,
Trespass with intent to destroy, .
Arrest without warrant,

Wis

EXEMPLARY DAMAGES FOR INJURING TIMBER

AND SPECIAL LIABILITY OF RAILROADS,
Treble damages for wilfully cutting, etc., .
Railroads liable for fire, etc.,

PAGE
9

9

9

10

10
11

12
12
12
13
13
14
15
16

17

17

CONTENTS. Be

Wi.
PAGE

LAND ADJOINING RAILROADS AND POWERS

AND DuTIES OF RAILROADS, . : ieee
Spark arresters required, . ‘ ; 4 a8
Must remove inflammable material, . eu hG
May clear adjoining land, . : : are |S,
Railroad fire signal, . ; A ‘ a
Duties of railroad employees, . : pe!
Duties of corporations, ‘ : : ae?
Proviso as to park lands, . : Pe ra ee,

VII.

TOwN APPROPRIATIONS AND Pusiic DOMAIN, 22
Prevention of forest fires, . - 3 4 tele
Public domain, taking, etc., ; 2 2 2
Description of land to be filed, etc., . a Zo
Board of Agriculture to act, etc., : . 24

VIII.

PLANTATIONS EXEMPT FROM TAXATION, . . 24

Plantation of timber trees, . : : . 24
IX.

Gypsy Motu anp INsEcT PzxstTs, . : 25
Gypsy and brown tail moths declared nui-

sances, . : Pan)

Superintendent, aipointmnint, silery, ae. el 26.

x CONTENTS.

Gypsy Motu Anp Insect PEsts — Con.
Annual report,
Powers and duties, :
Cities and towns to destroy anes oe, si

Reimbursements, . 5
City and towns to be sotiabuneed A
Commonwealth to make expenditures, ete.
Reimbursements, . ;
Itemized account of expoiditares, etc.,
Previous years as basis, : :

Superintendent to order expendseuee etc.
Penalty failing to comply,

Superintendent may continue work, de. os
Expenditures not to exceed, etc.,

Cities and towns to notify owners, etc.,
Part of premises may be designated, eic.,
Lands may be assessed, etc.,

Assessments of betterments,

Redemption of real estate, .

Persons aggrieved may appeal, etc.,
Assessments may be abated, etc.,
Expenditures,

Additional sums may pe erpendledd che 4
Repeal, ; ;
Penalty for phstrnenae: etc.,
Valuation, previous year to govern,
Transportation of injurious insects,

’

38

39

MASSACHUSETTS FOREST LAWS.’

I.

The State Forester.

1904, 409, as amended, 1907, 473, sec. 1.
The governor, with the advice and consent of
the council, shall appoint an officer 2

Appoint-
to be known as the state forester, ment, term,
who shall receive an annual salary the
of three thousand dollars. He shall be a trained
forester who has had a technical education. He
shall serve for the term of one year, unless re-
moved for cause by the governor and council,
or until his successor has been appointed and
has qualified for office. The term of his office
shall begin on the first day of July. The state
forester shall be, ex officio, a member of the
state board of agriculture.

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,” chap. 330,
Acts of 1899; R. L., chap. 53, secs. 6 to 16.

Oe FOREST LAWS.

1904, 409, sec. 2. It shall be the duty of
the state forester to promote the perpetuation,
Powers and @Xtension and proper management
TEI of the forest lands of the Common-
wealth, both public and private. He may
upon suitable request give to any person own-
ing 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.

FOREST LAWS. 3

1904, 409, sec. 3. The state forester may
establish and maintain a nursery for the propa-
gation of forest tree seedlings on nee Sonate
such lands as the trustees of the lish and
Massachusetts Agricultural Col- autores,
lege may set aside for that purpose ets
on the college grounds at Amherst. Seedlings
from this nursery shall be furnished 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 land-
owners, citizens of the Commonwealth, under
such conditions and restrictions as he may, sub-
ject to the approval of the governor and coun-
cil, deem advisable.

1904, 409, sec. 4. The state forester is
hereby empowered, subject to the approval of
the governor and council, to hire yay nire
such assistants as he may need in @8sistants.
the performance 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 make
to the general court of his pro- annual
ceedings for the year ending on the ace

4 FOREST LAWS.

thirty-first day of 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. 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
Moioetia authorize may be expended annu-
tions. ally by the state forester, with the
approval of the governor and council, in
carrying out the provisions of this act.

E,

Forest Wardens in Cities and Towns.

R. L. 82, sec. 16, as amended, 1907, 475,
sec. 1. The mayor and aldermen in cities
anne and the selectmen in towns shall
SESE LS annually, in March or April, ap-
point a forest warden, and they shall forth-
with give notice of such appointment to the
state forester. 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.

FOREST LAWS. 5

Whoever haying 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, select-
man, chief of fire department and forest warden
from being held by the same person.

1907, 475, sec. 2. The forest warden shall
take precautions to prevent the spread of forest
fires and the improper kindling ;

Duties of
thereof, and shall have sole charge forest
of their extinguishment. He shall eal
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 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 relat-

6 FOREST LAWS.

ing thereto as may be supplied to him by the
state forester. The engineers of fire depart_
ments 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, sec. 20, as amended, 1907, 47a:
sec. 3. The forest warden may appoint depu-
ties to assist him in the performance
of his duties and may discharge the
same, and he or his deputies may, if in their
judgment there is danger from a forest fire,
employ assistance or require any male person
in their city or town between the ages of
eighteen and fifty years to aid in its extinguish-
ment 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, sec. 4. The state forester shall
from moneys annually appropriated for the ex-
Compensa- DPenses of his office recompense the
tion. forest wardens for the time spent

Deputies.

1 See further under next division of this pamphlet.

FOREST LAWS. 4

by them in making investigations under his
direction 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.

1907, 475, sec. 5. The officials designated
as « firewards” or ‘‘ forest firewards,” in chap-
ter thirty-two of the Revised Laws Replace
shall hereafter be called Forest frewards.

- Wardens.

1907, 475, sec. 6. Forest wardens, their
deputies and assistants shall not be liable for
trespass while acting in the reason- wot iable
able performance of their duties.! for trespass.

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

1907, 475, sec. 8. The state forester may
from moneys appropriated annually for the

1 See also sections on pages 19 and 21.

8 FOREST LAWS.

expenses of his office expend a sum not ex-
ceeding two thousand dollars in making neces-
Forest con. S@ry arrangements for conventions
ventions. _ 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.

1907, 475, sec. 9. Forest firewards appointed
under section sixteen of chapter thirty-two of
Existing the Revised Laws and foresters
forest re-appointed under section fourteen
BES. of chapter fifty-three of the Re-
vised Laws before the passage of this act shall
between the time of its passage and the expira-
tion 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

Repeal.
ae fourteen of chapter fifty-three of

FOREST LAWS. 9

the Revised Laws, and all acts and parts of
acts inconsistent herewith are hereby re-
pealed.

Abas:

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

Back fires
town, or of a town containing im wood-
woodland which is endangered by aaa
such fire, who are present at a place in imme-
diate danger of being burned over, may set
back fires and take all necessary precautions
to prevent the spread of the fire.

R. L. 32, sec. 21. Whoever wilfully refuses
or neglects, without sufficient cause, to assist,
or to allow the use of his horses,

Penalty for
wagons or other property as re- refusing
quired 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 com-
plainant and the town, and may also be im-
prisoned for not more than sixty days.

R. L. 32, sec. 23. Payment shall be made
to forest wardens, to their deputies, and to the

10 FOREST LAWS.

persons assisting them, and for property used
under their direction at a forest fire, at a rate
Rate of pay- Prescribed by the town, or, in
ment. default of its action thereon, by
the selectmen. Nosuch 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, sec. 24. Ina town which accepts
the provisions of this section or has accepted
Permission the corresponding provisions of —
toset fires earlier laws, no fire shall be set in
in the open
necessary. the open air between the first day
of April and the first day of October, unless by
the written permission of aforest warden. The
forest warden shall cause public notice to be
given of the provisions of this section, and shall
enforce the same. Whoever violates the pro-
visions 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
imprisonment.

1 See also sec. 4 on page 6.

FOREST LAWS. it

R. L. 32, sec. 25. Money appropriated by

a town under the provisions of section seventeen
of chapter twenty-five, for the pre- ee
vention of forest fires, and all fines tures
received under the provisions of Re
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 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 money
in taking in the name of the town such wood-
land 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 re-
lating to the taking of land for highways.!

1 See also sec. 3 on page 6.

12 FOREST LAWS.

EV:

Punishable Offences against Forest Lands.
R. L. 208, sec. 5. Whoever wilfully and
maliciously burns or otherwise destroys or
i injures a pile or parcel of wood,
Setting fires y
to wood- boards, timber or other lumber, or
ial 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 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, sec. 7. Whoever by wantonly or
recklessly setting fire to any material causes
Setting fire injury to, or the destruction of,
5D EGGS 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 with-
out reasonable care sets fire upon land of

FOREST LAWS. 13

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

R. L. 208, sec. 9. Whoever ina town which
accepts the provisions of this section, or has
accepted the .corresponding pro- gine
visions of earlier laws, sets a fire Subject.
on land which is not owned or controlled by
him and before leaving the same neglects to
entirely extinguish such fire, or whoever wil-
fully 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, sec. 99, as amended, 1904, 444,
sec. 1. Whoever wilfully cuts down or de-
stroys timber or wood standing or gutting -
growing on the land of another, timber, ete.

14 FOREST LAWS.

or carries away any kind of timber or wood
_ eut 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 car-
ries 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 imprisonment for not more
than six months or by a fine of not more than
five hundred dollars, and if the offence is com-
mitted on the Lord’s day or in disguise or se-
cretly in the night time the imprisonment shall
not be less than five days nor the fine less than
five dollars.
R. L. 208, sec. 100. Whoever wilfully and
maliciously cuts down, destroys or injures a
4 tree which is not his own, standing
Malicious
injuries to for any useful purpose, or whoever
ee ae wilfully and maliciously breaks
glass in a building which is not his own, or
whoever wilfully and maliciously breaks down,
injures, mars or defaces a fence belonging to

FOREST LAWS. 15

or enclosing land which is not his own, or wil-
fully 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, sec. 106. Whoever wilfully and
maliciously, and without permission of the
owner or person having control

Trespass
thereof, enters upon the orchard, with intent
garden or other improved land! of '° 4°S'T0¥: .
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.

R. L. 208, sec. 121. Whoever is discovered

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

16 FOREST LAWS.

in the act of wilfully injuring a fruit or forest
dete tree or of committing any kind of
without malicious mischief on the Lord’s
een 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 war-
rant shall not continue more than twenty-four
hours.

1907; 299. ‘The commissioners on fisheries
and game and their duly authorized deputies
eee may arrest without a warrant any
subject. person found in the act of un-
lawfully setting a fire. Said commissioners
and their deputies may require assistance ac-
cording to the provisions of section twenty of
chapter thirty-two of the Revised Laws, and
they shall take precautions to prevent the prog-
ress 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.

FOREST LAWS. 17

Vr.
Exemplary Damages for injuring Timber
and Special Liability of Railroads.

R. L. 185, sec. 7. A person who. without
license wilfully cuts down, carries away, girdles
or otherwise destroys any trees, timber, wood
or underwood on the land of another shall
be liable to the owner in an action »p pie dam-
of tort for three times the amount ges for

wilfully cut-
of the damages assessed therefor; ting, ete.
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, sec. 270. Every railroad corpo-
ration and street railway company shall be
liable uh damages to ee ede
corporation whose buildings or liable for

teas fire and
other property may be injured by may procure
fire communicated by its locomo- ”*""*"°*
tive engines, and shall have an insurable in-

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.

18 FOREST LAWS,

terest in the property upon its route for which
it may be so held liable, and may procure in-
surance 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 as-
sessed; 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.

VI.
Land adjoining Railroads and Powers and
Duties of Railroads.

1907.) 4314 “see. “Al. Every corporation
operating a steam railroad within this Com-
Sore monwealth shall, subject to the
JESS ESET approval of the board of railroad
commissioners, install and maintain a spark-
arrester 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

FOREST LAWS. Loy,

are operated, to a point two hundred feet dis-
tant from the centre line on each side thereof,
clear of dead leaves, dead grass, dry bush or
other inflammable material, and yyust re-
shall not at any time leave any Movein. |
deposit of fire, hot ashes or live ™aterial.
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 construed to pro-
hibit any railroad corporation from piling or
keeping upon its location or right of way cross-
ties or other material necessary for the main-
tenance and operation of its railroad.

1907, 431, sec.2. Any railroad corporation
may, upon giving notice according to the pro-
visions of this section, enter upon

C 9 mene tas May clear
unimproved land adjoining any land adjoin-
location, or right of way upon 2 l°c@tion.
which it operates engines 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 in which the land is situated,

mes

«eae

20 FOREST LAWS.

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 provisions 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 re-
sides 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 re-
side or have a usual place of business in the
city or town, then, unless the railroad corpo-
ration 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

1 Since the passage of chap. 475, Acts of 1907, the forest
warden would be the officer designated by the bracketed
words.

FOREST LAWS. 21

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, conductor
or other employee on a train who discovers a
fire burning uncontrolled on lands paiyroaa
adjacent to the tracks shall forth- fire signal.
with 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 board of rail-
road commissioners by the provisions of section
one hundred and forty-eight of Part I of chapter
four hundred and sixty-three of the acts of the
year nineteen hundred and six.

1907, 481, sec. 4. Sectionmen or other em-
ployees of a railroad corporation who receive
notice of the existence and location :
of a fire burning on land adjacent unde
to the tracks shall forthwith pro- oa.
ceed to the fire and shall use all reasonable

22 - FOREST LAWS.

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, sec. 5. Railroad corporations
shall inform their employees as to their duties
under this act and shall furnish
Duty of : P
corpora- them with the appropriate facil-
tion. +). . : .
ities for reporting. and extinguish-
ing 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
Proviso as . :
to park in the management or care of, any
lands. : .
public park or reservation.

Vil

Town Appropriations and Public Domains.
R. L. 25, sec. 17. A town which accepts
the provisions of this section, or has accepted
the corresponding provisions of
Prevention " A
of forest earlier laws, may appropriate
fires. °
money for the prevention of forest
fires to an amount not exceeding one-tenth of
one per cent of its valuation.!

1 See also sec. 25, on page 11.

FOREST LAWS. 23

R. L. 28, sec. 23. A town, by a vote of
two-thirds of the legal voters present and vot-
ing at a town meeting, or a cityiN pyptic
which the city council consists of pues ne
two branches, by a vote of two- poses, title.
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 pur-
chase 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 cul-
ture 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, sec. 24. A description of the land
taken sufficiently accurate for its identification,
shall within sixty days after such pegeription
taking, be filed by such city or of land is
town in the registry of deeds for damages.

_ the county or district in which the land is situ-
ated and shall be recorded therein. Damages
oceasioned by such taking may be recovered
as provided in the case of the taking of land
for a highway.

24 FOREST LAWS.

R. L. 28, see. 25. The state board of agri-
culture shall [act as a board of forestry,
eke aide eon pay, except for necessary
felenirs travelling expenses, and shall]!
board of have the supervision and manage-
forestry, ete. ent 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 haye
charge of each public domain, enforce its
regulations, perform such labor thereon as
it requires; and who shall, within such public
domain, have the power of constables and pub-
lic officers in towns.

Ville:

Plantations exempt from Taxation.
R. L. 12, sec. 6. All plantations of chest-
nut, hickory, white ash, white oak, sugar
‘ maple, European larch and pine
Plantations . :
o timber timber trees, in number not less
e es
ra than two thousand trees to the

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.

FOREST LAWS. 25

acre, upon land, not at the time of said plant-
ing woodland or sprout-land and not having
been such within five years previously, the
actual value of which at the time of planting
does not exceed fifteen dollars per acre, shall,
with such land, be exempt from taxation for a
period of ten years after said trees have grown
in height four feet on the average subsequently
to such planting, upon satisfactory proof by
the owners to the assessors of these facts; but
such exemption shall not extend beyond the
time during which said land is devoted exclu-
sively to the growth of said trees.

EX.

Gypsy Moth and Insect Pests.

1905, 381, sec. 1. For the purposes of this
act the pups, nests, eggs and caterpillars of
the gypsy and brown tail moths Ca
and said moths are hereby de- brown tail
clared public nuisances, and their diared =
suppression is authorized and re- oar
quired ; ‘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.

26 FOREST LAWS

1905, 381, sec. 2. The governor, bys amd
with the consent of the council, shall appoint
a superintendent for suppressing

Superinten- :
dent, the gypsy and brown tail moths
appoint- ; ;
ment, and shall determine his salary.

salary, etc. .
a The governor may, with the con-

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 the governor
shall forthwith appoint a successor. On or
eee) before the third Wednesday in
Ly case January in each year the super-
intendent shall make a report of his proceed-
ings to the general court, which shall be a
public document and shall be printed. Said
report shall separate so far as is practicable
the expenditures on work against the gypsy
moth from those on work against the brown
tail moth in each city and town.

1905, 381, sec. 8, as amended, 1906, 268,
sec. 1. The said superintendent shall act for
Powers and the Commonwealth in suppressing
SUMEESS said moths as public nuisances, 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

FOREST LAWS. 27

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, in-
cluding 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 Commonwealth; may act in co-
Operation with any person, persons, corpora-
tion or corporations, including other states,
the United States or foreign governments;
may conduct investigations and accumulate and
distribute information concerning 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 neces-
sary, and, with the approval of the board in
charge, may use any real or personal 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 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

28 FOREST LAWS.

expenditure shall be made or liability incurred
in excess of such appropriations and donations.
1905, 381, sec. 4, as amended, 1907, 521,
sec. 1. Cities and towns by such public officer
Cities ana OL COnEd ae ey shall designate
howe ae or appoint, shall, under the advice
eggs, nests, and general direction of said super-
ogee ae intendent, destroy the eggs, cater-
except, ete. hillars, 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. 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
Reimburse- Shall reimburse such city or town
aes 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
Citiesana and personal property is Jess than
towns to be five thousand dollars, and where

reimbursed

in partby the assessed valuation of real and
Common-

wealth. personal property is greater than
six million dollars, shall be reimbursed by the

—:

FOREST LAWS. 29

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 ¢common-
have expended in any one fiscal maces:
year town funds to an amount Penditures
within
equal to one twenty-fifth of one limits of
2 certain
per cent of their assessed valua- towns.
tion of real and personal property, the Com-

monwealth shall expend within the limits

of such towns, for the purpose of suppress-

ing the gypsy and brown tail moths, such
an amount in addition as the superintendent
with the advice and consent of the governor
shall reeommend. The Common- pojmpurse-
wealth shall reimburse cities and ™ments-
towns every sixty days according to the pro-
visions of this act.

No city or town shall be entitled to any
reimbursement from the Commonwealth until
it has submitted to the auditor of ytemizea
the Commonwealth itemized ac- 2¢counts of

expendi-

counts and vouchers showing the tures to be
= submitted

definite amount expended by it for to auditor.

30 FOREST LAWS.

the purpose of this act; nor shall any money
be paid out of the treasury of the Common-
wealth to cities or towns, pursuant to the
provisions of this act, until said vouchers and
accounts have been approved by the superin-
tendent and the auditor of the Commonwealth.

For the purposes of this section, the valua-
tion of the previous year shall be taken as a
OP oa basis. The fiscal year for nine-
year as teen hundred and seven and for
basis. °

all succeeding years shall close
on the thirtieth day of November.

1905, 381, sec. 5, as amended, 1906, 268,
sec. 8; 1907, 521, sec. 2. When, in the
Superin- opinion of the superintendent, any
tendent to city or town is not expending a

order ex-
penditures cuyfficient amount for the abate-

in certain

cases. ment 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 goyv-
ernor, shall prescribe: provided,
that no city or town where the as-
sessed valuation of real and personal property

Proviso.

FOREST LAWS. ol

exceeds six million dollars shall be required
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 per-
sonal property is less than six million dollars
shall be required to expend, exclusive of any
reimbursement received from the Common-
wealth, during any one fuil year more than
one twenty-fifth of one per cent of such valu-
ation. 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 failing Lo
pay a fine of one hundred dollars i
a day for failure so to do; said fine to be
collected by information brought by the attor-
ney-general in the supreme judicial court for
Suffolk county.

In case of emergency, or where there is
great or immediate danger of the increase or
Spread of the moths due to the guperin-
neglect of any city or town to tener ane®,

continue

comply with the terms of this act, workin
case of

the superintendent, with the con- emergency.

32 FOREST LAWS.

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 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 superin-
tendent may also in case of emergency, sub-
ject 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 moth in parks not under the
control of the Commonwealth, and in ceme-
teries, woodlands and other places of public
Expendi- resort. The amount to be so ex-
tures not to pended in any one year shall not
exceed ten
per centof exceed ten per cent of the appro-
peed attic priations made for the year by the
ee state for the purpose of suppress-
ing said moths.

1905, 381, sec. 6, as amended, 1906, 268,
sec. 4. The mayor of every city and the

FOREST LAWS. 33

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 cities ana
fit, or as the state superintendent Saute oe
may order, cause a notice to be ets ofland

to destroy

sent to the owner or owners, so nests, ete.
far as can be ascertained, of every parcel of
land therein which is infested with said moths;
or, if such notification appears to be impracti-
cable, then by posting such notice on said
parcels of land, requiring that the eggs, cater-
pillars, pupz and nests of said moths shall be
destroyed within a time specified in the notice.

When, in the opinion of the mayor or select-
men, the cost of destroying such eggs, cater-
pillars, pupze and nests on lands pea,
contiguous and held under one premises
ownership in a city or town shall eae ated:
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,
pupz or nests shall be destroyed may be desig-
nated 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

34 FOREST LAWS.

section shall be subject to the approval of the
state superintendent.

If the owner or owners shall fail to destroy
such eggs, caterpillars, pupz or nests in ac
Landsmay cordance with the requirements of
Pe ecrese the said notice, then the city or
See one town, acting by the public officer
ete. or board of such city or town
designated or appointed as aforesaid, shall,
subject to the approval of the said superin-
tendent, destroy the same, and the amount
actually expended 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 re-
quired 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 es-
tates as herein provided 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.

1905, 881, sec. 7, as amended, 1906, 268,
sec. 5, and 1907, 521, sec. 3. If, inthe opinion

FOREST LAWS. 35

of the assessors of a city or town, any land
therein has received, by reason of the abate-
ment of said nuisances thereon by

: . F : Assessment
said superintendent or by said city of better-
or town, a special benefit beyond ee
the general advantage 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 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 as-
sessors 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

Provisos.

36 FOREST LAWS.

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 redeemed
within the time, in the manner, and under the
nea provisions of law, so far as they
tion ofreal may be applicable, set forth in
estate. . is

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
eteane which the land lies, by entering a
aggrieved = complaint in said court within thirty

may appeal
poe days after he has had actual notice

superior

court, ete. of the assessment, 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 cases. 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

FOREST LAWS. Bie

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 assessment as afore-
said has been made is, by reason a

ssessment
of age, infirmity or poverty un- may be_

abated in

able to pay the assessment, they certain
may upon application abate the scala
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.

1905, 381, sec. 8. To meet the expenses
incurred under authority of this act, there shall
be allowed and paid out of the pypenai-
treasury. of the Commonwealth, tres
during the period up to and including May
first, nineteen hundred 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 thou-

Proviso.

38 FOREST LAWS.

sand 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 un-
expended balance of the previous years, may
be expended during the calendar year nineteen
hundred and seven, up to and including May
first.

1905, 381, sec. 9. An additional sum of ten
thousand dollars in each of the years nineteen
Additional hundred and five, nineteen hundred
be ee. ~—s and six and nineteen hundred and
pended, etc. seven may, in the discretion of the
state superintendent, be expended by him for ex-
perimenting with parasites or natural enemies
for destroying said moths, and any unexpended
balance of any year may be expended in the
subsequent years.

1905, 381, sec. 10. Chapter two hundred
and ten of the acts of the year eighteen hun-
dred and ninety-one and sections
one and two of chapter five hun-
dred 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.

1905, sec. 11, as amended, 1906, 268, sec. 6.
A person who wilfully resists or obstructs the

Repeal.

FOREST LAWS. 39

superintendent or any official of a city or town,
or a servant or agent duly employed by said
superintendent or by any of said eee
officials, while lawfully engaged obstructing,
in the execution of the purposes pei Aen
of this act, or who knowingly fails 4°" °**
to comply with any of the rules or regulations
issued by said superintendent, shall forfeit a
sum not exceeding twenty-five dollars for each
offence.

1905, sec. 12, as amended, 1907, 521 sec. 4.
Valuations of real and personal yajnations,
property of each previous year LR
shall govern the provisions of this govern.
act.

R. L. 208, sec. 108. Whoever knowingly
brings the insects which are known as the
ocneria dispar or gypsy moth Or pyansporta-
as the brown tail moth, or their eeae
nests or eggs, into this Common- insects.
wealth, or whoever knowingly transports said
insects or their eggs or nests from one city or
town to another city or town in the Common-
wealth, except when engaged in, and for the
purpose of, destroying them, shall be punished
by a fine of not more than two hundred dollars,
or by imprisonment for not more than sixty
days, or by both such fine and imprisonment.

oS a
Sgt

Cyst ea aR