THE Commonwealth of Massachusetts BY F. W. PANE STATE FORESTER Room 7, State House, Boston, Mass., U. S. A. THE Olcmmnnmmltli of ilasaarljus^tK FOREST LAWS Two years after a forest fire. Several thousand acres in one tract in Plymouth Cotinty. A loss that will take years to regain to forest conditions. By F. W, Bane, 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 sjn'ing of 1 907 that would have been worth two to five hun- dred dollars dfn am^'^n^fteen to twenty five years. R 14 1908 Approved by The State Board of Publication. 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. It is believed that the recent enactments of our General Court (1907) will go very far towards f ormino- a strono; foundation for future accomplishments in our State forestry work. If 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 office (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. schools and colleges, Women's clubs, Field and Forest Club, the ISTew England Eailroad 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 o;et desired results. The enclosed laws it is believed offer a natural channel through which may flow beneficial results and great future ofood for this Commonwealth. F. W. RANE, State Forester. State House, Boston, Mass., July 15, 1907. CONTENTS. I. PAGE The State Forester, 1 Appointment, term, etc 1 Powers, duties, etc., 2 May establish and maintain nursery, etc., . 3 May hire assistants, 3 To make annual report, .... 3 Appropriations, 4 II. Forest Wardens in Cities and Towns, . 4 Appointment, etc 4 Duties of, etc., 5 His deputies, 6 Compensation, ...... 6 Replace firewards, 7 Not liable for trespass, 7 Disturbing notices, 7 Forestry conventions 8 Existing forest firewards to act, ... 8 Repeal, 8 Vlll CONTENTS. III. PAGE Powers of Forest Wardens in Fighting Fires and to call for Assistance, . 9 Back fires in woodlands, .... 9 Penalty for refusing aid, .... 9 Rate of payment, 10 Permission to set fires in the open necessary, 10 Expenditures authorized, . . . .11 IV. Punishable Offences against Forest Lands, .... Setting fires to woodpiles, etc.. Setting fires to trees, . Setting fires negligently, Cutting timber, etc., Malicious injuries to trees, etc., Trespass with intent to destroy, Arrest without warrant. 12 12 12 13 13 14 15 16 v. Exemplary Damages for Injuring Timber AND Special Liability of Railroads, 17 Treble damages for wilfully cutting, etc., . 17 Railroads liable for fire, etc 17 CONTENTS. IX VI. PAGE Land adjoining Railroads and Powers AND Duties of Railroads, . . .18 Spark arresters required, . . . .18 Must remove inflammable material, . . 19 May clear adjoining land, . . . .19 Railroad fire signal, . . . . .21 Duties of railroad employees, . . .21 Duties of corporations, . . . .22 Proviso as to park lands, . . . . 22 VII. TovTN Appropriations and Public Domain, 22 Prevention of forest fires, . . . .22 Public domain, taking, etc., . . .23 Description of land to be filed, etc., . . 23 Board of Agriculture to act, etc., . . 24 VIII. Plantations exempt from Taxation, . . 24 Plantation of timber trees, . . . .24 IX. Gypsy Moth and Insect Pests, . . .25 Gypsy and brown tail motbs declared nui- sances, 25 Superintendent, appointment, salary, etc., . 26 X CONTENTS. Gypsy Moth and Insect Pests — Con. page Annual report, ...... 26 Powers and duties, 26 Cities and towns to destroy eggs, etc., . 28 Reimbursements, ...... 28 City and towns to be reimbursed, . .28 Commonwealth to make expenditures, etc., 29 Reimbursements, . . . . . .29 Itemized account of expenditures, etc., . 29 Previous years as basis, .... 30 Superintendent to order expenditures, etc., 30 Penalty failing to comply, . . . .31 Superintendent may continue work, etc., . 31 Expenditures not to exceed, etc., . . 32 Cities and towns to notify owners, etc., . 33 Part of premises may be designated, etc., . 33 Lands may be assessed, etc., . . .34 Assessments of betterments, . . .35 Redemption of real estate, . . . .36 Persons aggrieved may appeal, etc., . . 36 Assessments may be abated, etc., . . 37 Expenditures, 37 Additional sums may be expended, etc., . 38 Repeal, 38 Penalty for obstructing, etc., . • .39 Valuation, previous year to govern, . . 39 Transportation of injurious insects, . . 39 MASSACHUSETTS FOEEST 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 . . , ^ ^ Appomt- to be known as the state forester, ment, term, who shall receive an annual salary 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 La ws' 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, sees. 6 to 16. FOREST LAWS. 1904, 409, sec. 2. It shall be the duty of the state forester to promote the perpetuation, Powers and extension and proper management duties. 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 imj)osed 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 recij)ient 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. 1904, 409, sec. 3. The state forester may establish and maintain a nursery for the propa- gation of forest tree seedlino-s on ,^ '^ ^ May estato- such lands as the trustees of the lish and . 1 /-^ 1 maintain Massachusetts Agricultural Col- nursery, lege may set asid^ for that purpose 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 purj)Oses. 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 j^ j^j^.^ such assistants as he may need in assistants. 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 j)ro- annual ceedings for the year ending on the 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 tlie 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 annu- Appropria- "^ ^ tions. ally by the state forester, with the approval of the governor and council, in carrying out the provisions of this act. II. Forest "Wardens in Cities and Towns. E. L. 32, sec. 16, as amended, 1907, 475, sec. 1. The mayor and aldermen in cities Appoint- ^^^ *^^® selectmen in towns shall ments. 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. Whoever having been duly appointed fails within seven days after the receipt of such notice to file with the city or town clerk his acceptance or refusal of the office shall, unless excused by the mayor and aldermen or by the selectmen, forfeit ten dollars. Nothing in this act or in any other act shall be construed to prevent the offices of tree warden, 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 exting-uishment. He shall investio-ate 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 LAW^. ing thereto as may be supplied to Mm 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, 475, sec. 3. The forest warden may appoint depu- ties to assist him in the performance epu les. ^^ j^.g 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- penses of his ofiice recompense the tion. forest wardens for the time spent 1 See ftirther under next division of this pamphlet. FOREST LAWS. by them in making investigations under his direction according to the provisions of section two of this act : ijrovided, that the state forester shall not be liable to make any such payment excej)t upon the iDresentation 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 firewards. Wardens. 1907, 475, sec. 6. Forest wardens, their deputies and assistants shall not be liable for trespass while acting in the reason- ^^^^^^ liable 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 Disturbing 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 snm not ex- ceeding two thousand dollars in making neces- Forest con- ^^^7 arrangements for conventions ventions. ^f 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 wards to^ appointed under section fourteen act. 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 Repea . fourteen of chapter fifty-three of FOREST LAWS. the Revised Laws, and all acts and parts of acts inconsistent herewith are hereby re- pealed. ni. 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 raore of the forest wardens of the ^ , „ Back fires town, or of a town containing in wood- woodland which is endangered by 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 sufiicient cause, to assist, or to allow the use of his horses, _ ,^^ Penalty for wagons or other property as re- refusing T , , T ' , . aid. 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. 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 ofiicer making payment.' R. L. 32, sec. 24. In a town which acce]3ts the provisions of this section or has accepted Permission ^^® corresponding provisions of to set fires earlier laws, no fire shall be set in m the open ' necessary, 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 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. 11 R. L. 32, sec. 25. Money appropriated by a town under the provisions of section seventeen of chapter twenty-five, for the pre- _ ^ .; ' r Expendi- vention of forest fires, and all fines tures T , ,1 . . „ authorized. 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 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. IV. Punishable Offences against Forest Lands. R. L. 208, sec. 5. Whoever wilfully and maliciously burns or otherwise destroys or injures a pile or parcel of wood, to wood- boards, timber or other lumber, or p es, e c. ^^^ 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, to trees. ^ny 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- negligently, 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 in a town which accepts the provisions of this section, or has accepted the corresponding pro- g^^e 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 cutting growing on the land of another, timber, etc. 14 FOREST LAWS. or carries away any kind of timber or wood cut down or lying on such land, or digs up or carries away stone, ore, gravel, clay, sand, turf or mould from such land, or roots, nuts, berries, grapes or fruit of any kind or any plant there being, or cuts down or carries away sedge, grass, hay or any kind of corn, standing, growing or being on such land, or cuts or takes therefrom any ferns, flowers or shrubs, or car- ries away from a wharf or landing place any goods in which he has no interest or j)roperty, 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 tree which is not his own, standing Malicious injuries to lor 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 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. K. L. 208, sec. 106. Whoever wilfully and maliciously, and without permission of the owner or person having control .1 11 Trespass thereof, enters upon the orchard, with intent 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. 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 tree or of committing any kind of without 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 war- rant shall not continue more than twenty-four hours. 1907 ; 299. The commissioners on fisheries and game and their duly authorized deputies Same 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 Y. 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 xrebie dam- of tort for three times the amount *?ff ^?' , wilfully cut- of the damages assessed therefor ; ting* etc. but if it is found that the defendant had g-ood 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. Ill, sec. 270. Every railroad corpo- ration and street railway company shall be liable in damages to a person or ^ ^ Kailroads corporation whose buildings or liable for 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, 431, sec. 1. Every corporation operating a steam railroad within this Com- Spark- mon wealth shall, subject to the arrester. approval of the board of railroad commissioners, install and maintain a sj^ark- 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. 19 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 Must re- shall not at any time leave any g'ammabie deposit of fire, hot ashes or live material. coals upon its locations in the immediate vicinity of woodlands or grass lands, and shallpost 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 ~ T 1 1 T . . May clear ummproved land adjoinmg any landadjoin- 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 direction of the forest warden, or the officer or board having his powers, in the city or town in which the land is situated. 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 ; 2indi provided, further, that no notice hereby required shall be valid miless 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 Railroad adjacent to the tracks shall forth- ^^^ 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 II of chapter four hundred and sixty-three of the acts of the year nineteen hundred and six. 1907, 431, 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 railroad to the tracks shall forthwith pro- ^"^^ oyees. 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 h^bors immediately necessary to the safety of tracks or to the safety and convenience of passengers and the public. 1907, 4:31, sec. 5. Railroad corporations shall inform their employees as to their duties under this act and shall furnish Duty of , . 1 1 . „ ., corpora- them With the approx3riate facil- ities for reporting and extinguish- ing such fires. 1907, 431, sec. 6. IsTo thing in this act shall be construed to give any railroad cor^^oration power to enter upon, or to interfere Proviso as . ^ , , „ - to park m the management or care oi, any lands. IT. T ,. public park or reservation. yn. Tow^n 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 -,. -, of forest 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.^ 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 city in public which the city council consists of faMng?ipur- two branches, by a vote of two- poses, title. thirds of the members of each branch, and a city hi 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 mthin 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 description taking, b^ filed by such city or ^^ ^1^^*** town in the registry of deeds for damages. the comity or district in which the land is situ- ated 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 highway. 24 FOREST LAWS. R. L. 28, sec. 25. The state board of ao:ri- culture shall [act as a board of forestry, without pay, except for necessary agriculture travelling expenses, and shall] ^ board of have the supervision and manage- oresry, ec. j^^j^^ q| ^-^^ sMoh 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 public domain, have the power of constables and pub- lic officers in towns. vin. 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 of timber timber trees, in number not less 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. IX. Gr3rpsy Motli and Insect Pests. 1905, 381, sec. 1. For the purposes of this act the pup £6, nests, eggs and caterpillars of the o-ypsy and brown tail moths ^ ^-J ^ -J Gypsy and. and said moths are hereby de- brown tau . 11. motiis de- clared public nuisances, and their ciared ,T . , -, nuisances. suppression is authorized and re- 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, by and with the consent of the comicil, shall appoint a sujDerintendent for suppressing dent,^ the gypsy and brown tail moths ment, and shall determine his salary. a ary, e c. rpj^^ 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 Annual before the third Wednesday in report. 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 a^'ainst the brown tail moth in each city and town. 1905, 381, sec. 3, as amended, 1906, 268, sec. 1. The said superintendent shall act for Powers and ^^^^ Commonwealth in suppressing duties. gj^j(-] moths as public nuisances, in accordance with the jjrovisions 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 ojDerations 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 necessarj^ 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 concernino; 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 jjersonal property of the Commonwealth ; may at all times enter upon the hand of the Commonw^ealth 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 approiDriations and donations. 1905, 381, sec. 4, as amended, 1907, 521, sec. 1. Cities and towns by such public officer _.^, , or board as they shall designate Cities and "^ ^ towns to or aiDpoint, shall, mider the advice destroy . -. . n eg-gs, nests, and general direction oi said super- etc, within • ■ i . i , ,i / their limits, mtendeiit, destroy the eggs, cater- except, etc. pj^ars, pupje 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 priyate 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 ments. ^q ^\-^q 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 Cities and ^"^^ personal property is less than reiSbu?sed ^^^ thousand dollars, and where in part by ^|^g 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 j^ear, 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 ^ake^x^ year town funds to an amount ^*^-^^j4^'^® equal to one twenty-fifth of one limits of ^ "^ 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 supermtendent with the advice and consent of the governor shall recommend. The Common- j^eimburse- wealth sha,ll reimburse cities and J^ients. 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 itemized the Commonwealth itemized ac- eSp*lndi-**^ counts and vouchers showing; the *"^^^.^^^^® » submitted definite amount expended by it for *« 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 tov/ns, 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 basis. The fiscal year for nine- Previous "^ year as teen hundred and seven and for all succeeding years shall close on the thirtieth day of November. 1905, 381, sec. 5, as amended, 1906, 268, sec. 3; 1907, 521, see. 2. When, in the Superin- oioiuion of the suj)erintendent, any order^x-** ^^^J ^^ town is not expending a penditures sufficient 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 gov- ernor, shall j^rescribe : provided, Proviso. , , , , that no city or town where the as- sessed valuation of real and joersonal property FOREST LAWS. 31 exceeds six niillioii dollars shall be required to exi^end, 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 propert}^ is less than six million dollars shall be required to expend, exclusive of any reimbursement received from the Common- wealth, during any one full j^ear 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 to pay a fine of one hundred dollars ^^^^^ ^' a day for failure so to do ; said fine to be collected bv information brought bv the attor- ney-general in the supreme judicial court for Suffolk county. In case of emergency, or Avhere there is great or immediate danger of the increase or spread of the moths due to the superin- neglect of any city or town to ^onW^^^ comply with the terms of this act, ^orkin ^ •^ ' 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 _ ,. resort. The amount to be so ex- Expendi- tures not to pended in any one year shall not per cent of exceed ten per cent of the appro- annual state ... 1 J! i 1 1 i-i appropria- priations made for the year by the tions. state for the purpose of suppress- ing said moths. 1905, 381, sec. 6, as amended, 1906, 268, sec. 4. The mayor of every ciij 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 and fit, or as the state superintendent ^Y5y own- may order, cause a notice to be ers of land -J ' to destroy sent to the owner or owners, so nests, etc. 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, pupse 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, pupse and nests on lands contiguous and held under one premises ownership in a city or town shall designated, exceed one half of one per cent of ^ ^' the assessed value of said lands, then a part of said premises on which said eggs, caterpillars, pupse 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 iqDproval of the state superintendent. If the owner or owners shall fail to destroy such eggs, caterpillars, pupge or nests in ac- L