Town annual reports of Acton, Massachusetts 1906-1910, Part 9

Author: Acton (Mass.)
Publication date: 1906
Publisher:
Number of Pages: 694


USA > Massachusetts > Middlesex County > Acton > Town annual reports of Acton, Massachusetts 1906-1910 > Part 9


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Removing brown tail and gypsy moths, 25 66


Concord court, fines,


71 82


Broken stone, sold,


28 50


Road dust. sold.


1 00


Library fines. 22 31


A. F. Blanchard. slaughter license.


1 00


Income of library fund.


231 -40


Income of cemetery fund,


129 40


Town farm. milk,


908 99


Town farm, apples,


740 30


Town farm, cows,


75 84


Town farm, calves,


26 50


Town farm, potatoes,


7 10


Town farm, eggs.


6 68


Town farm, ice,


1 00


Town farm, teaming,


4 00


Town farm, labor,


3 00


Interest on taxes, 121 32


St. Railway Tax. C., M. & H.,


17 46


St. Railway Tax. L .. A. & M., 1905,


27 13


St. Railway Tax. L .. A. & M., 1906.


31 20


Interest on deposits.


144 58


$45,654 38


Expenses for Year Ending March 12, 1907.


High School.


$2,037 67


South School.


1,844 24


West School,


1,590 63


Center School,


1,681 85


School supplies.


852 80


School transportations,


1,420 00


55


Brown tail and gypsy moth,


846 21


Library expenses,


496 19


Library books,


360 73


Fire Department,


261 72/


Printing,


219 16


Street Lamps,


1,190 30


Lockup,


589 50


Board of Health,


63 83


Cemetery expenses,


374 01


Perpetual care of lots,


176 81


Roads and bridges,


5,136 99


Enforcement liquor law,


242 04


Support of town farm,


2,000 97


Support of outside poor,


590 55


State aid,


660 00


Snow bills,


37 70


Rent account,


138 00


Interest account.


137 50


School incidentals,


22 14


Salaries of town officers,


1.604 69


Repairs of buildings and grounds,


1.311 08


Farm repairs,


285 60


Miscellaneous accounts,


1,387 16


$27,560 07


Paid repairs on highway,


$221 55


County tax,


2,088 83


State tax,


2.100 00


$4.410 38


Cemetery fund withdrawn,


$2,500 00


Cash due from Treasurer,


8.380 56


Due from estate D. J. Wetherbee.


90 84


Uncollected taxes.


2,712 53


$45,654 38


56


Statement for Year Ending March 12, 1907.


Due fromTreasurer, $8,380 56


Collector, 2,712 53


Estate D. J. Wetherbee,


90 84


State inspection of animals,


31 15


State, state aid,


660 00


Concord, aid for Jas. Kerrigan,


50 00


Gypsy moth work,


125 00


$12,050 08


Liabilities.


Cemetery fund, $2,625 00


E. Jones estate, note,


2,000 00


E. Jones estate, interest,


25 55


Unexpended balance, cemetery fund,


198 20


Unexpended balance, library fund,


229 03


$5,077 78


Balance in favor of town, $6,972 30


FRANK W. HOIT, EDWIN A. PHALEN,C . BERTRAM D. HALL, 7%


Selectmen of Acton.


57


LIST OF JURORS.


-


The following names will be presented at the annual Town Meeting March 25, 1907 to be placed in the jury box, subject to revision and acceptance by the Town.


Franklin P. Wood,


Minister


Emery D. Lothrop,


Farmer


Alfred Goding,


Clerk,


Lyman C. Taylor,


Farmer


Walter French,


Farmer


Waldo Whitcomb,


Butcher


John S. White,


Farmer


Geo. C. Turner,


Janitor


Sidney L. Richardson,


Farmer


James B. Tuttle,


Farmer


Harry E. Clough,


Post Master


Fritz Hawes,


Mechanic


Augustine Hosmer,


Printer


Daniel H. Farrar,


Wheelwright


Charles H. Mead,


Merchant


Edward C. Wood,


R. R. Employe


Clark G. Durkee,


Carpenter


Edward F. Richardson,


Farmer


Arthur M. Whitcomb,


Clerk


Thos. McCarthy,


Farmer


Frank E. Harris,


Carpenter


John McCarthy,


Farmer


Hiram J. Hapgood,


Retired


Chas. E. Smith.


Farmer


(Signed)


FRANK W. HOIT, EDWIN A. PHALEN. BERTRAM D. HALL.


Selectmen of Acton.


58


TREASURER'S REPORT.


1906.


March 12. Cash on hand, $10,044 69


Receipts.


Received from State Treasurer, corp-


oration tax, $3,232 36


State Treasurer, National Bank tax, 733.20


State Treasurer, state aid,


595 00


State Treasurer, income of Mass. school fund, 845 62


State Treasurer, burial of soldiers,


140 00


State Treasurer, compensation for inspection of animals, 30 68


State Treasurer, street railway tax, 7 38


County Treasurer, on account of dog licenses, 331 77


County Treasurer, for dog fines, 10 00


Cemetery fund, 1,125 00


Supervision of schools, 375 00


I. F. Duren for hearse, 45 00


Horace F. Tuttle for lots sold in Wood- lawn cemetery, 69 00


H. T. Clark, for lots sold in Mount Hope cemetery, 30 00


H. T. Clark, for loam sold,


17 00


Trustees, Lyman and Industrial school, instruction public schools, 22 74


Town of Concord, for medical at- tendance and board of James Carrigan, 39 09


59


C. J. Williams, for school supplies sold, 11 91 Rent of town hall and cellar, 51 50


Acton grange for rent of town hall, 47 50


Removing brown tail and gypsy moths, 25 66


District court of Central Middlesex for fines, 71 82


Road commissioners for broken stone sold, 28 50


Road commissioners for street dust sold, 1 00


Memorial library for fines,


22 31


Arthur F. Blanchard, slaughter house license, 1 00


Income of library fund, 231 40


Income of cemetery fund, 129 40


For milk, sold from town farm, 908 99


Apples, sold from town farm,


740 30


Cows, sold from town farm,


75 84


Calves, sold from town farm,


26 50


Potatoes, sold from town farm, 7 10


Eggs, sold from town farm, 6 68


Ice, sold from town farm,


1 00


Teaming, town farm,


4 00


Labor, town farm,


3 00


Frank W. Hoit, collector, taxes for


A. D. 1904, 29 37


Interest on taxes, 1904,


1 64


Frank W. Hoit, collector, taxes for · A. D. 1905, 808 77


Interest on taxes, 1905,


15 62


Wm. F. Stevens, collector, taxes for


A. D. 1903, 6 97


Wm. F. Stevens, collector, taxes for


A. D. 1904, 371 24


Interest on taxes, 1904, 31 05


Wm. F. Stevens, collector, taxes for


A. D. 1905, $1,315 33


60


Interest on taxes, 1905, 51 51


Wm. F. Stevens, collector, taxes for


A. D. 1906, 19,888 70


Interest on taxes 1906, 21 50


Concord, Maynard & Hudson Street Railway tax, 17 46


Lowell, Acton & Maynard Street


Railway, tax 1905, 27 13


Lowell, Acton & Maynard Street


Railway, tax 1906,


31.20


International Trust Co., interest on deposits, 144 58


$42,851 01


Expenditures.


Paid state tax,


$2,100 00


Repairs on state highway, 221 55


County tax, 2,088 83


Cemetery fund, deposited in Charles-


town five cent savings bank, 1,000 00


Cemetery fund deposited in Warren > institution for savings, 1,000 00


Cemetery fund, deposited in Mid- dlesex institution for savings, 500 00


On selectmen's orders,


27,560 07


Cash on hand and in bank, 8,380 56


$42,851 01


J. K. W. WETHERBEE,


Treasurer of Acton.


61


Treasurer's Report of Money Held for Care of Lots in Cemeteries.


-


1907


Dr.


March 12. To cash in North End Savings bank, $2,175 00


Cash in Charlestown five cent savings bank, 1,000 00


Cash in Warren institution for savings, 1,000 00


Cash in Middlesex institution for savings, 500 00


Balance in Town treasury,


1,500 00


Cash received in 1906-1907, 1,125 00


Unexpended balance, March 12, 1906, 148 09


Income for 1906-1907, 244 42


$7,692 51


Cr.


By cash paid cemetery committee for care of lots, $176 81


Cash paid F. C. Hayward, 17 50


Principal of cemetery fund March 12, 1907, 7,300 00


Balance of income, unexpended.


198 20


$7,692 51


J. K. W. WETHERBEE,


Treasurer of Acton.


62


Report of the Wilde Memorial Library.


1907


Dr.


March 12. To cash in North End Savings


bank, $1,000 00


Cash in Home Savings Bank, 1,000 00


Cash in Middlesex institution for sav- ings, 1,000 00


Cash in Warren institution for savings, 1,000 00 Cash in Charlestown Five Cent Savings


Bank, 1,000 00


Mortgage Bond of the West Shore Rail- road Co., 1,000 00


Received for fines, 22 31


Received for interest on money in banks, 191 40


Received for interest on railroad bond, 40 00


Town appropriation for books, 200 00


Unexpended balance March 12, 1906,


136 05


$6,589 76


Cr.


By cash in banks, $5,000 00


By Susan Augusta and Luther Conant fund, 1,000 00


Paid for books and magazines, W. B. Clarke Co., 180 00


C. W. Clarke Co.,


96 06


E. B. Hall & Co.,


29 00


W. H. Guild,


42 05


W. A. Wilde Co.,


7 17


W. D. Tuttle,


6 45


Balance unexpended,


229 03


$6,589 76


J. K. W. WETHERBEE, Treasurer.


63


AUDITOR'S REPORT.


I have examined the accounts of the Selectmen, Tax Collector and Treasurer of the Town of Acton and to the best of my knowledge I find them correct.


W. E. WHITCOMB, Auditor.


March 16, 1907.


64


ASSESSORS' REPORT.


Valuation May 1, 1906 :


Real estate (buildings)


$980,930 00


Real estate (land)


472,100 00


Value of assessed personal estate, 363,815 00


Total valuation, $1,816,845 00 1,778,350 00


Valuation May 1, 1905,


Gain,


$38,495 00


Rate of taxation 1906, $11.50 on a thousand.


Tax assessed as follows :


On real estate,


$16,709 85


Personal property,


4,183 87


Polls,


1,336 00


$22,229 72


Amount of money raised :


For state tax,


$2,100 00


State highway tax,


221 55


County tax,


2,088 83


Town grants,


17,415 00


Overlayings,


404 34


$22,229 72


65


Number of individuals assessed on property. 431


All others, 32


Number of individuals (non-resident) assessed on pro- perty, 96


All others, 34


Number of persons assessed for poll tax only, 345


Number of horses assessed, 429


Number of cows assessed, 972


Number of sheep assessed,


9


Number of neat cattle other than cows, 159


Number of swine assessed, 35


Number of fowls assessed,


5,355


Number of houses assessed,


529


1


WM. F. STEVENS, JAMES B. TUTTLE, HARRY E. CLOUGH,


Assessors of Acton.


Applications for exemptions under Act of April 24th, 1906, according to ruling of the Tax Commissioners office; must be made on, or before June 15th, in the year in which · exemption is asked for.


66


COLLECTOR'S REPORT FOR 1903-1904-1905.


The following statement of uncollected taxes committed to me for collection by the selectmen is respectfully sub- mitted.


1903


Dr


Uncollected,


$22 17


Cr.


Cash paid Treasurer,


$3 54


Abatement,


3 43


$6 97


Uncollected,


$15 20


1904


Dr.


Uncollected,


$388 87


Interest collected,


31 05


$419 92


Cr.


Cash paid Treasurer,


$337 01


Abatements,


65 28


$402 29


Uncollected,


$17 63


67


Dr.


1905 Uncollected, Interest collected,


$1,645 07 51 51


$1,696 58


Cr.


Cash paid Treasurer,


$1,177 76


Abatements,


189 58


$1,367 34


Uncollected,


$329 24


68


REPORT OF TAX COLLECTOR.


For Financial Year Ending March 12, 1907.


Amount committed for collection, $22,239 19


Interest collected, 21 47


$22,260 66


Cash paid Treasurer,


Abatements,


$19,576 74


333 46


$19,910 20


Balance uncollected due Town, $2,350 46


To the act passed April 1906, relative to soldiers and widows exemptions, is due the increase in abatements for the fiscal year just ending.


WM. F. STEVENS, Collector.


69


REPORT OF ROAD COMMISSIONERS.


Receipts.


Appropriation,


$5,000 00


Broken stone,


27 50


Street dirt,


1 00


Gasoline,


1 00


$5,029 50


Expenditures,


5,136 99


Inventory of Tools and Supplies on Hand March 12, 1907.


Crushing plant,


$1,700 00


One truck,


100 00


One iron roller,


275 00


One snow roller,


100 00


One scraper,


5 00


Two road machines,


160 00


One sewer pump,


40 00


20 feet of hose,


40 00


One plow,


30 00


Small tools,


20 00


Watering cart,


325 00


Gasoline,


15 00


Oil,


7 00


2 gasoline tanks,


20 00


$2,837 00


1


We recommend that the town purchase a steam roller. We are pleased to report the crushing plant in good


70


condition and able to continue its good work. We recom- mend that $5.000.00 be raised for the repair of roads and bridges.


WM. H. KINGSLEY, ANSON C. PIPER, A. H. PERKINS,


Road Commissioners.


71


REPORT OF THE BOARD OF HEALTH.


Town of Acton for the Year 1906.


The Board of Health submits the following report for the year ending March 1, 1907.


The number of deaths occurring in the town during the year ending January 1, 1907, was 26.


Our citizens have been spared the dangers and incon- venience of a serious outbreak of any contagious disease du- ring the past year, the character and number of each as re- ported to the Board from March 1, 1906 to March 1, 1907 are as follows.


Diseases


No. of cases. 0


Small Pox,


Diphtheria,


1


Scarlet Fever,


2


Typhoid Fever,


1


Measles,


12


Cerebro-spinal Meningitis,


0


Total, 16


Keep Clean and Avoid Trouble.


Several flagrant cases of utter neglect of the simplest laws of sanitation were brought to the attention of this Board during the past year and were promptly attended to by our Agent.


This Board would suggest that about now is a good time to clean up the ash-heap and refuse-pile that has been ac-


72


cumulating all winter. Look to the sink drains, cesspool and privy-vault, see that they are properly cared for and in good condition. Remember the town has acquired two good dump- ing grounds fairly accessable to all for the deposit of all refuse matter. Do not throw rubbish of any kind along the road-side ; it does not look well to begin with and it may be expensive if you are caught doing so.


Appropriation.


This Board respectfully asks that the sum of $100.00 be appropriated to its use for the ensuing year.


Respectfully submitted,


C. J. WILLIAMS, F. E. TASKER, M. D., F. J. BARKER, M. D.,


73


REPORT OF OVERSEERS OF POOR.


Inventory of Stock and Provisions on Hand March 1, 1907.


12 cows,


$600 00


5 heifers,


100 00


15 tons hay,


255 00


2 horses,


300 00


Double harness,


20 00


Express harness,


15 00


Light harness,


5 00


Horse collars,


7 00


Express wagon,


85 00


Hay wagon,


25 00


Wood wagon and rack,


110 00


2 sleds,


80 00


Farming tools,


25 00


Grain,


5 00


1 two horse cart,


25 00


Horse rake,


7 00


3 harrows,


25 00


1 Iron collar,


1 25


Cultivator,


4 00


7 ladders,


12 00


Wheelbarrow,


3 00


Hay cutter,


2 00


Hay fork,


20 00


Roller,


4 00


Sail cloth,


1 00


Plows,


14 00


Feed trough,


2 00


Bush. boxes,


2 00


74


Pung, 5 00


Democrat wagon,


30 00


Baskets,


1 50


Apple barrels,


2 00


Watering trough.


5 00


Mowing machine.


33 00


Grindstone,


4 00


Spray pump,


8 00


Wood cut for stove,


50 00


Cord-wood,


25 00


Saws.


3 00


Carpenter tools,


6 00


Wagon jack.


1 50


Saw clamp,


1 00


Ladder hook,


60


Set measures,


1 00


Salt,


50


Lumber.


10 00


Barrel header,


1 00


Snow shovel.


50


Wrench,


75


30 hens,


22 50


18 bush potatoes,


13 50


Soft soap and barrel,


4 50


Pork and barrel,


22 00


Apples,


5 00


Washing machine,


5 00


Horse's blanket,


3 00


Range and water front,


60 00


3 rockers.


3 00


1 lantern.


90


Couch and two easy chairs,


20 00


2 coal hods,


50


2 razors.


2 00


Lamps,


2 50


Soap,


30


Molasses,


60


2 axes. 1 50


75


Lard,


1 20


Spice,


60


Butter,


1 75


Flour,


4 25


Sugar,


1 30


Crackers,


10


Fruit jars,


3 25


Brooms,


50


Crockery and tinware,


9 00


Tea and coffee,


30


Oil and tank,


1 30


Pail and tubs,


3 00


Tree pruner,


1 00


5 stoves,


20 00


2 cabinet chairs,


2 00


3 tables,


5 50


Ice,


25 00


Chamber sets,.


12 00


Air cushion,


1 00


Beds and bedding,


71 00


Bed pan,


3 00


Traps,


50


Trunks,


2 00


Wheel chair,


22 00


2 clocks,


6 00


Cereals,


75


Bread mixer,


2 00


Clothes line,


75


8 chairs,


4 00


Refrigerator,


18 00


Ice tongs,


50


Vinegar,


25


Clothes wringer,


3 00


Meat chopper,


1 25


Pump,


125 00


Canned fruit,


4 00


Inventory, March 1, 1907,


$2,467 45


76


Support of Poor on Farm.


Paid Moses Thompson, salary, $372 92


Chas. Nelson, labor, 15 00


John Sokalouski, labor, 75 00


Joe Lincoln, 46 00


J. Welsh, 18 00


W. F. Kelley, emp. office fees and men's hire, 10 50


J. S. Moore, provisions, 91 80


W. E. Whitcomb, provisions, 55 09


A. D. Shaw, fish,


6 60


J. T. Day, fish,


4 79


F. Wakelin, fish,


3 79


S. B. Inson, fish, 3 08


Tuttle & Newton, groceries, 17 05


M. E. Taylor & Co., groceries, 412 61


C. H. Mead & Co., 87 86


E. C. Parker & Co., 178 16


J. Cushing, 172 76


So. Acton Coal & Lumber Co., coal, 3 78


So. Acton Coal & Lumber Co., lumber, 75


J. M. Sheehan, shoeing and ironwork, 10 50


F. M. Hopkins, shoeing and ironwork, 8 60


J. P. Brown, repairs on wagon, 4 00


Houghton, & Dutton, couch, 8 98


Houghton & Dutton, chair, 6 98


Houghton & Dutton, porch, 2 98


Houghton & Dutton, 2 couch covers, 2 98


W. A. Mack & Co., Crawford range, 53 00 W. A. Mack & Co., water front and zinc, 5 70 Jas. Hapgood, grafting 147 heads, 7 35


C. O'Neil, one cow and calf, 60 00


W. F. Kelley, one cow, 57 50


W. F. Kelley, one pair pigs, 9 00


A. B. Parker, advice on claim of city of Lowell regarding Carl A. Austin, 2 00


77


M. Thompson, pasturing 2 cows, 71/2 weeks, 6 00


M. Thompson, ladder, 2 30


M. Thompson, medicine, 50


W. H. Livingston, 125 barrels, 37 50


D. S. Kennedy, picking apples, 40 00


H. S. Barker, 100 barrels, 35 00


F. J. Livingston, 24 gal. soap, 3 00


E. T. Rice, repair on pump and set- ting up stove and pipe, 8 10


C. H. Clark, repairing harness 3 10


Finney & Hoit, blankets and bed linen, 17 86


D. F. Spinney, dressing two hogs, 2 00


Perkins & Bulette, pasturing two calves, 6 00


Perkins & Bulette, pasturing three two-year-olds, 12 00


G. E. Greenough, cutting ice


1 50


Dr. F .J Barker, medical attendance furnished Wm. Quinlan 3 00


Mrs. Susan Fisk, 1 00


Frank Harris, 2 00


Lucy Hapgood, 5 00


$2,000 97


Aid Outside Poor.


Paid city of Somerville, Mass., aid fur- nished Mrs. Mary Hill and family, $114 66


City of Boston, Mass., aid fur- nished Mrs. Sophia Randall, 3 69


City of North Adams, Mass., aid furnished Mrs. Margaret Gough and family, 101 50


78


City of Boston, Mass, medical aid furnished Marion Howland, 24 29 M. E. Taylor & Co., groceries and supplies, furnished George Brooks and family, 96 19


M. E. Taylor & Co., groceries and supplies furnished Mrs. Daniel Gallagher and family, 161 13


Dr. Sam'l Christie, medical at- tendance and expense to Boston for Jas. Kerrigan, 16 09


Dr. E. J. Salmon, medical attend- ance furnished Jas. Kerrigan, 1 50


Dr. K. T. Richards, medical attend- ance furnished Jas. Kerrigan, 1 50


Jas. Bent, board and attendance furnished Jas. Kerrigan, 70 00


Inventory March 1, 1907,


$590 55 $2,467 45


Receipts from farm,


$1,173 39


Due on milk, Victualizing 16 tramps,


58 00


4 00


$1,835 39


$4,302 84


Expenditures,


$2,000 97


Interest on farm,


105 00


Inventory March 1, 1906,


2,403 25


$4,509 22


4,302 84


Cost of supporting poor on farm, $206 38


79


Inmates at Farm During Year.


Lucy Hapgood, 8 months, Susan Fisk, 12 months,


Wm. Quinlan, 12 months, Frank Harris, 11 months.


WM. F. KELLEY, O. A. KNOWLTON, J. STERLING MOORE, S.


Overseers of Poor.


So


REPORT OF THE TREE WARDEN.


To the citizens of Acton :


The duties of the tree warden during the past year have lain along the usual lines of routine of that office with the exception, possibly, of the work of trimming the public shade in West Acton. This work, done in October under the im- mediate supervision of deputy warden Albert H. Perkins, should have been done years ago. Some of the trees, indeed a large per centage of them, had not been trimmed since they were planted. The shade trees in West Acton are an im- portant and most valuable feature in that village and should be most fully protected and cared for. The work done upon them this year, though handicapped by the neglect of many years, was highly satisfactory and very much to the credit of the deputy warden in charge.


The tree warden in this town, being also, by appoint- ment of the board of selectmen, local superintendent for the suppression of the brown tail and gypsy moths under the act of the legislature of 1905 has had during the year a very important and serious duty imposed upon him which he has endeavored to discharge to the satisfaction of the state and of the town.


The brown tail moth has now been with us in numbers since 1905 and has this year appeared in increased force while the distribution of the nests of this moth throughout the town is somewhat different from that of last year.


The trees within the limits of highways and public places have been cleared of the nests of this moth as have the trees belonging to many owners of real estate who have requested that the work of removing the nests be done by the town force.


81


At the present writing the work of removing the nests from trees upon lands of owners who have neglected to comply with the order of the board of selectmen, requiring the removal of said nests on or before December 31st, 1906, is in progress.


In the fall of 1905 the state inspectors, for the first time discovered the nests of the gypsy moth in this town; they were found in four places, two of them colonies of importance in a town not hitherto infested, and two of them containing but a single nest. These colonies were care- fully inspected and treated during the summer of 1906 with the gratifying result that in the fall of that year, no new nests were found in three of these colonies, including the largest one, while the remaining colony developed but a single new nest.


By direction of the state authorities a thorough ex- amination of the orchards and woodlands of the town, for the purpose of discovering to what extent they were in- fested by the gypsy moth, was began October 29 and finished about the middle of March.


The result of this examination, during which every . apple tree in the town was inspected, and the eggs in the nests found upon them destroyed, and the woodlands ex- tending over an area of approximately sixteen square miles, were carefully scanned, is that the town is found to be very seriously and generally infested by the gypsy moth through -. out its area.


The nests of this insect have been found upon 122 dif- ferent estates within the residential district, the heaviest infestation being found in the northern and eastern portions of the town.


About seventy-five acres of woodlands are found to be seriously, in cases heavily, infested by this moth.


With the exception of a small district, badly infested, in the south eastern part of the town the infestation in the woodland is almost wholly confined to the district lying north and east of a line drawn from the Littleton town line


82


on the poor farm road through the Centre Village to the Concord town line at East Acton.


In concluding this report I wish to express my sincere appreciation of the services which the men employed in the brown tail and gypsy moth work have rendered during a most severe winter and my respect for the qualities which have enabled them to continue this work day after day under the most trying conditions of weather.


CHAS. J. WILLIAMS,


Tree Warden and Local Superintendent.


NOTE .- Upon application to the tree warden, or to a deputy tree warden by persons desiring to cut trees growing within the limits of a public way along their lands and out- side of village limits, such trees as the Town desires to per- manently retain will be marked, and a permit given to cut the remainder.


Although the laws relating to the protection of shade trees have been annually published in this report for sev- eral years a number of our citizens appear to be unaware of the fact that the old "spiked tree law" so-called, has been repealed and that under the law now in force all trees with- in the limits of any public way or place are public shade trees belonging to the town for its use and benefit until such use and benefit is relinquished in writing by the town through its agent, the tree warden.


Any growth measuring one inch in diameter at the butt is a tree within the meaning of the statute.


Deputy Tree Wardens.


Moses A. Reed, Acton Center; Albert H. Perkins. West Acton.


83


REVISED LAWS.


Chapter 53.


Section 12. The tree warden may appoint and remove deputy tree wardens. He and they shall receive such com- pensations as the town determines or, in default thereof, as the selectmen allow. He shall have the care and control of all public shade trees in the town, except those in public parks or open places under the jurisdiction of the park com- missioners, and of those, if so requested in writing by the park commissioners, and shall enforce all the pro- visions of law for the preservation of such trees. He shall expend all money appropriated for the setting out and maintainance of such trees. Regulations for their care and preservation made by him, approved by the selectmen and posted in two or more public places, imposing fines and forfeitures of not more than twenty dollars in any one case, shall have the force and effect of town by-laws. All shade trees within the limits of a public way shall be public shade trees.


Section 13. Public shade trees outside the residential part of a town, as determined by the selectmen, shall not be cut or removed, in whole or in part, except by the tree warden or his deputy or by a person holding a license so to do from the tree warden. Public shade trees within said residential part shall not be cut, except for trimming by the tree warden, nor shall they be removed by the tree warden or his deputy or other person without a public hearing at a suitable time and place, after notice thereof posted in two or more public places in the town and upon the tree and after authority granted by the tree warden therefor. Who- ever violates the provisions of this section shall forfeit not less than five nor more than one hundred dollars to the use of the town.


84 Chapter 208.


Section 102. Whoever wantonly injures, defaces or des- troys an ornamental or shade tree in a public way or place, or negligently or willfully suffers an animal, driven by or for him or belonging to him, and lawfully in a public way or place, to injure, deface or destroy such tree, or whoever, by any other means, negligently or willfully injures, defaces or destroys such tree, shall forfeit not less than five nor more than one hundred dollars, one-half to the use of the complinant and one-half to the use of the city or town in which said act is committed; and shall in addition thereto be liable to said city or town or other person interested in said tree for all damages caused by said act.


Section 103. Whoever negligently or willfully suffers an animal, driven by or for him or belonging to him and lawfully on the highway, to injure, deface or destroy a tree which is not his own, standing for use or ornament on the highway, or whoever, by any other means, negligently or willfully injures, defaces or destroys such tree, shall forfeit not less than five nor more than one hundred dollars, one- half to the use of the complainant and one-half to the use of the city or town in which said act is committed; and shall in addition thereto be liable in damages to the owners or tenant of the land in front of which the tree stands.




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