Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1868-04-11
Published March IL, 1868. j
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| AN ACT for the protection Of shade trees
The people of the state Of Wisconsin, represented In
senate and assembly, do enact as follows:
Section 1. Every person whose lands are bounded
by any highway street, through whose lands any
highway street may run, may cultivate and grow
two rows of such kinds Of trees as commonly
grow forty more feet in height on either both
sides said highway street, which trees may be
planted one rod or less apart in the row, leaving
place for the foot path, and within eight feet Of the
line Of said highway or street. And after said
rows of trees are grown aforesaid to the height
twelve feet flom the ground, the owner may give
tce 10 the officer having the and charge of said
highway street that he claims the benefit of this
act the growing Of shade trees and thereupon the
trees I'd IL SUCH examination ne snah md that
the owner has grown or planted the trees and that
they are growing thrifly, he shall give ire owner Of
said land and trees certificate showing that he ac-
cepts the said of trees shade trees OF said high
way or street, and thereupon the said trees shall be-
come public shade trees and be protected as public
property but the title TO the trees and any fruit they
may produce shall remain the property Of the owner
Of the land.
Sec. 2 The person receiving the certificate afore-
said shall be entitled receive annual bounty for
the growing Of public shade trees at the rate Of two
cents for each rod Of shade trees side Of road,
or four cents for the length of the highway where
trees are planted both sides thereof and grown
af resaid which said amount Of bounty shall be al
lowed to the person holding said certificate upon the
highway taxes assessed upon the same land.
Sec. 3. If any person shall by himself or servant
down break pirdle, bruise, mar the bark, or in
shall hitch any horse animal to any public or pri
shade tree growing the side of the highway
rect shall allow any animal under his control TO
break mar or do damage TO any shade tree standing
ia the line of the highway street. such person shall
be liable pay the Of five dollars for every shade
tree which Is cut down, broken, girdled, bruised,
married or injured or TO which any horse animal IS
hitched or which shall be broken, marred or damaged
by any animal under his control, which shall be
collected by the officer having charge Of the highway
streets on the side of which the tree damaged
shall stand be growing in action of trespass, and
which money when collected shall constitute part OF
the highway fund In the hands Of the officer and be
used accordingly and the person doing or allowing
the committing of such damage shall be liable further
to the owner Of the land for all damage he may sustain
the same the public had interest in said shade
trees Every officer having charge Of the highway or
street who shall down, destroy damage any tree
planted or grown aforesaid for shade tree within
eight feet Of the outer line of the highways Streets
or shall order permit the to be done by his
workmen shall be personally liable the same as any
other person under the provisions Of this section. This
section shall prohibit the Of the land from
cutting any lead decaying ire for his own USE
divided, he shall Immediately plant another tree TO
take the place Of the shade tree cut down.
Sec. This act shall take effect and be In force
from and after its passage and publication.
Approved March A, 1858.