Page 106 - index

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MrMCIl'AI. LAW lu;) •jiiit
asH of coiiti'aet, iiiUHt lie l)i(m;r|it witliiii six ealeiiilar iimiitliM at'tei' tlw; act was
lease c<)iiiiiiitte(l, or till' discovery of the iiijiiiy or (iania;,'e, \>y tlie injureil party;
ills. or, ill eas ' there is a continuation ol' ilaiiia^^e, then within one year Troiii the
first coniiiiittal oi' the act or its iiscovery.
tit'i. Trees on Streets. I. CJouncils ol' townshijis, cities, towns an<l
viila;fes may eiieuui'ajfe tin' planting of trees ami shriilis suitable for
afi'onlin;^' shaile on any i .i^liway l)y ahutenient of .statute lahor, nv Wy
payine- out of the ^^'eneral fund .1 sum not less than 2.'3c for every tree
planteil, accordiii;^' to the requiieiii' iits of the l)ylaw.
suc'li
2. Councils of all niuni(.ipalities may cau.se the removal of any trees,
shrubs, etc., i^rowiii;;- on any street or pui)lic jilace under its control, if • }'
iv
it is deenie(l iiecc^ssary ; but the owner of the ailjoiniii^' property is entitled .^il
to ttni days notice of such intention of the C'^Micil, and also to compen.sation
j^ii.
for his troul)le in planting' and protecting,' the .'^aiiif.
But such owner of adjoining' jjroperty, or a jiathmaster, or other public
otKcer, siiall not remove such tree or shruli without the express pernii.ssion
of the Council. The councils may also make re<;ulations for ])lantin^ and
preserving; ornamental troes upon any street, ])ul)Iic place or S(|uare, also
the distance from boundary lines of private pro])erty, where such trees may
be planted without the consent of the owner or occupant.
.'{. ("ouncils of cities and towns of 40,000 or over may autiiorize the
l^irk Commis.sioner or other officer api)ointed for the purpose, to plai'* such
ornamental trees, and also to trim all other trees, the branches of which
extend over the streets. The municipality shall not Ik! liable; for injury to
trees occasioned thereby, if rea.sonable care, skill and jud<fment luive been
exerci.sed in trimmin^f.
4. Cities of over 100,000 inhabitants may authorize tht; Park Com-
mi.ssioner, or other ofKcial appointed by the Council, to cut down and
remove all decayed trees, remove and transplant any trees, shrubs, etc.,
^frowinj;' in any public place or street under its control after ffivinff forty-
(ii^ht hours' notice of its intention to do so, without bein<r liable to any
owner of adjoining); property, provided tha^ no live tree, uidess within
twenty feet of other tn^es, shall be removed without the consent of the
owner of the property in front of which sucli tree is situate.
5IIJ. Land for Parks. The Councils of all municipalities may pass
l)y-la\vs for ac(|uirinjr land U/V public ])arks, sipiares, drives, etc., in the
municipality or ndjoinin<i- local municipality, without the con.sent of the
owners of .such i\'ti\ propca'ty, and if the amount of compensation camiot be
ajfreed upon, it shall be determined by arbitration.
Where land thus (expropriated is in an adjoining municipality, such
parks must ])e kept in an etHcient state of repair, open to the (General public
and provided with sufficient police protection.
514. La id for Cemeteries. Councils of townships, cities, towns
and villages may pa.ss l)y-laws for ac(juiring land for cemeteries, laying out,
improving and managing the same. The by-law must declare, in express
terms, that the lands so appropriated are for a public c(>metery and for no
other jiurpose, and such land, although without the municipality, shall