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P. 147
11 MUNTCfPAI. LAW
:}. In ciisf tlit^ 'I'owiisliij) ('((UiR'il neglects nv n'Tuscs lo k<'(|) siidi roiids
oj)t'ii, till' ('oiiiity ('ouiicil IS ciitillcil to do ho fiml to iiiiposf upon llic
lo\viiHlii[i H rale sutliciciit I'or tli<' purpose, aii'l collt'C'l tlu; saiiif as otluT
county I'atfs arc eollcctcil.
4. Any person liaMc to pcrloi-in statute lalior wlio neglects or ret'ust's
to turn out ami work under any patlnnaster wlio warns him out tor tliat
|)urposc, is lialile to a penalty of not less than SI nor nioi'c than SiJO
and costs, and in case oi" non-paynient, to iniprisonnierit for a tirni not
uxcpcdinu^ tweiity-onc days.
iHiii. Snow Fences. The councils of e\riy township city, town .md
incorpca'ated \illai;(^ may reipiire ownei-s or occupaiUs of lands horilenui^'
uijon any public highway to take down, altei' oi" reiiio' 'uy r'uce lound to
cause an acctuuulatiun oi" sncnv or ih'it't, so as to ( 'ct travel on the
pultlic hi'^hway. W'lierc such jiower is exeirised, liall make such
C(jmpensation to the owners or occupants I'or the allerauon or removal of
such fences, and for the construction of some other fence a])proved of liy
the Council in lieu thereof, as may he nuitually a;,n-eed U])on, and if the
compensation to be paid by the ('onncil cannot I)e aj:;reed up<ai, then the
same sliall be settled b}' arbiti'ation, as provided by the Miuiicipal Act.
1. In case the owner or occupant ref u.ses or ne;^lccts to remove such fence
and to construct such otiu'r fence as recpiircd by the Council, the Coinicil
may, after the expiration of two months from the time the compensation
was a^freed up(ni or awanled by arbitration, procei'd to do the same, and
all the costH and char^^es thereby incurred by the Council over and above
the .sum a<jreed u]ion or awarded by arbitration, may be recovered from
such owner or occujiaiit by action in the Division ( 'ourt, and if such amount
as judtrment is ol)taincd for is not .sooner paid, be entered by the Clerk
of the Municij)ality on the collector'.s roll, and collected as other taxes.
When a tenant is reipurod to pay the .said sinu, unless he "las a;,;reeil
with the landlord to do so, he may retain the amount ])aid from the rent
to be paid by him to the landlord.
2. The Council has power after the 15th day of Novt;mbi'r in (>ach
year to entei- upon any land.s whatsoever within the municipality an<l erect
snow fences along a public hiffhway, subject to the payment of such
damages as may actually be siiH'ered by the owner or occupant (jf such land,
and if the amount of damages cannot be agreed u])on the same shall be
settled by arbitration.
Uftl. Railway Fences. The fences on eacli .side of all railways and
electvic railways to be erected and maintained shall l)e of the height and
strength of an ordinary division fence.
LINE FENCES.
4MS8. Line Fences. Ownersof occupied adjoining lands are refpiired
to make, keep up and repair a just proportion of the division fence be-
tweca them. Owners of unoccupied lands shall, upon their being occupied,
be in the same position as though they had been occupied at the time of
the original fencing.