ART. 12.] FENCES. 1253

ienant of the property whereon such damage shall be done, shall
be liable to an action of damages for the injury to the full amount
of the actual damages, to be estimated by two disinterested per-
sons, one chosen by each party, and to be recovered before any
justice of the peace of the county; and if either party shall refuse
to appoint an appraiser of such damage for the space of five days
from the injury done, any justice of the peace may appoint an
appraiser in his stead.

1884, ch. 172.

104. It shall not be lawful for any person to have, erect, main-
tain or permit to stand upon his property, any fence or other
obstruction along the side of any public road in said county, so
built as to cause snow to drift upon said road; and every fence
so erected along any such public road, in places where snow is
liable to drift, shall be built in such manner as to admit of the
free passage of snow through the same.

Ibid.

105. Any person violating the provisions of the preceding
section shall be fined not exceeding ten dollars nor less than five
dollars for every offence; and each day that such fence or other
obstruction shall be maintained or permitted to remain shall con-
stitute a separate offence.

Ibid.

106. In all cases where any fence is now in existence along
Any public road in said county which causes snow to drift upon
such road, the county commissioners are authorized to co-operate
with the owner of such fence to replace the same by a wire fence,
and only where absolutely necessary to prevent drifting of snow,
and by so many strands of wire as will be necessary for the free
passage of snow through the same; and in all cases the county
commissioners are authorized to purchase wire for the making of
such fences; provided, that the owner thereof will furnish the
labor required in the erection of such wire fence at his own cost;
and they are authorized to levy the cost of such wire upon the
assessable property of said county, as other county expenses are
now levied.