1t>. ^^'^^^o. IMAGE EVALUATION TEST TARGET (MT-S) 4 /. (./ ,.<^ % >^ y CIHM/ICMH Microfiche Series. CiHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions Institut Canadian de microraproductions historiques 1980 Technical Notes / Notes techniques The Institute has attempted to obtain the best original copy available for filming. Physical features of this copy which may alter any of the images in the reproduction are checked below. n n Coloured covers/ Couvertures de couleur Coloured maps/ Cartes gdographiques en couleur Pages discoloured, stained or foxed/ Pages d6color6es, tachetdes ou piqu6es Tight binding (may cause shadows or distortion along interior margin)/ Reliure serrd (peut causer de I'ombre ou de la distortion le long de la marge int^rieure) L'Institut a microf ilm6 le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Certains ddfauts susceptibies de nuire d la quality de la reproduction sont not6s ci-dessous. 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Les Images suivantes ont 6x6 reprodultes avec le plus grand soin, compte tenu de la condition at de la nettet6 de I'exempiaire filmA, et en conformity avec les conditions d^J contrat de fllmage. Un des symboles sulvants apparattra sur la der- nlAre Image de cheque microifiche, selon le cas: la symbols — ► signifie "A SUIVRE", le symbols V signifie "FIN". The original copy was borrowed from, and filmed with, the kind consent of the following institution: National Library of Canada L'exemplaire filmd fut reproduit grflce d la g6n6rosit6 de I'dtabiissement prAteur suivant : Bibllothdque nationale du Canada Maps or plates too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes ou les planches trop grandes pour 6tre reprodultes en un seui clich6 sont filmdes d partir de Tangle supdrieure gauche, de gauche d droite et de haut en bas, en prenant le nombre d'images n6cessaire. Le diagramme suivant illustre la m6thode : 1 2 3 1 2 3 4 5 6 M A N r A 1 NATIONAL l^WHAIt Y CANADA BIBLIOTHiiQUE NATI0NALE J OK THK DUTIBi OP ROAI) i KM. IWiM8, UmiSn THK MINICIPAL CODE or TIIK PROVINCK OF QUEBEC, in L. C. BELANGEB, Advocate. *>■ > SHERBROOKE : a FRINTKO AT THE ** PIONNIER JOB OFFICE 1872. A3-/5-.: f g *i(-¥r •*, .. t ed t lepa ges. that of til heb boar ,1 dout - ■ intei ' ^ ''* visio siipo • I j'>i Mi: !(■ ;"i '■• u • /Mil' i'/\iu*; .l.>li.*i;i <■ •, (' 1 .7 r:>'i wit.!.' •;. < •!"i. ■•■!llH t.jii; ROAD AND RURAL INSPECTORS. : » i* Under the Municipal Code. "^^ ' •!•.' I r '.- I ,' '/'»•■ I :: . II' ■ »■ Jlt> .' *'«.|:f!j fii.., > . U I !, ' « ♦ : » t » • Every local council must appoint, in the month of March of each year: i . . ; i -, . . .:..■.. .... .., > .. . lo. A road inspector for every road division in the muni- cipality ; 2o. A rural inspector for every rural division in the muni- cipality. An. 365. The road and rural inspectors enter upcn their duties so soon as they have taken the oath of office before the Mayor, Secretary-Treasurer or a Justice of the Peace. ,.?'/,., ,,»♦ ,« They remain in office until their successors enter upon the discharge of their duties. Art. 366. Justices of the peace are exempt from serving as such in- spectors. Art. 367. OF ROAD INSPECTORS. .^' .. v. . - . . , . The road inspector is bound to superintend all work order- ed to be done in the constructing, improving or keeping in lepair of local or county muiiidpal roads, side-walks and brid- ges, situated within the limits of his division, and to take care that such work be performed in conformity with the provisions of the law, proces-vcrbaux^ or by-laws which govern it, unless he be exempted therefrom by an order of 'the council or of the board of delegates under whose direction such work is being done, or unless a special ollicer has been appointed to super- intend such work. If any county municipal road is situated partly in one di- vision and partly in another, it is under the joint and several snpcJ'inli^Midencc of the inspectors of the two divisions. Art. 376. Fcrrios aro also uiidor the supLTiiitdiidoiico of Iho itispi^c- for ol llu; load division witliiii the limits of which thoy are sitiialcMl, unless they have been placed hy the council under the su[nirintendence of another olJicer. Arl, 377. Kvery road inspector appointed for a division has jurisdic- tion over every person liable to perform the works under his superintendence, whether such person is domiciled within or without the limits of his division. Ai'l. 378, Whenever the iii^poctor of a road district is, for any reason whatever, temporarily incapable of acting, the local council may appoint some person to replace him Unring such incapaci- ty ; in default of which the mayor must, during the continu- ance of such inca[iacity, place the division under Ihe jurisdic- tion of another road inspector of the manicipality, by a written oidiM" served on such inspector. Sucfr inspector is not thereby released from the superin- tendence of the division for which he had been in the first rnstam'o appointed. Art.'Sl\), . *" ''' ^ ''• The road inspei^tor, in so far as regards his relations to the county works whereof he has the superintendence, isan otlicer of the county council. Arl. 380. Every road inspector who refuses, or neglects without rea- , sf)nabl(^ cause, to perform any duty which is imposed upon himi by the provisions of the code or of municipal by-laws, or which is rcijuired of hmi in virtue of such provisions, or to obey the orders of the local or county council in respect, of the works which arc nnder his superintendence, incurs, in addition to damages caused for each case of neglect or refusal, a penalty of not less than one, nor more than twelve dollars, except in cases otherwise provided for. At-L 381. ^M Whenever any work must be performed in common upon any muni('ipal roads or bridges, it is the duty of the road ins- pector of the division to give to those persons who are liable to perform such work, a special notice? eilher verbally or in writ- ing : 'ii-il <>•' bni; .:uM?.\/ir >M\ lo^ ii:f! -iii) indwr i ;-ij;iiU': .-, ; rA' 1. Of the time and place where such work must be per- formed; 2. Of the quantity and description of materials which are required, and of the time and place where they must be pro- vided ; 3. Of the amount of labor whicji each must contribute ; 4. Of the description of tools and implements required, which must he of the kind ordinarily used by farmers in the niunicipality, J/7. 38"i. ^ of nu| if W( they arc :il under ijiirisdic- iiicler his rlihni or ly reason i council incapaci- conlinu- jurisdic- 1 writlcu supcrin- the first ns lo tlie 111 olliccr lOut rea- pon hint )r vvhiclr >bey the e works ition to penally scept in )n upon oad ins- liable to in writ- be per- lich are be pro- bate ; quired, in tlie lltlio nature of the work demaiwls it, iw may roqiiiro each of such persons to bring or to cause to be brought a eerlaiu number of liorses or oxen, with proper harness, carts or ploughs, if Jie have them. Every day's lal)or of horse or yoke of oxen, with liarness, carts or ploughs, is credited to tJie person wlio brought the 4jaine, as one day's work, /Ir^ 383. i .1 . It is the duty of tiie road inspector : 1. To direct and superintend the execution of all such woi-k ; 2. To fix the hour of commencing and leaving off such la- hor, and Uic time for rest and meals, so thai the day may con- sist of ten clear liours of labor on tlie spot where the work is to t)e done ; 3. To dismiss any person who is idle, who hinders the others from working, or who refuses to obey his orders. He may at once fill up the place of any pei-son who has not attended at the hour appointed for hibor, or who has been dismissed, at the costs of the pei-son so in default; such costs may be recovered by the S4ib8titutc or l^y the insp(ictor in th-e manner prescribed for the recovery of penalties impose^] by this •code. Art. 384 The road inspector mtint, on resolntion of \hc local coamcil to that effect, procr-" '\nd keep under his cliarge, a snow plough, a roller, ait .. :. steel shod scraper or Other imple- Tnents to he irsed on the mnnicipar roads in his division.. Every person who is bound to perform work on municipal roads, may be compelled ])y the road inspector of the division to make use of such implements as part of the road work Iw. is hound to perform. The use of such implements is gi-atiiiloiTS and the outlay incurred for their purchase and repair falls upon the local cor- poration, j4r/. 385. V, ;• « The inspector of roads must forthwith, or at iJie expiration of Ihe delay granted in cases which come under the f)rovisions of article 389, cause the removal or suppression of all obstruc- tions and nuisances from the municipal roads, side-walks, ferries and bridges, within the limits of his jurisdiction, by tlie persons who have occasioned them, or in the event of their re- fusal or neglect, by any other person whom he authorizes so to do, at the costs of the person in default- Such costs are recovered in the same manner as penalties imposed by the pi-ovisions of this code, and tlie local corpora- I. tion is answiirablo tliorofor if tlio person in default is witlioiit means. -.ii:Mvif |}je person who occasioned such obstructions or nuisan- ces in unknown, they must be removed at the expense of the corporation of the local municipality. Art. 38(). The following are deemed obstructions or nuisances : 1. Filth, dead animals, or other objects placed or left on any municipal road or bridge, or in any water-courso or ditch connected with such road or bridge ; U,*- *■ W, r f 2. Any trench or opening made in any municipal road ; 3. The anchoring or mooring of any vessel, boat or other floating object, at the landing place of any ferry, so as to impede free approach to the beach or to a quay. Art. 387. whoever has committed any act which may have the effect of obstructing, impeding or rendering inconvenient the free passage of vehicles or foot jiassengers over any pa't of a municipal road, side-walk or hrid^^e, or of impeding the free course of water in connection witli such works, is deemed lo have occasioned an obstruction or nuisancM), within the mean- ing of the two preceding articles. Art. 388. i-r! Whenever such obstruction arises in the course of some work duly authorized by-law, by the council, or by the road ins|)ector, under the provisions of any by-law or resolution pass- ed in virtue of article 476, the same is not deemed an obstruc- tipj|, within the meaning of those articles. Art. 389. '* Whenever any such duly authorized woik is in course of execution on any municipal road« side-walk or bridge, excava- tions and other dangeious places must be pointed out, both by day and night, in such a manner as to prevent accident, under a penalty not exceeding twenty dollars, for each day during which tlie provisions of this article arc contravened, in addi- tion to any damages occasioned thereby. Art. 390. Whoever causes any obstruction or nuisance on any mu- nicipal road, side walk, ferry or bridge, or renders the use thereof dillicult or dangerous, incurs for each otFence, over and above the damages occasioned thereby, a penalty of not less than two or more than ten dollars. Art. 391. l,f>/ju;The road inspector of the division must make a report to the council respecting any encroachments on the road, side- walks, bridges and other municipal public works which are under his superintendence. Art. 392. Every road inspector, and every person who accompanies him, or who is authorized by him in writing, may in the day lime, without previous notice, enter upon any and whatever. \1 01 al c f is witiiout s or miisaii- eiisc of the mces : ' ' " ! or left on se or ditcJi al road ; ^t or olhor 3 to impede ' iiave the snient tiie pa-t of a %' tJie free eenied lo the iiieaii- 3 of some tile road ti oil pass- oi)striic- ourse of exrava- 1)0 th by It, under during 111 addi- t my mu- liie use )verand not less 'port to •1, side- » ich are ipanies ho day itover. a . whether orrupicd or unoccupuMl, inclosed or nninrlosed, lor the purpos(( of making a survey for any road, or upon any unoc- cupied land, for the purpose of searching for tinilxM*, stone or materials necessary to carry on any public work, by making compensation for actual damage done. Art. 393. Every road inspector entrusted with the supei-intendence or direction of labor on any road, bridge, or other public work, may by himself or by others acting under his direction, and without previous notice, enter in the day-time, to the distance of one arpent from such public work upon any unoccupied land and take therefrom any materials requisite for such work, ex- cept fruit-trees, maples, planes, and any other trees preserved for ornament. Art. 394. -'■• Such inspector must, as soon as possible, declare on oath, what he believes to be tUe value of the damage occasioned by the taking of such materials. If the amount of damage exceedis twenty dollars, it must be assessei^ by the valuators of the municipality, according to the ruli^s laid down in article 902 and the following articles of expropriation foi innnicipal purposes. -4r/. 395. " The amount of damage is paid by such road inspector, out of the moneys placed in his hands for defraying the cost of such works, to the person who has suffered the damage, all municipal taxes, fines or costs due by such person to the corpo- ration or its officers being previously deducted therefrom, in d«)fault of such moneys it is payable by the corporation, saving its recourse against the persons bound to perform such works. Art. 390. The road inspector may, without being authorized by the council, perform or cause to be performed, the works re(]uired on any municipal front road, by road, side-walk, or bridge within the limits of his jurisdiction, which have not been per- formed in the manner or at the time prescribed by the persons bound to perform such works. He may also furnish or cause to be furnished the materials which should have been furnished for such public works, and which have not been so furnished in the manner or uL the time prescribed. .r .'/• . .•, i- .;h! Nevertheless tlie cost of the work performed and the ma- terials furnished, in virtue of this article, must not exceed five dollars each year for each piece of land liable for such work, unless the road inspector has previously served on the persons liable for such municipal works, a spetnal notice either verbal or written, enjoining them to perfoim such work or to furnish thn malnrials roquirnd vvllliin n (Iclay or four days, t!io wIioIh wi I limit projiuliro to ponaltios or damages iiuuirrod l)y sncli prisons, l)y loasoi) of tlifir di^faull lo cxim'uIcj such \Vurl< or to fiiruisli Hiicii materials in the mamicr and within the delay prescribed by the 'prociis-vcrbaux^ or tlie by-laws or by-law. In every cise, Ihe road inspector who has performed work, or caused the same to be performed, or furnisiied materials, or caused the same to be furnished, under this article, must, as soon as possible, inform the persons in default thereof by a spe- cial notice, containing a statemeuVof the.amouuL due foi'&ucU works or materials i4r/. 397, .. ' ,.., . . .r' i„.v The value of such works or materials, with twenty per cent in addition thereto, may be recovered by the inspector of roads, as a debt due to himself, together with costs against any person bound to perform such worKs«<>r furnish such materials, in the manner prescribed for the recovery of penalties imposed hy tJie provisions of this code. -4r/, 398. • If the road ine^pector does not comply with the provisions of article 397, when the labor or materials required on any mu- nicipal works, in his division, have not been performed or fur- nished in Ihe manner and at the time prescribed, he must report thereon to the council. Art, 399, • The council, on such repoit, authorizes the road inspector to cause the work to be done or the required materials to be furnished at the cost of the corporation, by some pcM^on select- ed either by it or by the inspector. ArL 400, The cost of such works or materials is jxiid on the order of the road inspector, by the secretary-treasurerof the council, and is recovered by the corporation from the persons in default, with twenty per cent over and above the amount thereof, and costs, ip the manner prescribed for the recovery of penalties imposed by this code. ArlA^i. The amount of any judgment rendered in favor of the road inspector or of llie corporation, on any action brought to recover the value of the works performed or the materials furnished by either the road inspector or tlie corporation, and the twenty per cent in addition thereto, together with interest and costs, is assimilatedto municipal taxes. ArL 402. in every action brought, either by the road inspector or by the corporation to recover the value of such works or ma- terials, the evidence of the road inspector is sufficient proof, if it is not contradicted by a witness worthy of belief, in the case where he (establishes : 1. That the required formalities have been observed ; 10 wlioli* by such (I'k or to lie delay -law. ed work, 3 rial 8, or imst, as l)y a sptj. for such )nty per xjclor of i list any atorialft, imposed ovisioiiR any niu- d or fur- it report ispector Is to be 1 select- iif .-. e urder ;ouncii, ilefault, of, and snalties he road I'ecover nislied twenty I costs> "tor or or nia- •oof, if ho case 2. That the works have been executed, and the materials furnislied ; 3. Tiuit the amount claimed is the real value of such works or materials ; \. That the defendant is a person legally liable for Iho same. ArtAm. ' •"•>'^' The road inspector must, between the first and the fifteenth days of June and October, in each year, and moreover when- ever he is required by the council or mayor: ... ,. .' 1. Go over and inspect the municipal ferries, roads, side- walks and bridges in his division ; state in which he finds such ferries, bridges, and the works iu conuectiou 2. Mark down the roads, side-walks and Iherewi th ; '..,3. Make note of any person, who has neglected to fulfil his obligations, and prosecute him in the name of tiie corpoia- tion ; 4. Make a report in writing containing the substance of the notes he has taken and the information* Ik; has obtained since his last report, on every public work under his superin- tendence, and further stating the arrears of labor unperformed or of materials unfurnished, the value in money of such labor or materials, and the penalties and costs remaining unpaid, specifying the lands in j'espect of which the same are due, and the owners or occupants of such lands, if known. Art. 404. When a municipal bridge or one forming part of a muni- ci[)al road, or a bridge over a water-course is destroycjd or broken, or whenever the use thereof becomes dangerous, the mayor of the local municipalty in which such bridge is situat- ed either In whole or in part, whether such work is a local or a county work, may iu cases of urgent necessity, authorize the road inspector or any other person to I'econstruct or repair the same, or to make a safe temporary bridge or crossing, at the expense of the local corporation. Ti wt The cost of such work is recoverable by* the local corpora- tion; from the persons or corporation who are liable therefor in virtue of the law, by-laws or proccs-vcrbaux, in the manner laid down for the recovery of penalties imposed by the code ; and tlie amount of the judgment with interest and costs is assi- milated to municipal taxes, ir^ 405. The road inspector of the division must take care that the work (ordered by the council to be made on roads or bridges at the cost and charges of the cor[)oration) is executed by the It I I'l ; it 8 corporation in tlio manner rojinin^fl by l\u} procits-vcrhnux or by the provisio!is of law which govern the same. ; ;{,«; In (%'iso of negbM'A, he mnsl re'^uire liie corporation to per- form snrh work, and for any default so to do, prosecute it in liis own name. Art. 539. All works ordered to be done upon county or local roads and upon side-walks, are executed either under the superinten- dence and control of the inspector of the road division in which such roads or side-walks are situated, or under the superinten- dence and control of a special officer appointed for such purpose, by procf's-vcrbal or otherwise, by the council or by the board of delegates liaving tho control of such roads or side-walks. Art. 785. ■ ■• ■' /' ■■'"' ''■ . . ' --:"••.'-!' ■ Repairs to be done on by- roads are performed by contri- bution in money levied by the road inspector, on the taxable property of parties liable to such repairs, by means of an act of apportioiuneut made by him and approved of by the council. Art. 827. Such work, every year, is publicly given out by the ins- pector of roads, after public notice, to the lowest tenderer, dur- ing the month of October for the period included between th(3 first day of November, and the thirtieth day of April inclusive- ly, and in the mouth of April for the period included between the first day of May and the thirty-first day of October inclusi- vely, who offers satisfactory security for ihe execution of such work. Art. 828. In the absence of proces-verbnux or of by-laws respecting them, the work of constructing, improving or maintaining bridges situated on a front road, is performed at the cost of all the proprietors or occupants of the taxable property comprised in the range in which is such front road, and the work upon bridges situated upon by-roads is at the cost of persons liable for such work on such by-roads. The work of constructing or improving such bridges is in such case performed by contract, and the repairs are per- formed according Cb the rules laid down in articles 827 and 828. i; "Winter roads are laid out before the first day of December in each year, in the places fixed by the road inspector of the division, in accordance always with the orders of the council, if the council see fit to give orders thereon. The line thereof is marked by means of balizes of spruce, cedar or other wood, of al legist eight feet in height, fixed on the ground at each side of the road, at a distance of not more 1). nhnux or ion lo per- ecute it ill ocal roads luperinteii- 11 ill which iiperinten- ;h purpose, Iho board >ide-walks. by con tri- be taxable if an act of le council. )y the ins- (lerer, dnr- 'lw(MMi the inchisive- d be I woe n )er inchisi- on of such respecting aintaining cost of all comprised /ork upon ions liable idges is in 's are per- 11 and 828. December •tor of the le council, of spruce, :, fixed on not more tlian Lhirty-six feet om^ from the olher on each line: if Iho road is laid down with two tracks, a row of lializesmnst be fixed in a similar manner between tin two tracks. Front roads are laid out by the persons who are liable for work on such roads, and by-roads by the road inspector of the division. i4r^. 832. In default of. an order of the Gonncil that a road b(\ du- ring the winter, laid out and kept as a double road, — a double track of 25 feet in length, at distances of not marc; than four acres from one another, must be made and maintained on ev- eiy municipal winter road. Art. 833, .; No winter road, if there is a single track, must lv» less than fifteen feet in width, between the two rows of b;Uiz(>s. If it is a double road, each track must be at least ten feet iu width. /!;•/, 835.. ' ■ . , • Winter roads on rivers separating two municipalities are laid out as soon as the ice is sulTicieutly sti'ong, under tlui di- rection of road inspectois or other officers of the Iwo councils interested. Arl. 845. The Council or the board of delegates, uud(.>r whose direc- tion work by contract is performed, may order any juid in- sp(H'tor of the division in which siu U vvork is Iteiiig done In superintend its execution. /IrL 1)01. . i ,;., , „ , > , ,, OF RURAL INSPECTORS, ^ I ..!(> ill Articles 3(>5, 306 and 367 mentioned above also apply Irr* rural inspoctors. Rural inspectors are bound to do wbatev(3r is nuniired of them, in virtue of the provisions of this codcj, respecting pui)lic. nuisances, clearances, boundary ditches or boundai'y I'encctR. They are bound to superintend all works of construction, improvement or repair, ordered upon local or county niniiici- pal water-courses, situated within the limits of their divisions, and to take care that such works Ik; performed according to the provisions of the law, procl's vrrhnux^ or by-laws which govern them, unlOvSS they are exem[»ted from so doing by an order of the council or of the board of delegates under whose direction such works are being executed, or unless a special officer entrusted with the superintendence of such works has been appointed. They are also bound within the limits of the division for which they have been a[)point(Ml, to])erform all theotherduties which ar(3 iiu[>osed upon them by the [novisions of thi.s lodo or i)y iinuiicipal bylaws.- Arf. i(J6. !'. k to The rules laid down in articles 378, 379, 380, and' 38r, re- garding road inspectors, apply also mutatis mutandis to rural inspectors. . ; ' ' , ' Articles 382, 383 and 384, are also applicable to such offi- cer^, whenjoint labor must be done upon water-courses. ^47*^407. The provisions of articles 397, 398, 399, 400, 401, 402, and ^03, respecting the execution of work prescribed on municipal roads, side-walks and bridges by the road inspector or by the council in the name of the corporation, upon the default of the persons liable for such work, and respecting the recovery of the value of such work, apply with similar effect to work pre- scribed either under the provisions of this section, or prescrib- ed on municipal water-courses, for the execution of such works by the rural inspector of the division, or by council in the name of the coiporation, upon the default of the persons liable, and to the recovery of the value of work executed by such in- spector or council. Art. 408. Whenever the services of a rural inspector are required, under the provisions of the four following paragraphs of this section, in any locality situate partly within the limits of the jurisdiction of one rural inspector and partly within the limits of the jurisdiction of another, one or other of such inspectors may be required to act. Art. 409. Every rural inspector, when required to act under the pro- visions of the four following paragraphs of this section, is en- titled to ten cents for every hour employed in visiting the loca- lities as well as in managing and superintending the works, if he does not perform them himself. ., ; ,•,, ■ . ., .;-. , n He has also a right to be repaid any necessary outlay and costs incurred by him for notices, or other papers requisite, made under the same provisions. Sucli costs are paid by the person whom the rural inspec- tor fmds in default. If no person is in default, they are paid by the party who demands the services of the municipal officer. In case of common or joint works, they are paid by all the parties interested, if they are all in default. In case of refusal or contestation, they are recovered in the same manner and with the same rights and privileges as the value of municipal works performed by the road inspec- tor. Art. 410. . ■:\r The rural inspector whose services have been required by the municipal council, or lor r,he benclit of the corporation, is not entitled to any fee from the latter : the council may, ne- vertheless, allow liim on(\ Art. 'i 1 1.- 11 d'38t, re- ? to rural such olTi- 5. i4r^407. , 402, and municipal or by the lultof the covery of work pre- r prescrib- jch works :;il in the ons liable^ y such ill- required, IS of this its of the the limits inspectors ar the pro- )n, is en- g the loca- vvorks, if Litlay and requisite, ■a I inspec- are paid )al officer, y all the )vered in i leges as d Inspec- uired by ration, is may, lie Every special notice or order given by a rural inspector, may be given either verbally or in writing, saving in cases otherwise provided for. Every other order given by a iniral inspector is given by special notice, s'lbject to Ike provisions of article 228. ArlA\2. No one is bound to give a special notice to anv proprietor absent who has not appointed an agent, unless sucfi proprietor has made knowii his address in writing by filing t'he same in the office of the council. Art. 228. The rural inspector and any person interested may require from any possessor, tenant or occupant of any land, in the same manner as from the owner of such land, the fulfilment of every obligation imposed upon such owner in regard to clearings, boundary ditches, boundary fences or \yater-courses, saving the recourse of such possessor, tenant, or occupant, against the proprietw, if any there be. Art. 413. The rural inspector must, on being authorized for such purpose by the mayor or the secretary- treasurer of the local council, make or cause to be made, at the expense of the cor- poration, in the snow or ice, trenches and all other works which are required to prevent floods and to facilitate the water in running off. Art. 414. All the work ordered to l;e done on any county or local municipal watercourse is performed under the superintenden- ce and (control of the rural inspector of the division through which such watercourse Hows, or of a special officer appointed for that purpose by the councilor board of delegates, who have the control of such water-coui-se. Such special officer is invested with the same powers, sub- ject to the same obligations and liable to t-he same penalties, in relation to the water-course for whioh he •l4as been appoint- ed, as the rural inspector. An. 873. ,,.,.. , . .; , ^ .,*.■ The work of opening a municipal water-course cannot, iiowever, be superintended by a iniral inspector who is person- nally interested in t;lie work to be performed on such water- <'Ourse. An. 874. The rural inspector of every rural division must, between the first and fifteenth davs of the month of June in oiwU vear, and thereafter until the month of November following, when- ever required so to do by the council, or by Ihelioai'd of dele- gates or by any pereon interested, visit and exainiiK^ the walcir- c-ourses under his sui)erintendence, and provide that the nt!ces- «ary work, for the maintenance of the same, be executed with- out delay, in confonnity with the provisions of tlie law, and of ']2 w tlhe prorrs-vrrbnux^ acls of agroomont or l)y-laws, which prc- isci'iho such work. An 870-. No pcM'snii is lioimd to pciroriii work upon any nimiicipal Nvalor-c'oursc bflwoeii the lirsl day 'of Novoiiiber in oacli veai-, and llio Ihirty-'fu'st day of the month of May following, 'both days inclusive, except wlicn such wator-rourse isobsljuctcd by ^now or ice, and on the order of the ins[)ecior. Art. 87*7. Whenevef any 'filLli or dead animal has been deposited upon any pi'operty wliatever or in a water-course, strcnini of I'iver, It is tiie duty of t'he rul-al inspector of the division, Nvithin t'\venly.fowr nours after lie has received a special noti- ce, eilliei' Writteli or verbal, so to do, to have such filth or dead animal reniovecl by the person w'ho deposited it. If the pei'66n who has deposited siicli filth or dead animal k imknown, It is the duty of the rural inspector, within the same delay, to cause the same to be removed at the expense of the corpo rati oil.' Art. 415. , . . ; . . ' J :"/T.:. i . . f ; The rilfal inspector, 6'n either the t^'rttfceli' or verbal retjui- sition of any o\vner or occupant of land in a slate of cultiva- 'tion, who requires a clearance to be niad'(5 by his neighbour in virtue of article 531 of the civil code, must attend at the place where such clearance is required, after giving special notice ol" vig'ht days in Wiitilig to the piirties interested. - After an examination of tile looality, and on proof that 'such clearance is necessary and has been dem.inded by special notice in writing, served before tiio first day of tlie preceding Vnonth of December, he enjoins by wrillen order that within the thirtv davs next following, all shrubs whicli inv of a na-- tur6 to harm the cultivated land within an extent of lifleen feet in depth along the whole Ihie of separation of suc'h lands-, and all trees Which are found \vit;hin such extent, casting a' shade U[)0u such cultivated land, saving those excepted bylaw, or i-eserved for tlie embellishmeiU of the property, becut down. Art. ill-.' '''^''■' >''r'")^'" •••* ' ■ iTM'i; ' ••//li *:. Whoevt3r refitsos or neglects t(* t)bev the orders of the rn- I'al inspector relative to the clearance, incurs, without prejudi- ce to the execution of such ordeis, a licnalty not exceeding two dollars for (>ach ai-'pent in length of such clearance, for the first year, and for every subsequent year a penalty equal to double that of the preceiling year, over and above all damages •occasioned to the Cilltivaled land. Art. 418. The rur?5l inspector, upon the written or verbal applica- tion of any owner or ocH^upant who demands the opening up of ^ boundary ditch between his land and that of his neigh!)our, ■■■« l;^ Miii.'li pro- luiinicipal acli year, ing, both ■ruclcd by 877.. „ ^ dcposilod iti'(^aiii or division, )cial iioLi- h Qi'duad .... ..J... . id aiiimal itbin I ho xpeiise of bal roijiii- [■ CLiltiva- fhbonr in the placo notice of oof that y special reccdin^t,^ t \vilhin of a na-- f liflecMi 'Ji lands-, asting a" by law-, ntdown, " tbn ni- pi-ejndi- kCceding S for 1 1-10 ijual (o la mages applica- tiA'np of jrhboni', ditcbv mnst Visit tho locality oF >ncli proposed bonndarV where, after an e\aniin;!lion of the plac(\ and a hearing; of t!ie parties interested who have received three days' special notice thereof, he orders the performance of any works whic^i l^e dcemrs riecessaty, and determines hoAt and by whom they iUKst be execnted. Art. 420. '• The rural insi)ector, on the written or verbal appiic^ation of one of the neighbours who oojnplains of the insnflici'ency or bad (^onditio'n of the common or joint boundary ditch oVof the ])art tl'iei'eof for which his neig^hbour is liable, must, if it is necessary, order the person in default, to deepen, cltjaiftie and I'opair such ditc'h or part of a ditch, or to do his share of such work within a fixed delay. Such delay must not exceed the Viuie al)fiolutely necessary to perforin sndi work. ' ": ■ in case the work be not performed witliin suc^h deliiV. the inspector may authorize the complainant to do the work him- •self, the cost thereof to be recovered in the same manner as i^enalties under this code. ^4/7. 421. He may, at the same time, order the party complaining to deepen, cleanse or repair that part of the boundary ditch for ^\'il.ich he is liable, within the same dtday, if he finds such part insuflicient or in bad condition. Arl. 42;\ Whoever refuses or neglects to comply with the orders of the rural insixH'tor given in virtue of the preccnling i>rovisions of this paiagr;iph, incut's, over and above the damages result- ing from the defect or insulhciency of hisdit('h:>s, and wiihout ])rejudice to tht.» execution of such orders, a penally not (!xce(>d ing one dollar for every arpe'nt in hnigth of snch ditch which he has to make, every frai'tiou of an arpeiiL bi'ing counted as an entire ari»ent. AvL 42ik Whoever obstructs or allows any boundary ditch to* be obstructed in any manner whatsoever, is li.ible to a piMialty not exceeding one dollar for evt^ry day such ditch isso obstrurl- ed. /1/7. 42i. The rural inspevVtorof thedivi-sion, on th(^ written or verbal -appli(Nition of any owner.or occui)ant wbo demands the cons- Iruction or repair, or any works iKH'essary for the preservation of a boundary feiice between his land and tint of his neigh- Itour, in virtue 'Oi' article 503 of tlu! civil code, ninsl visit the boundary in qUej»tion, Avhere after having heard the intei-ested parties, duly riotilled thereof by a s])ecial notice of three days-, and examined the Works required, he orders any party in de- fault, whether complainant or not, to construct or repair hiss boundary fei^vce so that it b(» good and firm, within the deJa.f \\ determined by such inspector. Such delay must bo as sliort as possible. Art. 425. The rural inspector cannot order the making, in a rural municipality, of a new fence, or the repairing of an old one, when so dilapidated that the cost of repairing it would be equal to that of a new one, unless the party bound to do such work has received special notice in writing, to such effect, before the fust day of tho preceding month of December. Art. 426. Article 423 relative to boundary ditches, applies also to persons liable for boundary fences. Art. 427. ^jc The rural inspector of the division may authorize the open- ing of any trench or excavation in any public road, to enable a water-course to pass through the same. Such trench or excavation must be indicated, both by day and night, in such a manner as to prevent all accident, under a penalty of the damages occasioned. r,vjii,j|iin; . «i>i?i Within the forty-eight hours next after tne Commencement of the work upon the road, a suitable and solid bridge of the width of the road must be built over such water-course. This bridge continues to form part of the work of the water-course, :tf<.,:f|jjfv/ . r;;.')lj; >ii.ilxi Mtiti' '■'„.•!!: •:.^ '-i-Jslji «; jr.; iif, ,; v-tsr" l» ,irUH V{.J> <-i{f/N 1;)'i '- iVfc \': „U'.i i.. im ;u.>i(<:|^. :vr :JV 'V'l' 1 ■ ♦ I'r *