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MUNICIFALi CaBEJ 
 
 OP THE 
 
 FOR THE USKOF 
 
 (":> 
 
 THB ROAD OFFICERS 
 
 Iftjffl^, 
 
 , ■ 
 
 

 ABSTRACT 
 
 OF 'raE 
 
 MUNICIPAL CODE 
 
 OF thp: 
 
 PROVINCE OF QUEBEC 
 
 FOR THE USE OF 
 
 THE ROAD OFFICERS 
 
 QUEBEC. 
 
 1878. 
 

 I 
 
 \ 
 
ABSTRACT 
 
 OF THE 
 
 Municipal Code of the Pforince of Quebec 
 
 FOR THE USE OF 
 
 THE ROAD OFFICERS 
 
 .SECTION III 
 
 OFROADINSPECTOKS. 
 
 576?. The road inspector is bound to superintend all work ordered 
 to be done in 'the constructing, improving or keeping in repair of 
 local or county municipal roads, side-walks and bridges, situated 
 withm the limits of his division, and to take ciire 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 therefrou. by an 
 order of the council or of the board of delegates under whose direction 
 such work is being done, or unless a special officer has been appointed 
 to superintend such work. 
 
 If any county municipal road is situated partly in one division 
 and partly in another, it is under the joint and several superinten 
 dence of the inspectors of the two divisions. 
 
 377. P^erries are also under the superintendence of the inspector 
 of the road division, within the limits of which they are situated 
 unl ess they have been placed by the council under the superintendence 
 of another officer. 
 
 378. Every road inspector appointed for a division has jurisdic 
 tion over every person liable to perform the works under his superin- 
 tendence, whether such person is domiciled within or without tha 
 limits of his division. 
 
 379. Whenever the inspector of a road district is for any reason 
 whatever, temporarily incapable of acting, the local council may 
 appoint some person to replace him during such incapacity ; in default 
 of which the mayor must, during the continuance of such incapacitj-, 
 
plaw tho division under tlie jurisdiction of anotiier road inspector of 
 the municipality, by a written order served on such inspector. 
 
 Such inspector is not thereby released from the superintendence 
 of the division for which he had been in the first instance appointed. 
 
 380. The road inspector, is so far as regarils his relations to the 
 county works, whereof he lias the superintendence, is an officer of the 
 county council. 
 
 *' Whenever a road inspector is personally interested in any 
 work or other matter within his jurisdiction, and neglects or refuses 
 to execute or supply, that which he his bound to execute or suppl}', 
 that which he his bound to execute or supply, as interested in such 
 work or matter, the secretary-treasurer of the local municipality whe- 
 rein such inspector has jurisdiction, possesses in relation to such 
 inspector the same rights, powers and obligations as the in8i)ector 
 himself,in relation to all persons interested in the same work or matter. 
 
 In respect of works to be performed in common the inspector so 
 Interested is always in mora, to fulfil the obligations attaching to such 
 work." 
 
 381 . Every road inspector who reftises or neglects without rea- 
 sonable cause, to perform any duty which is imposed upon him by the 
 provisions of this code or of municipal by-laws, or which is required 
 of him in virtue of such provisions, or to obey the orders of the local 
 or county council, in respect of the works which are under his super- 
 intendence, incurs, in addition to damages caused for each case of 
 neglect or refusal, a penalty of not less than one or more than twelve 
 dollars, except in cases otherwise provided for. 
 
 ^382. (As amended by 36 Vict., ch. 2[, s. 10.) Whenever any 
 work must be performed in common upon any municipal roads or 
 bridges, it is the duty of the road inspector of the division to notify 
 specially the persons who are liable to perform such woik, by special 
 notice either verbally or in writing, or by public notice of three days : 
 
 1 . Of the time and place where such work must be performed ; 
 
 2. Of the quantity and description of materials which are re- 
 quired, and of the time and place where they must be provided ; 
 
 3 Of the amount of labor which each must contribute ; 
 
 4. Of the description of tools and implements required, which 
 must be of the kind ordinaril}^ used by farmers in the municipality. 
 
 n 
 
However, if the work to be jjerformed in common is not Hufflcient 
 111 the opinion of thi^ council, to justify the making of ,i call upon the 
 rate payers interested, the rojul inspector may cause such work to be 
 perfon.icd and the cost thereof to be paid in equal j.roportions by 
 the rate payers interested in such work as well as the costs of the 
 collection which shall be ta.xed by the said council. 
 
 3.^3. If the nature of the work demands it, he mav require 
 enchol s-ich persons to bring or to cause to be brought ' a certain 
 number of hoiHcs or oxen, with proper harness, carts or ploughs, if 
 he have taem. '' 
 
 Evei>' day's labor of a horse or yoke of oxen, with harness, carts 
 or ploughs, is credited to the person who bought the same, as one 
 day 8 work. 
 
 384. It is the duty of the road inspectoi- : 
 1. To direct and superintend the execution of all such work : 
 •2 To fix the hour of commencing and leaving otf such labor 
 and the time for rest and meals, so that the day may consist of ten 
 clear hours of labor on tlie spot where the work is to be done : 
 
 3. To dismiss any person who is idle, who hinders the others 
 Ironi working, or who refuses to obey his orders. 
 
 He may at once fill up the place of any person who has not at- 
 tended at the hour appointed for labor, or who has been dismissed, 
 at the costs of the person so in default ; such costs may be recovered 
 by the substitute or by the inspector in the manner prescribed for the 
 recovery of penalties imposed by this code. 
 
 385. The road inspector must, on resolution of the local council 
 to that effect, procure and keep under his charge, a snow plough, a 
 roller, an iron or steel shod scraper or other implements to be used 
 on the municipal road in his division. 
 
 Every person who is bound to perform work on municipal roads, 
 may be compelled by the road inspector of the division, to make use 
 of such implements as part.of the road work he is bound to perform 
 
 The use of such implements is gratuitous, and the outlay in- 
 curred for their purchase and repair falls upon the local corporation. 
 
 386. The inspector of roads must forthwith, or at the expiration 
 
6 
 
 of the delay grantod incases wiiieh come im<ler the provisions of 
 article 381), cause the reiiiovtil or suppression of all obstructions and 
 nuisances from the inunieii)al roads, side-walks, ferries and bridges, 
 within the limits of his jurisdiction, by the persons who have occa- 
 sioned them, or in the event of their reftisal or neglect, by any other 
 person whom he authorizes so to do, {it the costs of the person in default. 
 
 Such costs are recovei'ed in the same manner as penalties impo- 
 sed by the provisions of tliis code, and the local corporation is 
 answerable therefor if the person in default is without means. 
 
 If the person who occasioned such obstructions or nuisances is 
 unknown, they must be removed at the expense of the corporation of 
 the local municii)alit;'. 
 
 387. The following are deemed obstnictions or nuisances ; 
 
 1. Filth, dead nnimals, or other objects placed or left on any 
 municipal road or bridge, or in any watercourse or ditcli connected 
 with such road or bridge ; 
 
 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 ap 
 proach to the beach or to a (^uay. 
 
 388. Whoevei has committed any act which may have the effect 
 of obstructing, impeding or rendering inconvenient the free passage 
 of vehicles or foot passengers over any part of a municdpal road, side- 
 walk orbrii^ge, or of impeding tlie free course of water, in connec- 
 tion with sndi works, is deemed to have occasioned an obstruction 
 or nuisance, within the meaning of the two preceding articles. 
 
 389. Whenever such obstruction arises in the course of some 
 work duly authorized by law, by the council, or by the road inspec- 
 tor, under the provisions of any by-law or resolution passed in virtue 
 of article 47G, the same is not deemed an obstruction, within the 
 meaning of those articles. 
 
 390. Whenever any such duly authorized work is in course of 
 execution on any municipal road, side-walk or bridge, excavations 
 and other dangerous places must be pointed out, both by day and 
 night, in such a manner aa to prevent accident, under a penalty not 
 •exceeding twenty dollars, for each day during which the provisions 
 
of this nrtlclo arc contra voned, in addition to any damagcH occa- 
 bioned thereby. 
 
 391. Whoever causes any obstruction or nuisance on any muni- 
 cipal road, side-wall<, ferry or bridge, or renders tlie use thereof dilli- 
 cult or dangerous, incurs lor each offence, over and above the ihuna- 
 ges occasioned thereby, a penalty of not less than two or more than 
 ten dollars. 
 
 392. The road inspector of tlie division nuist make a report to 
 ilie council respecting any encroacliments on the road, side-walks, 
 bridges, and other numicipal public works which are under his super- 
 intendence. 
 
 393. Every road inspector, and every person n lio accompanies 
 him, or who is authorized by him in writing, may, in tlie day-thne, 
 without previous notice, enter upon any land what « er, whether 
 occupied or unoccupied, inclosed or uninclosed, for the purpose of 
 making a survey for any road, or upon any unoccupied land, for the 
 purpose of searching for timber, stone or materials necessary to carry 
 on any public work, by making compensation for actual damage 
 done. 
 
 394. Every road inspector entrusted with the superintendence 
 or direction of labor on any road, bridge, or other public work, may, 
 by himself or by others acting under his direction, and without pre- 
 vious 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, except fruit-trees, maples, 
 planes, and any other trees preserved for ornament. 
 
 395. Such inspector must, as soon as possible, declare on oath, 
 what he believes to be the value of the damage occasioned by the 
 taking of such materials. 
 
 If the amount of damage exceeds twenty dollars, it must be 
 assessed by the valuators of the municipaUty, according to the rules 
 laid down in article 902 and the following articles of the title of 
 expropriation for municipal purposes. 
 
 396. The amount of damage is paid by such road inspector, out 
 of the moneys placed in his hands for defraying the cost of such 
 
« iM'iiiiM Ml atmit-wmnwm 
 
 works, to tlie peison who has suffered the damage, all municipal 
 ♦axes, lines or costs due by such person to the corporation or its 
 officers, being previously deducted therefrom. In default of such 
 moneys, it is payable by the corporation, saving ils recourse against 
 the persons bound to perform such works. 
 
 391. The road inspector may, without being authorized by the 
 council, perform or cause to be perfonned, the works required on any 
 municipal front road, by-road, side walk, or bridge, within the limits 
 of his jurisdiction, which have not been performed in the manner or 
 at the time prescribed by the perrons, 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 i:i the manner or at the time prescribed. 
 
 Nevertheless, the cost of the work performed and the materials 
 f^irnished, in virtue of this article, must not exceed five dollars each 
 • year for each piece of land liable for such work, unless the road ins- 
 pector has previously ser^'ed on the persons liable for such municipal 
 works, a special notice, either verbal or written, enjoining them to 
 perform such work or to furnish the materials required, within a 
 delay of four days, the whole without pfejudice to the penalties or 
 damages incuiTed by such persons, by reason of their default to exe- 
 cute such work or to furnish such materials in the manner and within 
 the delay prescribed by the proch-verbaux.hY the by-law^ or by-law. 
 
 In every case, the road inspector who has performed work or ' 
 caused the same to be performed, or furnished materials, or caused 
 the same to be fui ished, under this article, must, as soon as possi- 
 ble, inform the persons in default thereof, by a special notice, con- 
 taining a statement of the amount due for such works or materials. 
 898. The value of such works or materials, with twenty per 
 cent m addition thereto, maybe recovered by the inspector of roads 
 as a debt due to himself, together with costs against any person 
 bound to perfom such works or furnish such materials, in the manner 
 prescribed for the recovery of penalties imposed by the provisions of 
 this code, 
 
 399. If the road inspector does not comply with the provisions 
 
9 
 
 of article 397, wheu the labor or materials required on any municipal 
 works, in his division, have not been perfomed or furnished in the 
 manner and at the time prescribed, he must repovt thereon to the 
 council. 
 
 400. The council, on such report, authorizes the road inspec- 
 tor to cause the work to be done or the required materials to be 
 xurmshed at the cost of the corporation, by some person selected 
 either by it or by the inspector. 
 
 f J^'^' P'^ "^""^^ ^^^"'^^' ^''''^^ ^'' materials, is p^d on the order 
 01 the road inspector, by the secretary-treasurer of the council 
 and 16 recovered ny the corporation from the persons ui default' 
 with twenty per cent, over and above the amount thereof, and 
 costs in the manner prescribed for the recovery of penalties im- 
 posed by this code. 
 
 402. The amount of any judgment rendered in favor of the 
 road inspector or of the corporation, on any action brought to re- 
 cover the value of the works performed or the materials furnished 
 by either the road inspector or the corporation, and the twenty 
 per cent in addition thereto, together with interest and costs is 
 assimilated to municipal taxes. ' 
 
 403. In every action brought, either by the road inspector or 
 by the corporation to recover the value of such works or materials 
 theevidencf^oftheroad inspector is suflTicient proof, if it is not 
 contmdicted by a witness worthy of belief, in the case where he 
 estanJishes : 
 
 1. That the required formalities have been observed ; 
 furnfshid'' *^' ^'''^' have been executed, and the materials 
 
 3. That the amount claimed is the real value of such works 
 or materials ; vv^iiva 
 
 4. That the defendant is a person legally liable for the same. 
 404 The road inspector must, between the first and fifteenth 
 
 daysof June and October, in:eackyear,!and moreover whenever he 
 is required by the council or mayor : 
 
10 
 
 1. Go over and inspect the municipal ferries, roads, side- 
 walks and bridges in his division ; 
 
 2. Mark down the state in which he finds such ferries, roads, 
 side-walks and bridges, and the works in connection therewith ; 
 
 3. Make note of any person who has neglected to fulfil his 
 obligations, and prosecute him in the name of the corporation ; 
 
 4. Make a report in writting containing the substance of the 
 notes he has taken and the information he has obtained since his 
 last report, on every pubUc work under his superintendence, and 
 futher 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 
 respect of which the same are due, and the owners or occupants 
 of such lands, if known. 
 
 4C5. When a municipal bridge or one forming part of a 
 municipal road, or a bridge over a water-course is destroyed or 
 broken, or whenever the use thereof becomes dangerous, or when 
 the use of the said road becomes difficult or dangerous the mayor of 
 the local municipality in which such bridge or road is situated 
 either in whole or in part, whether such work is a local or a 
 county work, may in cases of urgent necessity, authorize the road 
 inspector or any other person to reconstruct or repair the same, 
 or to make a safe temporary bridge or crossing, at the expense of 
 the local corporation. 
 
 The cost of such work is recoverable by the local corporation, 
 from the persons or corporation who 'are liable therefor in virtue 
 of the law, by-laws or proces-verbaux, in the manner laid down fbr 
 the recovery of penalties imposed by this code ; and the amount 
 of the judgment with interest and costs in assimilated to muni- 
 cipal taxes. 
 
 SECTION IV 
 
 OF RURAL INSPECTORS. 
 
 « 
 
 406. Rural inspectors are bound to do whatever is required 
 
11 
 
 of them, in virtue of the provisions of this code, respecting pnbUc 
 nuisances, clearances, boundary ditches or boundary fences. 
 
 They are bound to superintend all works of construction, 
 improvement or repair, ordered upon local or county municipal 
 M^ater courses, situated within the limits of their divisions, and 
 to take care that such works be performed according to the pro- 
 visions of the law, proces-verbaux^ or by-laws which govern them, 
 unless they are exempted from so doing by an order of the coun 
 cil 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 appointed, to perform all the other duties which 
 are imposed upon them by the provisions of this code or by mu- 
 nicipal by-laws. 
 
 407. The rules laid down in articles 378, 379, 380 and 381, 
 regarding: road inspectors, apply also, mutatis mutandis, to rural 
 inspectors. 
 
 Articles, 382, 383 and 384, are also apphcable to such officers, 
 when joint labor must be done upon water-courscs. 
 
 408. The provisions of articles 397, 398, 399, 400,401, 402 and 
 403, 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 
 person liable for such work, and respecting the recovery of the 
 value of such work apply with similar efiect to work prescribed 
 either under the provisions of this section, or prescribed on muni- 
 cipal water-courses, for the execution of such works by the rural 
 inspector of the division, or by council in the name of the cor- 
 poration, upon the default of the persons hable, and to the recovery 
 of the valne of works executed by such inspector or council. 
 
 409. Whenever the services of a rural inspector are required 
 under the provisions of the four following paragraphs of this sec- 
 tion, in any locaUty situate partly within the hmits of the juris- 
 diction of one rural inspector and partly within the limits of the 
 

 12 
 
 iwral'"*"'""" "' <'"'^" of^-inspectcs „,ay be 
 
 DmvSn;^7,77'''"i"''"'"""'' "'''"" '•<^q"»-edto aclunderthe 
 f/rZ? , 7'' """'^'''« ••"■■'°™P'' ""his section, is en- 
 
 Is wra?' "' "^'^ """ ^■"P'"^"" '" "^'""S the locali- 
 ties as well as n, managing and superintending the works, if he 
 does not perform them himself. ' 
 
 nn.,«'^''"'"''il°\;"«'" '"'"' repaid any necessary outlay and 
 
 iind .'?h '"™* "^ ''™ '*"■ "'"'^^^' "' »">"■ P^I«"'« '^uiBite Lade 
 under the same .orovisions. 
 
 fin/"'Vr\'T.^^'^^^ the person whom the rural inspector 
 finds .n default. If no person is in default, they are paid by the 
 party who demands the services of the municipal officer. In case 
 
 resLTrthr^''"'r'^*'^^'''P^^^ ^y '^' *h^ P^^'t-^ i"te- 
 rested, if they are all in default. 
 
 samJn.rnn?^'1"'^V^' '^"*''^'"^"' '^'^ ^''^ ^^^oveved in the 
 same mann r and with the same rights and privileges as the value 
 of municipal works performed by the road inspector. 
 
 h. .if^^" ^•!'.'''''^^ "^^P^^t^i' whose services havo been required 
 by the municipal council, or for the benefit of the corporluon 's 
 
 rcirz:^^^^^^^ ^^^^^"- ^'^ -"- -^ne;e;! 
 
 412. Every special notice or order given by a rural insnector 
 
 Every order given by a rural inspector is given bv SDecial 
 notice, subject to the provisions of article 228. 
 
 4i5. The rural inspector and any person interested may re- 
 quire from any possessor, tenant ou 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 cl ar'nls 
 boundary ditches boundary fences or water-courses, sahigYh; 
 recourse of such possessor, tenant, or occupant, against thfpro 
 prietor, if any there be. ^ P^ 
 
 414. The rural inspector must, on hpino- nnn,.».;.,,.i c^ I 
 
 _, ,...vti._rtiAeu ior sucn s 
 
jclors may be 
 
 13 
 
 purpose by the mayor or the secretary-treasurer of the local coun 
 ^1, make or cause to be made, at the expense of the corpo at'on 
 htliesnowor.ce, trenches and all other works which are" e' 
 liuired to prevent floods and to facilitate the water in rimning off." 
 
 § I. 
 
 PUBLIC NUISANCES. 
 
 Un.ffl^'''"'""''''"^ "'*»■■ "'='"' animal has been deposited 
 fc dut7J }; """"r"' "■''" " ^ate«»"'^, stream or river, 
 fo'rhonljf," I :"'■'" ">^P«'='°f of *e division, wUh.n twenty, 
 lerb! r,f , ^' u"' '"^''"^ " ^P^""' "»««»• ^i'her written or 
 
 d' t"'. "^ ""'' "'* <"• '*'""» animal 'emoved by 
 
 pe person who deposited it. ^ 
 
 «knlwn' irirtr*!," !""' ,'*?'""'^'* '"* fl'"' <"• dead animal is 
 aknown u is the duty of the rural mspector, within the same 
 
 S'on ' '""' '" "' '""°™'* "' ""= "^P™^'' °f 'he cor 
 
 «& Whoever deposits or causes to be deposited, any fllth or 
 lead animal upon any of the localities mentioned in the p,.eced' 
 hg artic e, incurs over and above anydamages occasioned thereby 
 le.penalties prescribed by article 391. 
 
 S n. 
 
 ed for such b 
 
 CLEARANCES. 
 
 417. The rural inspector, on either the written or verbal 
 Requisition of any owner or occupant of -land in a state of culti- 
 vation, who requires a clearance to be made by his neighbour in 
 irtue. of article 531 of the civil code, must attend at the place 
 habere such clearance i= required, after giving special notice of 
 fight days m writing to -.' - parties interested 
 
 After an examination of the locality, and on proof that such 
 learance is necessary and has been demandet ,by special notice 
 
; i 
 
 14 
 
 in writing, served before the first day of the preceding month of 
 December, he enjoins by written order that within the thirty 
 days next following, all shrubs which are of a nature' to harm the 
 cultivated land within an extent of fifteen feet in depth along the 
 whole line of separation of such lands, and all trees which are 
 found within such extent, casting a shade upon such cultivated 
 land, saving those excepted by law, or reserved for the embellish- 
 ment of the property be cut down. 
 
 418. Whoever refuses or neglects to obey the orders of the 
 rural inspector relative to the clearance, inciirs, without preju- 
 dice to the execution of such orders, a penalty not exceeding two 
 dollars for each arpent in length of such clearance, for the first 
 year, and for every subsequent year a penalty equal to double 
 that of the preceding year, over and above all damages occasio- 
 ned to the cultivated land. 
 
 419. The damages resulting from the refusal or neglect to 
 make the clearance as required by the rural inspector, are 
 established by three experts appointed as follows : one by each of 
 the interested parties, and the third by the two experts so ap- 
 pointed. 
 
 If one of the parties refuses to appoint an expert, he is 
 appointed by a justice of the peace on the demand of the other 
 party. 
 
 § III. 
 
 if: 
 
 BOUNDARY DITCHES. 
 
 420. The rural inspector, upon the written or verbal applica- 
 tion of any owner or accupant who demands the opening up of a 
 boundary dich between his land and that of his neighbour, must 
 visit the localily of such proposed boundary ditch, where, after 
 an examination of the place, and a hearing of the parties inte- 
 rested who have received three days' special notice thereof, he 
 orders the performance of any works which he deems necessary, 
 and determines how and by whom they must be executed. 
 
15 
 
 421. The rural inspector, on the written or verbal application 
 of one of the neighbours who complains of the insufficiency or 
 bad condition of the common or joint boundary ditch or of the 
 part thereof for which his neighbour is liable, must, if it is neces- 
 sary, order the person in default, to deepen, cleanse and repair 
 such ditch or part of a ditch, or to do his share of such work with- 
 in a fixed delay. Such delay must not exceed the time absolutely 
 necessary to perform such work. 
 
 In case the work be not performed within such delay, the 
 inspector may authorize the complainant to do the work himself, 
 the cost thereof to be recovered in the same manner as penalties 
 under this code. 
 
 422. He may, at the same time, order the party complaining 
 to deepen, cleanse or repair that part of the boundary ditch for 
 which he is liable, whitin the same delay, if he finds such part in- 
 sufficient or ii^ bad condition. 
 
 423. Whoever refuses or neglects to comply with the orders 
 of the rural inspector given in virtue of the proceding provisions 
 of this paragraph, incurs, over and above the damages resulting 
 from the defect or insufficiency of his ditches, and without preju- 
 dice to the execution of such orders, a penalty not exceeding one 
 dollar for every arpent in length of such ditch, which he has to 
 make, every fraction of an arpent being counted as an entire ar- 
 pent. 
 
 424. Whoever obstructs or allows any boundary ditch to be 
 obstructed in any manner whatsoever, is liable to a penalty not 
 exceeding one dollar for avery day such ditch is so obstructed. 
 
 § IV. 
 
 Boundary Fences. 
 
 425. The rural inspector of the division, on the written or 
 verbal appUcation of any owner or occupant who demands the 
 construction or repair, or any works necessary for the preserva- 
 tion of a boundary fence between his land and that of his neigh- 
 bour, in virtue of article 505 of the civil code, must visit the boun_ 
 
.'( 
 
 16 
 
 dary in question,where after having heard the interested parties, 
 duly notified thereof by a special notice of three days, and exami- 
 ned the works required, he orders any party in default, whether 
 complainant or not, to construct or repair his boundary fence so 
 that It be good and firm, within the delay determined by such 
 mspector. Such delay must be as short as possible. 
 
 425a. (Added by 36 Vict., ch. 21 s. 11.) In the event of tho 
 works not being executed within such delay, the rural inspector 
 may authorize either the complainant himself or any other person 
 to execute the same, or to cause the same to be executed, and the 
 cost thereof is assimilated to municipal taxes if it is not recovered 
 in the same manner as penalties under the authority of this code. 
 41 Vict. C 18. 
 
 426. The rural inspector cannot order the making, in a rural 
 municipality, of a new fence, or the repairing of an old one when 
 80 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 recei- 
 ved special notice in writting, to such effect, before the first day 
 ot the preceding month of December. 
 
 4^7. Article 423 relative to boundary ditches, appUes also to 
 persons hable for boundary fences. 
 
 El