' MAN UAL ^■^'^^>^^' FOR THE rSE OF CONTAINING ALSO MONTHLY CALENDAR OF DUTIES Compiled from the latest edition of the Municipal Code (1888) WITH DECISIONS OF THE TRIBUNALS NOTED BY GEORGE W. GOLFER BARRISTER hief Clerk of the Ero^dricial Secretary's Office. QUEBEC: Printed by Elz. Vincent ' 1888. ■.* • • • * . ! •• ■ • *••.•• • ■ • ••••••••• • 4 « • . . J ' t I 1 • FOR THE USE OF lU(;]fTS «i- DIJT/KH OF ROAD d' RURAL IN^rEClOK^, IN RELATION TO I FUR/JO WORKS. K\a'al iiis[)ect(ji"s and roniid-Keopcrs shall entoi' upon the ouile-walkor bridge, or of impeding the free course of water, in connection witli such works, is deemed to ha\'e occasioned an obstruc- tion or nuisance, within tlie meaning of tlie tvv^o preceding articles, S8f^. Whenever such obstruetion arises in tlie course of some vrork duly authorized, by law, 11 by the council, or by tlic road inspector, under the provisions of any Ijydaw or resolution passed in virtue of article 470, the same is not deemed an obstruction, within the meaning" of those articles. 2190. Whenever any such duly authorized work is in course of execution on any nuniicipal road, sidewalk or liridge, excavations and other dangerous ])laces must be pointed out, both by day and night, in such a nuniner as to prevent accident, under a penalty not exceeding twenty dollars, for each day during which, the p?ovisions of this article are contravened, in addition to any daniao'es occasioned thereby. Sli^l. Whoever causes any obstruction or nuisance on any municipal road, side-walk, ferry or bridge, or renders the u.^e thereof difficult or dangerous, incurs for each offence, over and above the damages occasioned therel)y, a penalty of not less than two or more than ten dollars. 41 95. Whenever any filth or dead animal ^has been deposited upon any proptu'ty whatever / or in a Avater-couise, stream or river, it is the du- ty of the rural insj^ector of the 'ed a special notice, either written or verl>al, so to do, to have such filth or dead animal reiuoved l)y the person who deposited it. If the person wlio has deposited such filth or dead animal is unknov/n, it is the duty of the rural inspector, within the same delay, to cause 12 the same to bo removed at the expense of the corporation. 416. Whoever deposits or causes to be de- posited, any filth or dead animal upon any of the localities mentioned in the preceding article, incurs over and above any damages occasioned thereby, the penalties prescribed by article 391. IV Jurisdiction and powers of Road Inspectors 376. Tke road inspector is bound to supe- rintend all work ordered to be done in the cons- tructing, improving or keeping in repair of local or county municipal 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 proch'Verbaux, or by-laws which govern it, un- less 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 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 superintendence of the inspectors of the two divisions. 13 377. Ferries arc also under the superinten- dence of the inspector of the road division, within the limits of which they are situated, unless they have been placed by the council under the su- perintendence of another officer. 378. Every road inspector appointed for a division hah jurisdiction over every person liable to perform the works under his superintendence, whether such person is domiciled within or without the limits of his division. 379. Whenever the inspector of a road dis- trict is for any reason whatever, temporarily incapable of acting, the local council may appoint somef person to replace him during such incapaci- ty ; in default of which the mayor must, during the continance of such incapacity, place the divi- sion under the jurisdiction of another road ins- pector of the municipality, by a written order served on such inspector. Such inspector is not thereby released from the superintendence of the .i vision for which he had been in the first instance appointed. 380. The road inspector,' in so far as re- gards his relations to the county works, whereof he has the superintendence, is an officer of the county council. 380a.{Added by 39 Vic, c. 29, 8,5.) Whe- never a road inspector is personally interested in any work or other matter within his jurisdiction. 14 and neglects or refuses to cxcoute or supply that which he is bound to execute or supply, as inte- rested in such work or matter, the secretary-trea- surer of thelocal municipality wherein such inspe- ctor has jurisdiction, possesses in relation to such inspector tlio same rights, powers and obligati- ons as the inspector himself, in relation to all per- sons interested in the same y/ork or matter. In respect of works to be performed in connnon. the inspector so interested is always in mora, to fultil the obligations attaching to such works. 3D V, C. 29, s. 5. »I9!|. The road inspector of the division must make a report to the council respectijig any en- croachments on the road, side-wallcs, l)ridgcs, and other municipal public works which are under his superintendence. 30 !l. Every road inspector and every per- son who accompanies him, or who is authorized by him. in writing, may, in the day time, without previous notice^ enter upon any land whatever, whether occupied or unoccupied, inclosed or unin- closed, for the purpose of making a survey for any road or upon any unoccupied land, for the purpose of searching for timber, stone or materi- als necossciry to carry on any pu))lic work, by making compensation for actual damage done. 39 1. Every road inspector entrutsted with the superintendence or direction of labor oh any r6ad, bridge, or other public work, may, by 15 hini.self or hy otlieii's acfchig under liis direction and witliout previous notice, enter in the da}^- - time, totlu^ distance of onc^ arpeiit from sucli pub- lic work upon any unoccupied land and take therefrom any materials rerpiisite for such work, except fruit-trees, maples, planes, and any other • trees preserved for ornament. S0#5. Such ins|*ector must, as soon as possi- ble, declare on oatli, Yvdiat ho believes to l)e the value of the damaL''e occasioned by the takini>- of such materials. If the amouiit of damage exceeds twenty dollars, it must be assessed by the ^'aluators of the municipality, according- to tlie rules laid down in article 1)02 and the followino- articles of the title of cxp]'opriation for municipal j)urposes. eSil^. The amount of damage is paid by such road inspector, out of tlie monies placed in his hands foi* defraying the cost of such works, to the pei'son wdio has suffered the damage, all municipal taxes, fines or costs due by such person to the corporation or its ofhcers, being previously deduc- ted therCfrOm. In default of such, moneys, it is j)ilyable by the corporation, saving its recourse against the persons bound to perform such works. 30?'. The road inspector may, without being authoriz^ed by the council, perform or cause to be performed the works required on any municipal front road, by-road, side- walk, or^ bridge, within ■ IC the limits of his jurisdiction, which have not been performed in the manner or at the time prescri- bed by the persons bound to pei'form such works He may also furnish, or cause to be furnis- hed, the materials whicli sliould have been fur- nished for such public works, and which have not been so furnished in the manner or at the time prescribed. Nevertheless, the cost of the work perfor- med and the materials 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 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 prejudice to the penalties or damages in- curred by such persons, by reason of their de- fault to execute such work or to furnish such materials in the manner and within tho delay prescnhQdhyihe2>'^ocesverhaux,hy the bylaws or by law. In every case, the road inspector who has per- formed work, or caused the same to be performed, or furnished materials, or caused the same to be furnished, under this article, must, as soon as pos- sible, inform the persons in default thereof, by a special notice, containing a statement of the amo- unt due for such works ^or|materials. - 17 •108; Tho value of sucli 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 cost? against any per- son bound to perform such works or furnish such materials, in the manner prescriljed for the reco- very of penalties imposed by the provisions of this code. Held: — That in an autioii instituted under act. 398 and 1042, M. C. for the value of work done on a by-road, a justice of the peace residing in a municipality other than the one where the defendant resides, has no jurisdiction, if it does not appear by the record that there is no justice of the peace in tho municipality where the defendant resides, — lambert & lapa* LissE, VI lievue l^yale, 05 . Held : That the Superior Court has jurisdiction to tako cognizance of an action for the recovery of a sum exceeding $2(H) for work done by a municipal corporation on roads, oa the expense of the proprietor notwithstanding Arts. 39S-401' 951 & 1042 N. C. - -Rosa Corporation of St. Cloude de Horton 11. R. L. 520- REPORTS OF INSPECTORS TO COUNCIL, Cost of Works 893. The district road inipector must re- port to the Council all encroachments made on roads, sidewalks, bridges and on other publio works within his district. 18 399. If, the road inspector does not comply with the provisions of article 397, when the labor or materials required on any municipal works, in his division, have not been performed or fur- nished in the manner and at the time prescribed, he must report thereon to the council. 400. The council, on such report, 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 person selected either by it or by the inspector. 401. The cost of such works or materials is paid on the order of the road inspector, by the secretary treasurer of the council, and is recover- ed by the corporation from the persons in default, with twenty per cent, over and above the amount thereof, and costs, in the manner prescribed for the recovery of penalties imposed by this code. Held — That if in an action by a municipal corporation under article 401, to recover from a proprietor the cost of works done on a water course, with twenty per cent over, the defendant plead that there exists no legal prods-veiixd sub- jecting any immovable belonging to him to any water course, and that there exists no legal repartition justifying and authorising any assessment on any immovable belonging to defendant for works done or to be done on any water course, it shall be the duty of the corporation not only to produce fche procis-rerbal, but also to prove the giving of the necessary notices before its drawing up, and if it do not make such proof, the notices shall be considered as not having been given, and the action shall be dismissed, Corporation of Wendover and Simpson vs, Tourville—251i, L. — 47. 40lti Thp aipoyuit of any judgment render- 19 ocl in favor of the road inspector or of the corpora- tion, on any action brought to recover the value of the works performed or the materials furnish- ed by either the road inspector or the corpora- tion, 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 reco- ver the value of such works or materials, 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 ; 2. That the works have been executed, and the materials furnished ; 3. That the amount claimed is the real value of such works or materials ; 4. That the defendant is a person legally liable for the same. 404. The road inspector must, between the first and fifteenth days of June and October, in each year, and moreover whenever he is required by the council or mayor : I ' 1. Go over and inspect the municipal ferries, roads, side- walks and bridges in his division ; 2S) 2. Mark down tlic state in wliich ho finds such ferries, roads, side-walks and bridges, and the works in connection therewith ; 3. Make note of any person who has neglect- ed to fulfil his obligations, and prosecute him in the name of the corporation ; . • 4. Make a report in writing containing the substance of the notes he has taken and the infor- mation he has obtained since his last report, on every public work mider his superintendence, and further stating the arrears of labor unperform- ed or of materials unfurnished, the value in money of such labor or materials, and the penal- ties 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. 405. When a municipal bridge or one form- ing part of a municipal road, or a bridge over a water-course is destroyed or broken, or whenever the use thereof becomes dangerous, or whenever the use of a municipal road becomes diflficult or dangerous, the mayor of the local municipality in which such bridge or such road is situated, either in whole or in part, whether such work is 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. TJie cost of such Works is recoverable by the n local corporation, from- the persons or corporation who are liable thoret'or in virtue of the laws, by- laws or jJroch-vrrhaiU', \n the manner laid down for the recovery of penalties imposed by this code ; and the amount of the judLcment with interest and costs is assimilated to municipal taxes 41-42 V. c. 10. s, 10. • » ' 409. Whenever the services of a rural ins- pector are ref[uired, 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. 410. Every rural inspector, when required to act under the provisions of the four following paragraphs of this section, is entitled to ten cents for every hour employed in visiting the locali- ties as well as in managing and superintending the works, if he docs not perform them himself. He has also a right to bo repaid any neces- sary outlay and costs incurred by him for notices, or other papers requisite, made under the same provisions Such costs are paid by the person whom the rural inspector linds 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 22 common or joint works, they arc paid by all the parties interested, if tliey arc all in default. In case of refusal or contestation, they arc recovered in the same manner and with the same rights and privileges as the value of municipal works performed by the road inspector. 411. The rural inspector whose services have been required by the municipal council, or for the benefit of the corporation, is not entitled to any fee from the latter ; the council may, nevertheless, allow him one. » - 419. 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 order given by a rural inspector is gi- ven by special notice, subject to the provisions of article 228. 413. The rural inspector and any person in- terested 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 e- very obligation imposed upon such owner in re- gard to clearings, boundary ditches, boundary fences or water- courses, saving the recourse of such possessor, tenant, or occupant, against the proprietor, if any there be. 414 The rural inspector must, on being au- thorized for such purpose by the secretary-treasu- 23 rer of the local council, make or cause to be made, at the expense of the corporation, in the snow or ice, trenches and all other works which are required to prevent floods and to facilitate the water in running off. VI FENCES IN GENERAL The Council alone can, by resolution or by By-Law, (460) (475) order and regulate, when in the interest of the inhabitants of the municipa- lity, or of a considerable portion thereof, the aonstruction, opening up, widening, deepening altering, repairing, or maintaining at the expense of the corporation, of all ditches, water-course«, sewers, embankments and fences. 604. To prevent the posting up, or the making or writing of indecent placards, pain- tings, drawings, words or inscriptions, upon houses, walls or fences, and on roads or squares. 6 Id. To oblige the proprietors and ocu- pants of lands to fenc6 the same along municipal or other roads. 613 To enclose at the cost of the corpo- ration, any land recognized as a public cemetery. 647. To prevent the erection of wooden buildings or fences within the municipality, or in any specified part of it. 24 774, The fences which separate any front ' road from any land are at tlie cost and char- ges of the owner or occupant of sucli land, when the same are necessary. But the . establishment of a front road between two ranges or two con- cessions shall in no manner alter the obligations of neighbors, when such road shall be solely at the charge of one of the ranges or of the ranges or of one of the concessions. 47 V. c. 18 s. 6. 775, {As amended hy 41-4^ Vict, c. 10, s, SO. ) Upon any road which runs along the line of any land, one-half of the fence which sepai*ates such road from the land, forms part of the work to be done upon such road, But if a by-road divide a piece of land into two portions, the owner of such piece of land is not obliged to put up more fences along such by- road than he was before the establishment of the- reof. The remainder of the fencing forms part of the work on the by-road. The part of the fences to be made on such by-roads in default of provision therefor in any proch'Verbal or by-law, as the case may be, are determined by the road inspector, in such a man- ner that the position of the neighboring proprie- tor be not more onerous than it was before the establishment of the road 41-42 V., c. 10 s. 30. 776, Every fence required on any muni- cipal road must be well made, and kept in good order according to law. I 25 Held : —That the owner of property through which the municipality opens a front roatl is l)onnd to make the fences separating Jiia porperty from audi front road at his own costw, and that this rule applies to cases as wtll before as since the coming into force of tlie M. C'. — Whitman & The corporation of the Township of Stanl^ridge. 20 L. G. Jurist, 144. Held: That a proems- verbal, homologated [by the board of delegates, which contravents the dispositions of art. 775 is null. Corporation of County of St. John vs Corporation of the parish of Laprairie. Held : That art. 775 M. C authorises the superintendent when drawing up a proc^s-verhal of a road to include therein the half onlyof a fence which happens to be at pul)lic and that the half which remains at the costs of neighbouring proprie- tors is .not subject to the disposition of said proces-verbae Corporation of M. Luc vs. Wing 12 R. L. 540. 836. {As amended by 36 Vic., c. M, s. 27, and by 89 Vic, c. 29, s. 12.) Every owner or occupant of land, situated upon any front road, and all the persons interested in by-roads must, unless it is otherwise provided for by the local council in virtue of article 541, or unless he has been exempted from doing so by the road ins- pector of the council, between the first day of December in each year and the first day of April following, keep all the fences erected by the side of such road, and all the fences, forming an angle with those along the road, to a distance of twenty-five feet, levelled to within twenty-four inches of the ground. This provision does not apply to hedges upright posts, fences more than twenty-five feet distant from the road, nor to those which cannot 26 be taken down or rebuilt without great expense, nor to fences erected in the woods, or within the limits of a village, whether the same be or be not constituted into a separate municipality. Nevertheless the owners or occupants of land, who maintain the fences along any front road, not being that on which they are obliged to work, shall pay to the person bound to maintain such road, the excess of work occasioned by the fact that as such fences cannot be taken down, the person liable for the work on such road has additional labor. «S41. The council has power to fix the time during which persons bound to keep in repair winter roads under the control of the corpora- tion must keep the fences, mentioned in article 836, levelled, in the manner set forth in such article; to compel such persons to put the fences up again ; or to exempt them from taking them down. {By resolution or by-law.) 4T6a. (Added by 48 Vict, c. ^S, s. 9.) To order that fences be made of wire along munici- pal roads at the places which the council shall deem expedient. VII BOUNDARY FENCES. Boundary fences are those which divide two 27 private or public properties adjoining each other —36 V. c. 21. s. 1. 4^5. The rural inspector of the division, on the written or verbal application of any owner or occupant who demands the construction or repair, or any works necessary for the preservation of a boundary fence between his land and that of his neighbor, in virtue of article 505 of the civil code, must visit the boundary in question, where after having heard the interested parties duly notified thereof by a special notice of three days and examined 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 inspector. Such delay must be as short as possible. 495a. In the event of the 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 36 V. c. 21. s. 11—41 V. c. 18. s. 15. 490. The rural inspector cannot order the making, in a rural municipality, of a new fence, or the repairing of an old one when so dilapidat- ed that the cost of repairing it would be equal z' 28 to that of a new one, unless the party bound to do such work has received special notice in writinf,^, to such effect, before the first A-^j of tlio preced- ing month of December. 4S57. Article 423 relative to boundary- ditches, applies also to persons liable for boundary fences — See Ditches 423 44B. No one is entitled to compensation for damages caused upon his land by stray ani- mals if such damages are occasioned by the absence or defect of his boundary fences. Hdd : — That a defendant, to take advantage of art. 443 M. C. and free himself of the damages caused by his animals, must not only prove the absence or defect of the fences of the plaintiff, but alsot hat it is from such absence or defect that the damages have been occasioned ;— that it is the duty of the vlefendant to prove that the plaintiff is buond to fence tlie spot through which the animals have gone out ; — that, when between neighbors, there is a spot which nobody is obliged to fence, both arc responsible of the exit of these animals at this spot. -Lacosse & Delorme, VI litviic Mgaky 210. 504. {Civil Code L. G.) Every proprietor may oblige his neighbour to settle the boundaries between the contiguous lands. The costs of so doingare common : those of the suit in case of contestation are in the discretion of the Court. 505. (C. C, L. C.) Every proprietor may oblige his neighbour to make in equal portions or at common expense, between their respective lands, a fence, or other sufficient kind of separat- 29 ion according to the custom, the regulations and the situation of the locality. VIII ' DITCHES. V 773. Ditches, small drains and bridges of less than eight feet span form part of the munici- pal roads on which tliey are jsituated. Pits, precipices, deep waters and other dan- gerous places, which must be filled up or protec- ted in such a manner as to prevent accidents, form also part^of the roa ' s on which they are situated. 771. Every road must have, if it require it, on each side thereof, a ditch properly constructed and having sufficient width and fall to carry off the water of the road and of the adjoining lands, and as many small drains as are necessary, communicating from one ditch to the other. 772. If, in order to convey the water from off any road, it is necessary to make^any water- course upon the lands bordering upon such road, such watercourse is regulated by a prochverhal drawn up in accordance with the provisions of ar- ticle 884, and is constructed and kept in repair either by the persons liable for road work upon 80 such road, or at their expense, or by the owners or occupants of the lands, the waters whereof pass oft* or should pass off by such water-course, according as it is provided in the proems verbal. 884. Any municipal council, by resolu- tion to that effect, or on the petition of one or more persons interested in the opening, closing, division, construction, or maintenance of any wa- ter-course which is or ought to be under its con- trol, asking that the work to be done on such wa- ter-course be regulated and determined, or asking .that the same be closed, must without delay, 1st; call together at one of its sittings, by public no- tice, the rate-payers interested in the projected work, and if, after giving them a hearing, the council is of opinion that such work should be performed, make a by-law to settle, determine, and apportion the work on such water-course ; or 2ndly, appoint a special superintendent, with in- structions to visit the places mentioned in the reso- lution or petition, to report to the council and to draw up &proch-verbat, if there is occasion to do so, within the thirty days next after his appoint- ment, or within the delays fixed by the council. 39 V. c. 29. s. 15. (1) Held: — That there is nothing in the law to oblige landowner to contribute to the works of a water-course by the sole fact of being in the neighbourhood. He is bound to such works only under the three following conditions: 1. That his land be drained by this water-course ; 2. By reason of his land drained ; 3. In the proportion established by the special superintendent, ». e., in the proces-verhal. — Corporation of Berthier vs, Gu^vremont^ 29 L, C» Jurist 223. 31 475. To order and regulate, when in the interest of tlie inhabitants of the municipality, or of a considerable portion thereof, the construc- tion, opening up, widening, deepening, altering, repairing, or maintaining at the expense of the corporation, of all ditches, water-courses, sewers, embankments and fences. Every by-law made in virtue of this article, concerning a water-course, governed by an act of agreement, or by a proces-verbal, has the effect of subrogating the corporation in the place and stead of the persons bound to work at such water- -course, in so far as the obligation to do such works is ct cerned. Held: — The flooding of a house caused by the overflow of water from heavy rains which should be carried of by the public drains, renders the municipal council liable for dam ages. — Boucher i'^. Mayor Aldermen & Burgesses of the City of Montreal. IX BOUNDARY DITCHES. 430. The rural inspector upon the written or verbal application of any owner or occupant who demands the opening up of a boundary ditch be- tween his land and that of his neighbour, must visit the locality of such proposal boundary 82 ditch, where, after an examination of the place, and a hearing of the parties interested wlio liave received tlu'ee days' .special notice thereof, he or- ders the performance of any works wliieh he deems necessary, and determines liow any the corporation to reco- ver the value of such works or materials, 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 ; . ^ 2. That the works have been executed, and the materials furnished ; 3. That the amount claimed is the real value of such works or materials ; 4. That the defendant is a person legally '' liable for the same. 404. The road inspector must, between the first and fifteenth days of June and October, in each year, and moreover whenever he is required by the council or mayor : 1. Go over and inspect the municipal ferries, roads, side-walks and bridges in his division j 20 2. Mai'k down tlic .state in wliicli he finds such ferries, roads, side- walks and bridges, and the works in connection therewith ; 3. Make note of any person who hasne<,dect- cd to fulfil his obligations, and prosecute him in the name of the corporation ; 4. Make a report in writinj^^ containing the substance of the notes he has taken and the infor- mation he has obtained since his last report, on everypublic work under his superintendence, and further stating the arrears of labor unperform- ed or of materials unfurnished, the value in money of such labor or materials, and the penal- ties and costs remaining unpaid, specifying the lands in respect of which tue same are due, and the owners or occupants of such lands, if known. 40«S. When a municipal bridge or one foi;m- ing part of a municipal road, or a bridge over a water-course is destroyed or broken, or whenever the use thereof becomes dangerous, or whenever the use of a municipal road becomes difficult or dangerous, the mayor of the local municipality in which such bridge or such road is situated, either in whole or in part, whether such work is 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 works is l-ecoverable by the 21 local coi'pomtion, iVoin tlie porsons or corporation who arc liable tlujn'i'or in virtiK' of th(» laws, by- laws {)X j)rotT,s-verlniJL>\ ill tlH> manner laiaiit oi' such ]an;ility opens afioiifc road is oound to make tl'.c fences eepaiatin^jj his povps rty from such front road at his own eost.s, and that this rule a])[)lieH to eases as well hcjforo a.s f-inoc the coming into force of the M. C -. — Wiiitman & Tlio corporation of tho Township of Stunbridge. i.*G L. C. Jurii^f, 144. II (Id: That a proces-vcrhal, homoh^gatcd 'l)y the board of delegates, -which contravents the dispositions of art. 775 ia null. Cor))Oi'atioii of Counly of St. John ?'.s Corporation of the parish of La prairie. Hdd : That art. 775 M. C. authorises the sui)erintendent when drawing up a proci'^-rcrhal of a road to include thei'cin the half onlyof a fence wliich happens to be at ])ublic and that the half which remains at the costs of neigh])ouring proprie- tors is .not aubjcct to the disposition of said j/rocts-rcrbae Corporation of M. Luc r.s', ^Mng I'J R. L. 540. 8516. (As amended hy SG Vic, e. 21, s. 27, and b?/ 39 Vic, c. 20, s. 12.) Every owner or occupant of land, situated upon any fi'ont road, and all the persons intei'ested in Ly-roads mu?5t, unless it is otherwise provided for by the local council in virtue of article 541, or unless he has been exempted from doing so b}^ the road ins- pector of tlie council, between the first day of December in each year and tho first day of April following, keep all the fences erected by the side of sucli road, and all llie fences, forming an angle witli those along tlie road, to a distance of twenty-five feet, levelled to within twenty-four inches of tlie ground. This provision do^\s not apply to hedges upright posts, fences more than twenty-five feet distant from the road, nor to those which cannot 26 ' be taken down or rebuilt without great expense, nor to fences erected in the woods, or within the limits of a village, whether the same be or be not constituted into a separate municipality. Nevertheless the ownei's or occupants of land, who maintain the fences along any front road, not being that on which they are obliged to work, shall pay to the person bound to maintain such road, the excess of woi-k occasioned by the fact that as such fences cannot be taken down, the person liable for the work on such road has additional labor. «S41. The council has power to fix the time during which persons bound to keep in repair winter roads under the control of the corpora- tion must keep the fences, mentioned in article 836, levelled, in the manner set forth in such article; to compel such persons to put the fences up again ; or to exempt them from taking them down. {By resolution or by-laiv.) 470a. {Added by i8 Vict, c. 28, s. 9.) To order that fences be made of wire along munici- pal roads at the places which the council shall deem expedient. VII BOUNDAEY FENCES. Boundary fences are those which divide twp \ 27 private or public propertie ; adjoining each other —36 V. c. 21. s. 1. , 4^5. The rural inspector of the division, on the written or verbal application of any owner or occupant who demands the construction or repair, or any works necessary for the preservation of a boundary fence between his land and that of his neighbor, in virtue of article 505 of the civil code, must visit the boundary in question, where after having heard the interested parties duly, notified thereof by a special notice of three days and examined 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 inspector. Such delay must be as short as possible. .... 495rt. In the event of the 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 ia not recovered in the same manner as penalties under the authority of this code 36 V. c. 21. s. 11—41 V. c. 18. s. 15. 496. The rural inspector cannot order the making, in a rural municipality, of a new fence, or the repairing of an old one when so dilapidat- ed that the cost of repairing it would be e(jual 28 » to that of a now oiio, unless 11 lo party bouinl to do such work has received special notice in writin<^^, to such effect, befm-e the first y his animals, must not only prove the absence or defect of the fences of the plaintiff, but alsot liat it is from such absence or defect that the damvagcs have been occasioned ;— tliiit it is the duty of the defendant to prove that the plaintiff is buond to fence the spot through wJiich the animals have gone t)nt ; — that, when between neighbors, there is a spot v*']iich nol)ody is obliged to fence, both are responsible of the exit of tliese animals at this spot. -Lacosse & Deloiime, VI Reruc Li'galc, 210. 504. {Civil Code L. C.) Every proprietor may oblige his neighbour to settle the boundaries between the contiguous lands. The costs of so doingare common : those of tlie suit in case of contcstfation are in the discretion of the Court. ^<5. (C. C, L. C.) Every proprietor may oblige his neighbour to make in equal portions or at common expense, between their respective lands, a fence, or other sufficient kind of separat- 29 ionaccordino- to tlio custom, the regulations and the situation of the locality. VIII DITCHES. 775B. Ditches, small drains and bridges of less than eight feet span i'orin part of the munici- pal roads on which tliey are |Hituated. Pits, precipices, deep waters and other dan- gerous places, Avhich nnist be filled up or protec- ted in such a manner a^ to prevent accidents, form also part^of tlic roads on which they are situated. 771. Every road must have, if it require it, on each side thereof, a ditch properly constructed and having sufficient width and fall to carry off the water of the road and of the adjoining lands, and as many small drains as are necessary, communicating from one ditch to Jhe other. 77^. If, in order to convey the water from off any road, it is necessary to make any water- course upon the lands bordering upon such road, such watercourse is regulated by a proch-verhal drawn up in accordance with the provisions of ar- ticle 884, and is constructed and kept in repair either by the persons liable for road work upoa 30 such road, or at their expense, or hy the owners or occupants of the lands, tlic waters whereof pass ott' or should pass off by such water-course, according as it is provided in the proems verbal. 884. Any municipal council, by resolu- tion to that effect, or on the petition of on© or more persons interested in the opening, closing, division, construction, or maintenance of any wa- ter-course which is or ought to be under its con- trol, asking that the work to be done on such wa- ter-course be regulated and determined, or asking that the same be closed, must without delay, 1st; call together at one of its sittings, by public no- tice, the rate-payers interested in the projected work, and if, atter giving them a hearing, the council is of opinion that such work should be performed, make a by-law to settle, determine, and apportion the work on such water-course ; or 2ndly, appoint a special superintendent, with in- structions to visit the places mentioned in the reso- lution or petition, to report to the council and to draw up Q.proces-verhal, if there is occasion to do so, within the thirty days next after his appoint- ment, or wdthin Jlie delays fixed by the council. 39 V. c. 29. s. 15. (1) Held: — That there is nothmg in the law to oblige landowner to contribute to the works of a water-course by the sole fact of being in the neighbourhood. He is bound to such works only under the three following conditions: 1. That his land be drained by this water-course ; 2. By reason of his land drained ; 3. In the proportion established by the special superintendent, i. e., in the j>fOccs-verhal. — Corporation of Berthier vs, Gu^vromont, 29 L, C, Jurist 223. 31 4:7«(. To order and regulate, wlien in the interest of the inhabitants of the municipality, or of a considerable portion thereof, the construc- tion, opening up, widening, deepening, altering, repairing, or maintaining at the expense of the corporation, of all ditches, water-course.«, sewers, embankments and fences. Every by-law made in virtue of this article, concerning a water-course, governed by an act of agreement, or by n 2)i'oL'hi-verbal, has the effect of subrogating the corporation in the place and stead of the persons bound to work at such water- -course, in so far as the obligation to do such works is concerned. Held: — The flooding of a house caused by the overflow of water from heavy rains which shouhl be carried of Ijy the public drains, renders the municipal council liable for dam ages. — Boucher rs. Mayor Aldermen & Burgesses of the City of Montreal. IX' BOUNDARY DITCHES. 4^0. The rural inspector upon the written or verbal application of any owner or occupant who demands the opening up of a boundary ditch be- tween his land and that of his neighbour, must visit the locality of such proposal boundary 32 ditcli, wliove, after an cxamiuatioa of the place, and a lie}irin;4*of the parties interested who have received tlircc; days' spt'cial notice tliereof, ho or- ders the performance of any v.orks which lie deems necessary, aiial — that a negatory action is the recourse granted hy law to guarantee oneself against tho judgment of an i)ispector who lias conunittcd an injustice whether in form, l)y not proceeding according to law, or in fact.by ordering useless and expensive works which are liable to cause damages. 4^1. The rural inspector, on the written or verbal application of one of the neighbors who complains of the insufficiency or bad condition of the connnon or joint boundary ditch or of the part thereof for which his neighbor is liable, must if it is necessary, order tho person in default, to deepen, cleanse and repair such ditch or part of a ditch, or to do his share of such work within a fixed delay. Such delay nnist not exceed tho time absolutely necessary to perform such work. In case the work be not performed within such delay, the inspector may authorize the com- 49 RURAL CALENDAR Being an enumeration of the several acts, ofeitations, eunctions and dates in the administration or government of a municipality, under the munici- PAL CODE. \ JANUARY. > MUNICIPAL ELECTIONS.— Take place every year, on the second Monday in the month of January. Art. 292. The office of municipal councillor lasts three years. Art 277, except in the cases of articles 116 and 279. - ,, The required qualification is four hundred dollars. ArL 283. One year after the first election, the electors shall chose two councillors during two consecutive years, and three every other three years. Art. 279. The President of the election is appointed by the local council ; if no President is appointed, the Secretary Treasurer is ex ojfficio the presid- ing officer of the election. Art. 296. Within the three days next after the close 50 of tlio election, tlie olficer pre.sidin*;* Uiust givo to eneh ot* t1io eouncillors elected, .s|)eciul notice of liis election. Arf. IU)2. And within eight days, same notice to the Warden or to the Secretary Treasurer of the county council. Art. 803. If a poll has been held, he dolivt-rs up within the said (lelay of eight days, the poll hooks at the otHce of the local council. Aii. 304. OATH. — Before entering into duty, the councillors elected must make oath. Art. 108. MAYOR. — At the first session after the election, the councillors appoint a Mayor. Art. 330 The Mayor must be able to read and WTite. A/t335. ' . ' So soon as the appointment of Mayor has been made, the Secretary Treasurer must give a special notice of the fact to the Warden of the county Art. 331. The meeting for the election must be held at the place where the local coimcil holds its sessions, and at the hour of ten in the forenoon. Art 307. The Mayor ujust take oath of office. Art. 333. 51 The local council hoMs its sessions, on tho first Monday in every month, except in the case ot'((/'^ Oil, which permits to the council to limit the number of general sessions to not less than four in the year. Art. 287. Four members form a quorum of the council. Art. 289. The notice for a special session or for an adjournment, must be given to the members of the council, at least two days before the day fixed Art. 290, MUNICIPAL REPORTS.—Every year dur- ing the month of January, the Secretary Trea- surer must forward to the provincial Secretary, the report mentioned in art 1G8. SALE OF LANDS.— In each year, before the eigth day of the month of January, the Secretary Treasurer of the county council must prepare a list of all the lands subject to sale for municipal taxes, from the statements transmitted to him by the Secretaries of the local councils. Art. 998. Said list is accompanied by a public notice setting forth that such lands are to be sold at public auction on the first Wednesday of the month of March next and published in the Quebec Official Gazette, and in one or more news papers during the month of January, A7tt 998-999. 62 SECRETARY TREASURER — Appointed by the council within thirty days after the entry into office. Art. 142. The Secretary Treasurer remains in office during the pleasure of the council Art. 143. ' He must make oath and give security. Art 144. He may appoint an Assistant-Secretary Treasurer, who has the same powers as himself ; the'assistant must make oath. art. 145. The Secretary-Treasurer is bound to render, during the month of January in each year, a de- tailed account of his receipt and expenditure up to the thirty first day of the month of December preceding, art. 166. The Secretary-Treasurer of the local council is bound yearly, between the first and thirty first days of i January every year to transmit to the Pro- vincial Secretary the return required by art. 168 ; and the Secretary of the county council, the state- ment required by art. 168a. REPORT.— The provincial registrar, must transmit during the month of January in each year, a list of the public lands for which letters patent have been issued during the preceding year, to the Secretaries of the county municipali- ties in which such letters patent have been issued. ArtlU. 58 8. The proclamatioii of the Lieutenant Gou- verneur erecting a territory, forming a village municipality, into a town municipality, must be published in the Official Gazette of the province and comes into forces on the first day of the month of January after it has issued Art. 69. A copy of it must be sent to the office of the county council, and another to the office of the council of the village municipality, which has been erected into a town municipality. The secretary-treasurer of such municipality must give public notice of the issuing of the pro- clamation immediately on receipt of a copy thereof. 74. Every town or village municipality may be annexed to another adjoining local municipality in the county, by proclamation of the Lieutenant- Gou vernor Art. 74. 75. Such proclamation comes into force on the first day of January following the date of its issue. Art. 75. 106. The secretary-treasurer is bound to render, during the month of January in each year, a detailed account of his receipts and expenditure up to the thirty-first day of the month of December preceding, and he is also bound to render such account oftener if required by the council. Art 41-42 Vict, c. 10, s. 10. 54 FEBRUARY. EXAMINATION OF ACCOUNTS.— The auditors are bound to make an examination of all the accounts of the corporation in the month of February. Art. 176. VALUATION.— In the counties of Gasp^ and Bonaventure the valuation roll must be drawn up in the months of February and March. Art. 716. MARCH. COUNTY COUNCIL.— Is composed of all the Mayors in office of all the local municipalities in the county. Art. 246. The general sessions are held on the second Wednesday in each of the months of March, June, September and December. Art. 259. WARDEN.— During the month of March, the Mayors appoint a Warden chosen amongst themselves, who presides over the county council. Art. 248. For the quorum see art. 256. The notice of special sessions and of adjourn- ments to be given at least ten days before. Art 260. COUNTY DELEGATES.— The county dele- 55 gates are appointed during the month of March and are three in number. Art. 261. The Warden ise^ officio one of the county de- legates, except in the case mentioned iin articles 263 and 264. Art. 262. Every local council must appoint, in the month of March in every second year : lo Three valuators. 2o A road inspector for every division in the mucipality. 3o A rural inspector for every division. 4o As many pound keepers as it deems neces- sary Art. 365. The qualification for valuator is four hundred dollars. Art. 374. He makes oath. Art. 366. The council must also appoint one or two auditors in the month of March. Art. 173. They make oath and they must know how to read and write Art. 176 SALE OF LANDS.— On the first Wednesday of the month of March in each year, the Secre- tary Treasurer of the county council, sells the 50 lands upon which arrears of taxes remain due, Art. 998. Such sale to be hold at ten o'clock in the forenoon free of auction fee, sec. 1, chap. 58, C. ^. Jj. VA « {As amended by 47 Vict, c. 18. 6\ 9.) If at the time of the sale no bid is made, or if all the lands advertised cannot be sold on the first Wednesday, in March, the sale must be adjourned to the fol- lowing or any other day within eight days, in the manner set forth in the last provisions of the preceding article. Ai't. 1003 Nevertheless if on the first Monday of March the proceedings of the sheriff on the sale have been discontinued, the secretary- treasurer may sell the land in the usual manner. Art. 1017. No land sold in default of payment of taxes, under the authority of the provisions of this title, can be resold under the authority of the same provisions in the month of March of the follow- ing year. Art. 1021. ELECTORAL LIST.—In each year, from the first to the fifteenth day of March, the Secre- tary Treasurer of every municipality, except in Cos. of Gasp^ & Bonaventure, is bound to make in duplicate the alphabetical list of all persons, who accordinof to the valuation roll then in force in the municipality, for local purposes as appear electors on account of real estate owned or occupied 57 by them in the municipality ; 88 Vict. chap. 7 sec. 12. A duplicate of saivl list shall be kept in the office of the secretary for the information of all parties interested therein, same chapter, section 20. He shall at once give notice of said deposit sect. 21. The municipal (Council may within thirty days from date of said notice, examine the list and make corrections thereto. 89 Vict. chap. 13. The Council before examining the list will cause a public notice to be given of the hour and day when such examination will commence : 38 Vict., sect. 30. After the revising of the list a duplicate of it is deposited into the archives of the Council, the other duplicate is transmitted to the registry office. APRIL BY-ROADS.— The works of keeping by- roads are given, each year to the lowest tenderer, by the road inspector after public notice in the month of April for the period included between the first day of May and the thirty first day of October inclusively. Art. 828. FENCES. — Fences levelled along winter roads may be re-erected before the l.st day of April. 58 MAY. APPORTIONMENT.— Before the fifteenth day of May the Secretary-Treasurer of the Coun- ty Council is bound to make an apportionment of the taxes to be leviod upon the local munici- palities of the County. Art. 940. LICENSES. — Tavern licenses expire on the first day of May every year. 41 Vict., chap. 3. REPORT.— During the month of May every railway company except such as are mentioned in Art. 712, must transmit to the office of the Council a return showing the actual value of their real estate in the municipality. Art. 720 JUNE. ROADS — Every year, between the first and fifteenth day of June, go over and inspect the works in his division, make a report in writing, to the Council, of the works performed and of those remaining to be performed. Art. 404. Noxious weeds on municipal roads must be cut down and destroyed between the twentieth day of June and the tenth day of July in each year. Art. 778, as amended by 51-52 Yict., VALUATION.— In the months of June and July in each year the valuators must draw up a valuation roll of the property in the municipality. art. 716. 59 MUNICIPAL WATER COURSES.— Must be kept in good order for the whole period be- tween the first day of June and the thirty first day of October following, art. 875. The rural inspector must between the first and fifteenth days of the month of June in each year and thereafter until the month of Novem- ber following visit the water courses under his superintendence, art 870. The provincial Secretary must compile an- nually, in the month of June, from the returns- transmitted to his office in conformity with art. 168, the statement required by art. 979. JULY. VALUATION ROLL.— Every third year, during the months of June and July, the valua- tors must draw up a valuation of the property in the municipality. There is an exception for the counties of Gasp^ and Bonaventure, in which the valuation roll must be drawn up in the months of Febi'uary and March, art. 716. The local Council shall in the months of June and July in any year in which a new vualua- tion roll is not made, shall revise and amend the valuation roll in force for local purposes only Art. 746. GO Tho valuators must deposit the valuation roll in the office of the Council within the prescri- bed delay. — Such deposit cannot he made after the prescribed delay has expired. So soon after such deposit is made, the Se- cretary-Treasurer must give public notice thereof. art. 732. The local council must within thirty days next after the above mentioned notice, art 734, is given revise the valuation roll. Before the local Council proceeds to the exa- mination of the roll, it must make known by pub- J|c notice, the day at which he will begin the same. art. 736. The Secretary-Treasurer and the Mayor are bound to forward to the office of the County Coun- cil and to the Provincial Secretary within ten days after the expiration of the thirty days men- tioned in article 734, a certified copy of the valu- ation roll as it then stands, art. 739. The County Council must during the month of September following examine all the valuation rolls made in the municipalities of the County, transmitted to his office and establish a propor- tion between said rolls, art. 740. Every valuation roll comes into force after the thirty days fixed for its examination and jremains in force until the next voV nrt 7 42, 61 In making the valuation roll valuators must also act in view of the voters list. In the Counties of Gaspd and Bonaventure, the Secretary-Treasurer of every municipality is bound to make a list in duplicate of qualified elec- tors (See march vevho Electoral List. AUGUST. BUILDING FUND.— In the old districts every local municipality pays to the Collector of Inland Revenue, on the first judicial day in the month of July in each year the yearly contribu- tion by sec. 15, of chap. 109, C. S. L. C, and in the new districts, during the month following that during which the Criminal Court was esta- blished. However said municipalities by complying with sec. 16 may avoid such contribution. JURY LIST.— By the 46 Victoria, chap. 16, see* 5, the Secretary-Treasurer is bound, during the month following the adoption of the valua- tion roll, to draw up and deliver free of charge to the sheriff' an extract of the valuation roll, containing^the names of all persons who may act as grand and petit juries. By section six he is also bound, during the month following the examination of the roll, to cause to be delivered to the sheriff* a supplemen- tary list containing the names of persons who since the transmitting of the last extract or of the 62 previous supplementary list have died, or ceased lobe (|ualiticd to act as juries, By section 14, the municipal Council must examine and approve said extract previous to its delivery by the Secretary to the sheriff". This disposition affects only the municipali- ties situate 1 within thirty miles from the seat of the district Court. Sec G. (See the amendments to statute 48 Vict,, chap. 17) GRAND JURIES.— In towns or cities of a population of at least 20.000 souls, a person, to be a grand juror must own real estate to the value of over three hundred dollars, or be a tenant of innnoveable property of an annual value of more than three hundred dollars. In the Counties of Gaspd and Bonaventure, to be a grand juror, a person must be a proprietor to the value of one thousand dollars or a tenant for 1000 dollars. In the other parts of the province and within a radius of thirty miles from the seat of the Court, a person must be proprietor of real estate to the value of more than two thousand dollars or a tenant of innnoveable property of an annual value of two hundred and fifty dollars. SEPTEMBER. The County Council must, during the month of September, in the year wherein the new valua- tion rolls are made, examine all the valuatioD G3 rolls niado in the local nuinicipalities of the County, >vhich have h^en forwarded to his ofHce, and fix a proportion between all those rolls. Art 740. Said rolls serve only for county purposes. The local council shall in the months of Sep- tember and October in any year in which anew, valuation roll is not made, revise and amend the valuation roll in force, for local purposes only in the judicial districts,of Gaspe, Riniouski, Kamou- raska, Montmagny, Chicoutimi, and Saguenay. art. 740a.' OCTOBER Between the first and the fifteenth of Octo- ber the road inspectors must eacli in his respec- tive division go over and inspect the public roads and works completed and in completion and make a report of his inspection, in writing, to the council, art. 404. It is the duty of the Secretary-Treasurer of every local council, to make a general collection roll each j^ear during the month of October, art, 954 Work of repairs on by-roads, are publicly given out to the lowest tenderer during the month of October for the period included between the 1st day of November and the thirty first day of April next inclusively, and in the month of April G4 for the parisli included Imtwocu the firsfc day of May and the thirty tirst (hiy of October inclusive- ly- The council may by resolution order that such work shall be f^iven out for the wliolo year art. 828. NOVEMBER. ARREARS OF TAXES.-The Secretary- Treasurer must prepare in the course of the month of November in each year, a statement showing the names of all persons indebted towards the corporation or its officers for municipal or school taxes, art. 371 Such statement must be submitted to the council and approved of by it. art 372. No person is bound to perform work upon any municipal water course between the first day of November and the thirty first day of the next month of May art. 877. 371. The secretary-treasurer must prepare in the course of the month of November in each year, a statement showing in as many separate columns : 1. The names and qualities of all persons in- debted toward the corporation or sits officers for municipal taxes, as set forth in the valuation roll, if they are entered therein ; 2. The amount of all municipal taxes re- maining due to the corporation by each of such perHons or by persons unknown ; 8. The amount of municipal taxes due by eacli of such persons to the officers of the council; 4. Tlie amount of seliool taxes due by each of such persons to the period of the drawing up of such statement, if a statement of such ari*ears has been lodged in time in the office of the coun- cil by the secretary-treasurer of the school com- missionners or trustees ; 5. 'J^he expenses of collection due by such p ersons ; 6. The description of all real estate liable for the payment of the taxes mentioned in such statement ; 7. The total amount of taxes and costs affect- ing such real estate for municipal or school pur- poses ; 8. The reason for which such sums were not collected ; 9. All other information required by the council and all remarks connected therewith. 877. (As amended by 41-4^ Vic, c. 10, s. SI) No person is bound to perform work upon any 66 municipal water-course between the first day of November in each year, and the thirty-first day of the month of May foUowinor both davs inclu- sive, except when such water-course is obstruct- ed by snow or ice, or otherwise, and on the order of the inspector. DBOBMBBR. The Secretary-Treasurer, if he receives an order to that effect from the Council, must before the twentieth chiy of December in each year transmit to the office of the County Council a statement of the arrears of taxes due to the cor- poration, art. o7'l CLE ARAN CES. He who requires a clearance from his neighbour, nuist prove that he has served unto said neighi)our a j^ecial notice to that effect before the first day of the month of December art. 417. He who requires a new fence must give notice to that effect before the first day of December art. 426. Along the public roads all fences must be kept levelled down to wathin 24 inches of the ground from the first day of December to the first day of April next. art. 836. 07 WINTER ROADS.— aie laid out before the Hist of December in each year by tlie road ins pectors. ai't. 832. COUNCILLORS. The councillor.s mentioned in paragra})hs 1 and 2 of article 279 must be selected! by lot in the month of December preceding the month of January in which they must be replaced art 280. ' . " OATH. Any oath required by the provisions of this code may be given before any Warden, Mayor, Secretary-Treasurer, or Justice of the peace within their respective ten'itorial Jurisdiction, art. f> The oath may also be give before a council- lor accordino- to, art. 98. - 1 1 I ■'<««! • *■ t 1 » " » • • •»% 'o". ( « INDEX Duties of Road & Rural inspectora .*{ Nuisances 8 Fines & Penalties 9 Jurisdicsion & powers of Road Inspectors 12 Reports of inspectors 17 Fences in general 23 Boundary fences 2(i Ditches 29 Boundary ditches 31 Clearances 34 Pound-Keepers 41 Rural Calendar 49 Oaths 67