bound to maintain such road, the excess of work occasioned 6182. Article 840 shall read as follows: 840. Winter roads on land may be laid out beyond their lines in summer, and across any field, enclosure or land in standing timber. If the proprietor of such land suffers damage, he shall be indemnified therefor by the council of the municipality, provided the council and the proprietor come to an understanding thereon; if they do not, the council has the damage assessed by the municipal valuators, the council reserving, however, its recourse against all parties interested in the road for the repayment of the money so expended. These roads cannot, however, be laid out through gardens, orchards, yards or other lands enclosed within quickset hedges, or fences which cannot be taken down or replaced without incurring heavy expenses, unless the consent of the proprietor or occupant be obtained. The municipal council may make by-laws for the purpose of allowing the opening of winter roads across all fields or through all woods, for hauling logs, square timber or cord-wood, provided it be done without causing damage and by complying with the restrictions contained in this article." 41 V., c. 18, s. 32 6183. The following article is added after article 842; "842a. The corporation of every local municipality situated on the river St. Lawrence is bound to lay out and maintain during the winter, within its limits and over half of the piece of water separating such municipality or a portion thereof from another or from another local municipality, city or town municipality, for the purpose of connecting such local municipality with another local municipality or with a city or town municipality, or of connecting two city or town municipalities situated on the bank of such river, every road required by the council of one of such local municipalities or by one of such city or town municipalities; and, on the refusal or neglect of the council of such local municipality, the road may be laid out, made and maintained by the corporation of the local, city or town municipality demanding the same, at the expense and on the responsibility of the corporation in default." 41 V., c. 18, s. 33. 6184. Article 844 shall read as follows: "844. Any road laid out and maintained upon the ice under article 842, may be continued, at the expense of the corporation, liable for such road work, across any field or land in standing timber, except through orchards, yards and grounds enclosed by wall or hedge, to connect the road or the river or other piece of water with any other public road in the vicinity. Every person who, for the purpose of obtaining a supply of ice, makes an opening or a hole in the ice of a river upon which a public road is traced, shall surround such opening or hole by means of a fence or barrier sufficient to prevent any accident, under penalty of a fine of not less than five or more than fifty dollars, without prejudice to the recourse in damages of any person injured thereby." 34 V., c. 68, s. 844; 51-52 V., c 30, s. 11. 6185. Article 847 shall read as follows: "847. The corporation of any town or city municipality, situate on the banks of the river St. Lawrence, is bound to reimburse the expenditure incurred in laying out and maintaining every winter road upon such river, which terminates within a radius of two miles from the limits of such municipality, to the corporation of the neighboring local municipality on the same bank, which has incurred them. If such road passes through a local municipality and is made for the purpose of connecting two town or city municipalities situated on opposite banks of the river St. Lawrence, the corporations of such town or city municipalities, so situated on opposite banks of the river St. Lawrence, are bound to reimburse, to the corporation of the municipality, through which such road passes, the expenditure incurred in laying out and maintaining the whole of such winter road, each paying a share in proportion to the respective amount of the valuation of the property as established by the municipal valuation roll." 34 V., c. 68, s. 847; 41 V., c. 18, s. 34. 6186. The following article is added after article 847: "847a. The corporation of the municipality of the county of Maskinongé is solely responsible for damage resulting from the improper maintenance of the winter roads, on the river St. Lawrence, by the rural and village municipalities included in such county municipality." 36 V., c. 21, s. 28. SECTION IX. AMENDMENTS TO TITLE SIXTH OF BOOK SECOND. OF MUNICIPAL WATER COURSES. 6187. Article 873 shall read as follows: "873. All the work ordered to be done on any county or local municipal water-course is performed under the superintendence and control of the rural inspector of the division through which such water-course flows, or of a special officer appointed for that purpose by the council or board of delegates, who have the control of such water-course. Such special officer is invested with the same powers, subject to the same obligations and liable to the same penalties in relation to the water-course for which he has been appointed as the rural inspector. If such special officer is selected from among the persons interested in the work to be performed on such watercourse, he shall not be entitled to any fee for his services or loss of time, from the parties interested, but he may be paid by the council who appointed him." 34 V., c. 68, s. 873; 39 V., c. 29, s. 14. 6188. Article 877 shall read as follows: "877. No person is bound to perform such work upon any municipal water-course between the first day of November in each year and the thirty-first day of the month of May following, both days inclusive, except on the order of the inspector when such water-course is obstructed by snow or ice or otherwise." 34 V., c. 68, s. 877; 4142 V., c. 10, s. 31. 6189. Article 878 shall read as follows: "878. Articles 757, 758, 759, 760, 761, 762, 780, 781, 782, 786, 787, 789, 790 and 791, respecting municipal roads, apply, mutatis mutandis, to municipal water-courses. Article 793 applies also to municipal water-courses, except, however, those on which the work is regulated by act of agreement. Works of improvement or maintenance on every municipal water-course of the nature of those above mentioned, can be regulated by procès-verbal or by-law, and made by the owners of lands drained either by such river or natural water-course or its tributaries." 34 V., c. 68, s. 878; 41 V., c. 18, s. 35. 6190. Article 884 shall read as follows: "884. Any municipal council, by resolution to that effect, or on the petition of one or more persons interested in the opening, closing, division, construction, or maintenance of any water-course which is or ought to be under its control, requiring that the work to be done on such water-course be regulated or determined, or that the same be closed, must without delay : 1. Call together at one of its sittings, by public notice, the rate-payers interested in the projected work, and if, after hearing them, the council is of opinion that such work should be performed, make a by-law to settle, determined, and apportion the work on such water-course, or 2. Appoint a special superintendent, with instructions to visit the places mentioned in the resolution or petition, to report to the council and to draw up a procès-verbal, if there is occasion so to do, within the thirty days next after his appointment, or within the delay fixed by the council.” 34 V., c. 68, s. 884; 39 V., c. 29, s. 15. SECTION X. AMENDMENTS TO TITLE EIGHTH OF BOOK SECOND. OF EXPROPRIATION FOR MUNICIPAL PURPOSES. 6191. Article 904 shall read as follows: "904. No council of a county or rural municipality can, without the consent in writing of the proprietor: 1. Demolish or injure any house, barn, mill, or other building; 2. Cause a public road to be made through any farmyard or any garden enclosed by a wall, hedge, board or standing picket fence, nor through any orchard or maple grove situated within a radius of four hundred feet of the house inhabited by the occupant of such orchard or grove, nor through any wood-yard, pleasure ground or other improved and enclosed land, being contiguous to and forming the dependence of a country-house or residence." 34 V., c. 68, s. 904; 45 V., c. 35, s. 29. SECTION XI. AMENDMENTS TO TITLE NINTH OF BOOK SECOND. OF APPEALS TO COUNTY COUNCILS. 6192. Article 925 shall read as follows: 925. An appeal lies to the county council from the passing of any by-law made by the council of any rural municipality, except those which merely repeal other bylaws, those which relate to the sale of intoxicating liquors, and those which, before coming into force, must be approved by the municipal electors. The right of appeal can only be exercised within the thirty days which follow the promulgation of the bylaw, and no appeal shall lie from a resolution, even when it is passed in the exercise of the powers conferred by article 460." 34 V., c. 68, s. 925; 39 V., c. 29, s. 2; 41-42 V., c. 10, s. 32. 6193. Article 926 shall read as follows: 926. An appeal lies to the same council from the homologation of any procès-verbal, made by any local council, within thirty days following the notice of homologation given in virtue of article 808, as also from any decision of a local council rendered under article 819, respecting an act of apportionment, within the thirty days which follow such decision. An appeal also lies to the county council upon any refusal to homologate a procès-verbal, by the council of a rural municipality, and the dismissing by the local council, or by its superintendent, of any petition praying for the opening and maintenance of a municipal road, bridge or water-course, or for new provisions respecting their maintenance, within the thirty days following the refusal of such homologation or the dismissal of such petition." 34 V., c. 68, s. 926; 35 V., c. 8, s. 10; 39 V.. c. 29, ss. 2 and 25; 45 V., c. 35, s. 30 ; 51-52 V., c. 30, s. 12. 6194. The following article is added after article 926: “926a. The right of appeal in all cases mentioned in article 926 equally exists when a water-course is in question." 48 V., c. 28. s. 17. 6195. Article 927 is repealed. 41-42 V., c. 10, s. 33. 6196. The following article is added after article 931 : "931a. The county council cannot, however, take the petition in appeal into consideration until after publie notice, of the day and hour of the session at which it will proceed to the examination of such petition, has been given by the secretary-treasurer, or by the warden, in the local municipality from which the appeal comes.” 35 V., c. 8. s. 7. SECTION XII. AMENDMENTS TO TITLE TENTH OF BOOK SECOND. OF MUNICIPAL TAXES AND DEBTS. 6197. Article 941 shall read as follows: "941. Taxes imposed for county purposes, under a procès-verbal, or act of apportionment relating to any procès-verbal or made under articles 490 or 491, are collected by the officers of the local municipalities, in which is situated the taxable property affected, in the same manner as taxes imposed for local purposes. A statement of such taxes must be without delay transmitted to the mayor of the local municipalities or to the persons entrusted with their collection, if such persons are not those whose duty it is, under the control of the county council or the county delegates, to attend to the execution of the procès-verbal, of the act of apportionment, of the bylaw, or of the law. |