FENCING BILL.

New Zealander, Volume 3, Issue 138, 25 September 1847, Page 1 (Supplement)

FENCING BILL.

Be if enacted, by the Lieutenant-Gorernor of, New Zealand, with the advice and conseijt,' of. the Legislative Council theieof, a? follows I— . Cost of erecting dividing-fence, to be borne by adjoining owners, 1. If any person shall heretofore have erected, or shall hereafter erect, a sufficient Fence, dividing bis land from the land adjoining thereto, and the occupier of the adjoining land shall, alter the 1 day of , in enclosing the same, avail himself of the dividing Fence, so' erected, or of any part thereof, he shall be liable to pay to the owner of the adjoining land; by whom the dividing-fence was erected, or to the then owner of such land, the half of the then value of 60 much of such dividing-Fence as shall be made available as a Fence, to such adjoining land. And to he recoverable summarily. 2. If the person liable to pay the hajf of the value of buch fence as aforesaid, shall not forthwith' pay the same on demand, to be made in that behalf in writing, by the penon to whom the same shall be payable, the amount payable in respect of such fence shall be recoverable in a summary way, before any two Justices of the Peace. Expense of repairs to be borne in like manner. > 3. When any such dividing-fence shall be out of repair, and become insufficient, any occupier of adjoining land, having given noticejin writing i to the other occupier of the land divided by such fence, may, on the refusal or neglect, of such' | la*t- mentioned occupier, for the space* of one week to contribute to the maintenance thereof* cause the same to be repaired, and made a suffi« cient fence, and shall thetefore be entitled to recover from such adjoining occupier, one half of the cost of repairing such fence, in a summary way as aforesaid. Limitation of amount* 4. Provided aIM ays, that no greater sum shall be recovered under the provisions of this Ordinance, in respect of the making or repairing qf any such fence, than one half of the cost of erecting an ordinary three railed fence of split posfs and rails. Interpretation. 5. In the construction of this Ordinance, the word «« Owner", shall be taken to include the tenant in fee-simple — a tenant in tail — a tenant for life — and a tenant for any term of years > not being less than seven years. And the terns 'Sufficient Fence', shall be taken to mean any fence capable of preventing the trespass of cattle.