FENCING BILL.

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 256, 12 January 1848, Page 4

FENCING BILL.

Be it enacted, by the Lieutenant-Governor of New Zealand, with the advice and consent ] of the Legislative Council thereof, as follows : 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 his land from the land adjoining thereto, and the occupier of the adjoining land shall, after the day of , in enclosing the same, avail himself of the dividing fence, so erected, or 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 tb.e then value of so much of such dividing fence as shall be made available as a fence, to such adjoining land. And to be recoverable summarily. 2. If the person liable to pay the half of the value of such fence as aforesaid, shall not forthwith pay the same on demand, to be made in that behalf in writing, by the person 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 notice in writing to the occupier of the land divided by such fence, may, on the refusal or neglect, of such last-mentioned occupier, for the space of one week to contribute to the maintenance thereof, cause the same to be repaired, and made a sufficient fence, and shall therefore 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 always, that no greater sum shall be recovered under the provisions of this Ordinance, in respect of the making or repairing of any such fence, than one half of the cost of erecting an ordinary three railed fence of split posts and rails. Interpretation. 5. In the construction of this Ordinance, the word " Owner,'" shall betaken 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 term " Sufficient Fence," shall be taken to mean any fence capable of preventing the trespass of cattle.