ANALYSIS OF FENCING ACT.

New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 680, 7 January 1854, Page 4

ANALYSIS OF FENCING ACT.

Clauses 1 and 2 provide the Act may be brought into force by proclamation of tbe Superintendent in any Town or District of tbe Province, and that the Fencing Ordinance, Session 8, No. 8, sball cease to operate. 3. Payment of party fences erected before passing of this Act. 4. If any person shall use his land, or permit it or any part of it to be used, for the puipose of depasturing Cattle or other animals thereon, and shall not have erected a fence sufficient to protect the adjoining land from trespass by such Cattle or other animals, such person shall be considered as availing himself of the dividing fence, and be liable to contribute to the erection and repair thereof accordingly. 5. If any person after the passing of this Act, and before the Proclamation declaring it lo be in operation in any Town or District, sball within such Town or District have erected a sufficient fence dividing his land from the adjoining land, the owner of the land adjoining shall be liable to pay the owner of the land who shall have erected such fence, half the falue thereof, { or of such part of it as shall serve as a dividing fence between their respective lands. 6. Any owner of land not having a party fence may require owner of adjoining land to assist in making tho same in equal proportions. 7. If the owner of such adjoining land, or his agent, shall refuse or neglect for days to assist in making, or having commenced, sball not use diligence in completing such dividing fence, after a requisition as aforesaid shall have been given to him, or left for him at his usual or last known place of abode, or shall not give to the owner who shall have made such requisition, a sufficient excuse for not having complied therewith, it shall be lawful for the owner who shall have given or left such requisition, and who shall have made or erected his share of such dividing fence, to complete, or contract with any person to complete, the other portion of it, and it shall be lawful for such lastly before-mentioned owner and bis servants, or the person contracting with him to complete such fence, if either of them shall see fit so to do, to enter into and cut upon the land of the owner so neglecting or refusing as aforesaid, all such timber or other native trees (excepting suclTas stall have been planted or preserved for shelter or ornament) and materials as shall be necessary for _ completing such fence, 1 and without being liable for any action or suit for trespass in so doing. The owner who sball have neglected or refused to, or whose agent shall b,ave neglected or refused to assist in making or completing such dividing fence, shall be liable to pay to the owner of the land who shall have completed the same, half of the costs of erecting or making the whole dividing fence. 8. Where party fence erected adjoins Crown land, payment to be claimed from purchaser. 9. Cost of repair of party fence to borne in equal proportions. 10. Notice to be given of repair, and in case of neglect, owner giving notice entitled to recover costs of repair. 11. In case of injury by felling timber or fire, owner of adjoining land not to be called on to make good. 12. No fence except 3 rail fence sufficient, all streams a chain wide a sufficient fence. 13. When the owner of any land who shall have erected, or shall be desirous of erecting, a fence dividing his own from the adjoining land, cannot after due enquiry ascertain who is the owner of such adjoining land, or when the owner of any adjoining land sball be absent from tbe Province, or when such' owner or his agent cannot be found, it shall not be necessary for the owuer so having erected, or being desirous of erecting, a dividing fence as aforesaid, to give or leave to or for the owner of such adjoining land, any requisition to make or assist in making or repairing such fence, but he may proceed to

erect, or complete, or rep'nir such fence, and shall have power lo enter upon the adjoining land to procure material for making, and be entitled to recover half of the value of making, completing, or repairing the same fence, or any portion thereof, in like manner as if such requisition as aforesaid had been given to',, and received by, the owner of such adjoining land. 14J Amount to be recovered half the fair contract price of 3 rail fence. ' 1"5. All sums recoverable by summary proceeding. 16. Amount recoverable by distress within two years. - t 17. Tn case any part of ,tbe amount to be recovered shall remain unpaid for the space of two years, the amount due, together with legal interest' thereon, fifom the time at which such amount shall, have been awarded, and all expenses incurred, and to be incurred in recovering the same, shall be leviable by sale of a sufficient portion of the land against the owner, or in respect of which such amount shall have been awarded, and such sufficient portion shall be set out by the Resident Magistrate, or any two Justices of the Peace having jurisdiction within the district, upon requisition to be made to him or them by the party entitled to receive the amount 1 to be recovered. Such land shall be sold by the Resident Magistrate having jurisdiction in the district by Public Auction, and shall be put up at a sum not less than the upset price of Government land in the neighbourhood. 18. Conveyance of land so sold by two Justices of the Peace sufficient title. 19. Disputes as to costs of fence, &c, to be settled by arbitration. 20. Act not to apply to Natives. 21. Interpretation.