THE FENCING BILL, 1877.

New Zealand Times, Volume XXXII, Issue 5112, 11 August 1877, Page 2 (Supplement)

THE FENCING BILL, 1877.

A Bill entitled an Act to regulate the erec- . tion and maintenance of dividing fences has been introduced by the Hon. Mr. Reid. Its short title is " The Fencing Act, 1877." It is not to apply to native lands. It repeals a number of Acts and Ordinances enumerated in a schedule appended to the Bill. What is deemed a sufficient fence is any substantial fence of any of the kind 3 described in a schedule, except 03 against sheep. Where a sufficient fence has already been erected, under the provisions of any previous enactment, it is sufficient. Any sufficient fence shall be deemed to be sheep-proof if it be a close fence, or if it be of any kinds described in the schedule ; but no open fence shall be deemed to be sheep - proof if the interstices thereof exceed the measurements given in the schedule. Ordinary and sufficient fences may be converted into sheep-proof fences, and the occupier of adjoining land be made to contribute half the expense. Ditch and bank fences and gorse hedges are forbidden in towns, and gorse is not to be planted without the consent of the neighbors. The owner of a gorse fence must keep the road clear of it, and provision is made for giviDg notice to occupiers of adjoining lands to clear gorse from roads and streets. Each occupier on either side of the road is to clear the half width. The trimmings of hedges, &c, are not to be thrown into the road. Where the owner or occupier plants a thorn hedge on the boundary between his and his neighbor's land, he may may make fences to protect it, and may call on the adjoining owner to contribute half the coat, provided it does not exceed 30s. per chain. Power i 3 given to construct a fence on a road, so as to protect a live fence. Runholders in Canterbury and Southland may not be required to fence. Provision is made for notice to fence being given. If the parties cannot as<ree, the person giving the notice may make the fence, and call upon the other to contribute half the cost. If default is made by one party, the other can fence, and recover. A party using a fence must contribute towards its cost. In cases where a stream or ditch dividing two properties does not form a sufficient fence, the owner on either side, after giving the requisite notice, can make a sufficient, fence, and charge the other with half the cost. Wheroa creek or river forms the natural boundary of contiguous lands, but is not capable of resisting the trespass of cattle, the occupants on either side may come to an agreement as to a line of fence to be erected; and in the event of their not agreeing it shall be competent for either party to call in the nearest Resident Magistrate, or any other Magistrate whom they may agree to select, who shall decide the matter. An owner or occupier in making a ditch and bank fence, dividing one property from another, may erect half of such dividing fence on the adjoining land. Adjoining occupiers are to keep the dividing fence in repair. A mode of procedure is provided to compel contributions to the repair of dividing fences. Jurisdiction is given to the Justices and Resident Magistrates to adjudicate on matters arising under the Act. It is provided that nothing in this Act contained shall affect any covenant, contract, ov agreement, relative to fencing between landlord and tenant or between occupiers of adjoining land, or between any other persons whomsoever. This Act is not to apply to unalienated Crown lands. When any person erects fences on Crown lands he must provide them with gates or other openings at such places as are thought necessaryj and in default be liable to a penalty of V 620, and the Crown Lands Commissioner may have such gates, &c, made at the expense of the defaulting party. Persons constructing fences may enter upon contiguous lands. Power is given to a landlord to come in and defend proceedings taken against his tenant under the Act.

The description of a sufficient fence within the meaning of the Act is—l. A fence of posts and rails, the posts to be not less than 4ft. Gin. high from the surface of the ground, the tipper rail to be not less than 4ft. Bin. from the ground, of substantial material, firmly erected with no greater distance between the rails or the bottom rail and the ground than 9in, unless there be a wire inserted between the

rails and the posts not more than 9ft. asunder. 2. A substantial paling fence at least 4ft. in height, with no greater distance between the palings than 4in. 3. A substantial wire fence at least 4ft. in height, having not less than seven wires tightly stretched, and the posts or standards or binding wires of which are not more than Bft. from each other. 4. A bank or wall of substantial materials at least sft. in height, of which the slope is not more than one foot from the perpendicular. 5. A close hedge or live fence at least 4ft. in height, and which shall be proved to be capable of resisting the trespass of cattle. 6. A log fence not less than sft. high from tho surface oftheground, substantiallybuiltof logs ortrunks of trees laid horizontally, the top log not being less than 6in. in diameter, and properly secured. 7. A fence at least sft. in height, composed of logs and chocks, the logs not exceeding 18ft. in length between the chocks, and the chocks of no greater thickness than will leave an opening of Ift. between each log, and between the bottom log and the ground. 8. A combination of any of the above-mentioned fences at least 4ft. in height. 9. A ditch not less than 6ft. broad, with a bank or any fence or combination of the above-mentioned fences on either side thereof, the top of which shall be at least sft. 6in. from the bottom of the ditch, and 3ft. 6in. above the level of the ground, and where the slope of the bankon the ditch side thereof is not more than 1 in 3, and the slope of the ditch on the bank side not more than lin 2. 10. A ditch not less than 4ft. in width and 2ft. in depth, with a bank and wires not less than 3ft. 6in. in height; the wires to be tightly strained, with not more than Sin. between the wires, and 6in. between the bottom wire and the bank, and the standards or binding wires to be not more than 9ft. apart. 11. A natural stream, ditch, or watercourse, not less than 7ft. broad at the top and 4ft. broad at the bottom, and not less than 3ft. 6in. deep, with a stream of water running in it, and with a bank with a slope of not more 'than 1 in 3, or any fence or combination of the above-mentioned fences on either side thereof being not more than 9in. from the edge of the ditch, and the top not being less than 2ft. above the level of the ground. 12. Any barrier of any description which, from its height, strength, and character, shall be proved to be as effective as any of the .fences herein described. What constitutes a sheep-proof fence is thus defined :—A wire fence as described above in No. 3, of seven wires, with no greater distance between the ground and the bottom wire than 6in., and the same distance between the I bottom wire and the sixth, and the sixth and [ the fifth, and no more than 6Jin. between the fifth and the fourth, and 7|in. between the fourth and the third, and BJin. between the third and the second. Any sufficient open fence, the interstices of which shall not be greater than as herein last mentioned. Any sufficient combination of fences, provided that, in all fences where post-and-rail or wire are erected on any bank, the rail or wire nearest the top of the bank shall be deemed to be the bottom rail or wire of the fence, and the measurements hereinbefore given in respect of the spaces between the wires of such sheepproof wire fences must be measured from the top of the bank.