THE FENCING ACT, 1878.

New Zealand Times, Volume XXXIII, Issue 5443, 6 September 1878, Page 3

THE FENCING ACT, 1878.

By this Bill, as amended by select committee, it is provided that its provisions shall not apply to any native lands except those which have passed throxxgh the Native Land Court, and aro held under memorial of ownership or certificate of title issued by the Court, and aro occupied by Europeans. The Act is to apply to selectors of laud on deferred payments and to agricultural leaseholders. The Fencing Acts of tbo Province of Wellington, 1867 and 1872, are repealed, as well as several li’encing Acts passed at various periods in other provinces. The council of every county is from time to time to appoint for each riding or district of a county as many fit and competent persons, being resident ratepayers within such district or riding, as it shall think requisite, to be insp.-ctor‘of fences ; and are to fix the scale of fees which may be charged by such inspectors for services; but no inspector shall act in any matter in which he shall have a direct personal interest, and in any such case coining before an inspector so interested another-xuspeotor shall act in his place. In all matters referred to any fence inspectors, before entering upon the case in dispute they shall nominate a third inspector of fences resident witUiti the same county, to bo umpire in the case, whose award shall decide the matter in dispute. Every question in relation to the maintenance, repair, and cost of erecting fences, and the description of fence to be erected in any particular locality, shall, in any easo of disagreement, be referred to the decision of two indifferent inspection of fences, with ultimate reference to an umpire appointed by such inspectors. All costs incident to any such reference shall be divided equally between the several parties thereto, and may be recovered from them accordingly. Provided that if either party shall not be satisfied with the determination of such inspector of fences, they shall bo entitled to apply to a Resident Magistrate, in manner herein provided, for the final bearing and determining the question in dispute. What is deemed a sufficient fence within the several provincial districts is set forth in a schedule appended to the Act. Within the ■ Provincial District of Wellington no fence erected after the passing of this Act shall be considered a sufficient fence unless it consists of mortispd posts and four rails, the top rail whereof shall not be less than 4 feet from the ground, or of at least seven strong wires being of not less strength than that known as No. 8 Birmingham gauge, well sti'ained, with a sufficient number of firm straining posts, and having standards where practicable at intervals of not more than 8 feet apart, the top wire being not less than 4 feet from the ground, and when such fence shall be upon iron standards one wooden post being placed in each chain of such fence, or shall, if it be made in any other way, be equal in efficiency to one of such fences. When any stream or ditch, being leas than half a chain in its average width, which does not form a sufficient fence, shall divide two properties, and the owner of the land on one side of the stream ox ; ditch shall, after having given the requisite notice to the owner of tlxe laud on the other side of the stream or ditch, have erected a fence on his own land for half the distance hetween the said properties, and the owner of the land on tlxe opposite side shall have refused or neglected to complete a dividing fence by erecting a fence on his own land for the other half of such distance, then it shall be lawful for the owner of the land who shall have given such notice and erected such fence as aforesaid and his workmen to enter upon the land on tho opposite side of such stream or ditch, and erect or cause to be erected thereon a fence, in continuation of tho fence he shall have erected on his-own land, for the remainder of the distance between his laud and the land on the oppoosite side of the stream or ditch, and connect the said fences in such a way as occasion may require and he may deem most advisable, and ho shall be entitled to recover one-half of the entire cost of such fence from the owner of the land on the opposite side of such stream or ditch. The couxioil of any county or borough may by resolution alter the description of a sufficient fence, and every such alteration shall be publicly notified insouxenewspaper circulated in the distinct once in each of four consecutive weeks. Where asufficient fence has already bean erected under the provisions of any previous enactment, it shall not be necessary until it is x-e-orected to make it a sufficient fence within the meaning of the present Act. Gorse or sweetbx'iar is not to be planted without the consent of the owners and occupiers of the adjoining lands ; and in case of the fence abutting on a public road or reserve or Crown lands, the consent of the proper authority must be obtained before planting gorse or sweetbriar. Any person contravening this provision is liable to a penalty not exceeding £2O. Power is given to construct a fence on a road in order to protect a live fence, with the consent of the board or council having the control of such road, and on the conditions prescribed by such body. Ocoxxpiers of adjoining lands shall be liable to contribute in equal proportions to the construction of a dividing fence. Bunholders in Canterbury and Southland may not he required to fence. If any person erects any fence without giving notice to the owner or occupier of adjoining land, the-latter shall not be liable to pay any portion of tho cost of erecting such fence. If the parties cannot agree the person oivin" notice may proceed to erect the fence within one month, where the land is open land, and within six months when it is covered with standing hush, and -the owner of the adjoining land will be liable for his share. If default is made by one party tlxe other may fence and recover. When a fence is erected on any land, and the lands adjoining thereto are at the time of the erection of such fence either Crown lauds; or native lands held under any tenure and not being in the occupation’of Europeans, then and in such case the purchaser, occupier, or Crown lessee of sxxch adjoining lands in the case of Crown lands, and tho purchaser or occupier of such native land when it comes into the occupation or ownership of Europeans, shall, not later than one calendar month after the time of his becoming the purchaser, occupier, or lessee, as the case may be, after a demand made upon him or notice given as provided, pay to the owner, occupier, or Crown lessee who has erected the fence, one-half of the then value of such fence. Any parson using a fence is liable to contribute towards its cost. Fences erected by mutual consent are to ho deemed sufficient. The maximum price to be paid in respect of one-half of tho actual cost of eroctin" any sufficient fence shall not exceed twenty shillings per chain, except in the case of a fence erected in any borough of tho description mentioned in schedule B, No. 8, of the provincial district of Otago, when the maximum price mentioned above shall not exceed thirty, five shillings per chain ; Provided always that no greater sum shall bo charged for tho erection of any fence than tlxe absolute half of the cost of such fence ; but nothing herein contained shall include any extra cost for clearing bxxsh alon" tho lino of any fence. Half of a dividing fence may bo erected on adjoining laud, Crown tenants may pay interest at the rate of 10 per cent, on half of tho cost of tho erection of any dividing fence, provided that such payment of interest shall not prevent the x-ecovery of the value of the moiety of the cost of siieh fence. Adjoining occupiers aro to keep dividing fences in repair, and to bear tho cost in equal proportion... Any Resident Magistrate may hear and determine any one of the following matters;—Hearing and taking , evidence; and making auy order as to tho erection or repair of dividing fences; deciding upon tho description or kind of fence to bo erected or maintained, or that. in the opinion of the Court ought, to bo erected or maintained, in accord-

.anoe with Act; desermining the date, time, and manner in’which such fence should he erected, and by whom it should be erected or repaired; determining the expense of ei*eoting or repairing any such fence, aud the proportion of such expense to be borne and paid by any person. Nothing in this Act contained shall ho deemed or taken to affect any covenant, contract, or agreement made, or hereafter to be made, relative to fencing between landlord end tenant or between occupiers of adjoin.ng land, or between any other persons whomsoever. The Act is not to apjply to unalienated Grown lands. Fences on Crown lands are to he provided with gates or openings., Pci'sons constructing or repairing fences can enter upon contiguous lands *. Provided always that nothing herein contained shall authorise tlxe entry, for tho. purpose aforesaid, upon any land in crop, or upon auy garden, orchard, plantation, shrubbery, or pleasure ground, without the consent of the owner thex’eof ; or shall authorise any person to cut down, lop, or injure any fruit, exotic, or ornamental tree or shrub without tho special sanction of the aforesaid owner. When a garden, orchard, or crop, &e., is damaged, the owner is entitled to compensation, recoverable summarily before any resident .magistrate or two justices. Power is given to landlords to come in and defend proceedings against his tenant under the Act. In all parts of New Zealand outside of counties wherein the whole of tho Counties Act, 1876, is in operation, the powers hereby granted to county councils shall bo exercisable within road or highway districts, where any exist, by the respective hoards thereof; and where such boards do not exist, the said powers shall be exercised by the Governor. The Governor, by order in council, may prescribe what description of fence shall be deemed a sufficient feuce within the Chatham Hands and any other part of tlxo colony not forming part of any pi'ovincial district, and from time to time may alter such descriptions as may he required.