TUESDAY, SEPTEMBER 10, 1895. FENCING.

Opunake Times, Volume III, Issue 124, 10 September 1895, Page 2

TUESDAY, SEPTEMBER 10, 1895. FENCING.

The question of fencing between European and native lands has always been on a very unsatisfactory footing. The Fencing Act, -which is now before Parliament, will, if it passes the Upper House, prove a little more satisfactory to settlers, especially in this district. Clause 3 provides : This Act shall apply : (1.) To all lands owned by natives, the title to which has been determined by the Native Land Court, and to all lands vested in the Public Trustee under " The West Coast Settlement Reserves Act, 1892," or otherwise in trust for natives ; and, also,

(2.) To all lands held by natives under their customs or usages, or reserved for their use, the right to which has not been determined, but which are leased for the benefit of those concerned.

(3.) For the purposes of this Act, the Public Trustee shall be deemed to be the owner of all lands vested in him as aforesaid, provided that he shall not be personally liable under this Act. The following proviso has been introduced : " Provided any County Council or any Road Board may prohibit the erection of any fence composed of barbed wire on the boundaries of any public road unless the lowest barbed wire of such fence be placed not less than two feet six inches from the ground." Any person desiring to compel any other person to contribute to the erection of a fence under this Aot, must serve a notice on him to fence. Such notice shall specify the boundary to be fenced, the kind of fence proposed to be erected, its length, and the estimated cost thereof per chain. If no objection is lodged withiu 21 days he shall be deemed to have agreed to such proposal. Clause 87. (1.) Any notice under this Act to be served on any person may be served —(a) Either personally or by leaving the same at or posting the same in a registered letter to such person's last known place of abode or business in New Zealand; or (b) If such person is unknown, or after due enquiry cannot be found, or is absent from the colony, then by similarly serving the notice upon his known agent or attorney; or (c) If there is no known agent or attorney in the colony, or such agent or attorney cannot after due enquiry be found, then by publishing a copy of such notice in a nowspaper circulating in the neighborhood of the land to which the notice relates, and affixing a copy of the notice upon a conspicuous part of such land, or on some public road adjacent thereto. (2.) It shall not be necessary to prove the actual receipt of such notice by the person to whom it is addressed. Where the land is covered with bu3h, the person erecting such fence may clear six feet on each side, and add the cost of such clearing to the cost. Gorse may not be sown without the consent of occupiers of adjoining land. Under a penalty of twenty pounds persons are forbidden to sow sweetbriar, bramble or blackberry upon or alongside any boundary fence.

The following are legal fences : Schedule a (4.) A substantial wire fence, having not less than seven wires tightly stretched, or six wires with a top rail, or barbed wire, with or without battens or lacing affixed to the wires between such posts; posts of durable wood or iron, well and substantially erected, the posts or standards to be not more than 9ft apart, top wire not to be less than 3ft 9in from the surface of the ground; and the wires to be not lighter than No. 10 in steel or iron. The space between each of the three bottom wires, or the bottom wire and the ground, not to exceed sin. (5.) A substantial wire fence, having not less than seven wires tightly stretched, or six wires with a top rail or barbed wire, with battens not more than 6ft apart, the wires being stapled or let through such battens, which shall be of durable wood or iron, well and substantially erected ; the posts or standards to be not less in number than three to the chain ; the top wire not to be less than 3ft 9in from the surface of the ground, and the wires to be not lighter than No. 10 in steel or iron. The space between each of the three bottom wires, or the bottom wire and the ground, not to exceed Sin. The Act, if passed, is to come into force on Ist January next.