THE FENGING ACT.

Waikato Times, Volume VIII, Issue 484, 26 June 1875, Page 3

THE FENGING ACT.

The Amending Act wbicK, comes intoXtfperation on July Ist provides that notioe may be seV^ed upon a person sought to be charged' with a share of the making or repairing of a dividing fence, or upon his a^ent, and if t^e whereabouts of either the principal or agent cannot be ascertained, or he shall be absent from the piwqacef-and SbavV no agent, the notice shall be publis^S^-kast^^aiii^e nearest newspaper. Clauses B£rc, and 12 afthe original Act wereto thefollowing effect: BeneficiXoccupiers were Jiable in the first instanca for making any fence, to contribute towards repairs, and, where there was no beneficial occupier, the owner was liable. Clause 4 of Amending Act strikes <jut the-wordj.'beneficial." Clauses 18, 19, 20, and 22*o$tlie A&t of rl^S are repealed. The clauses provided that^the amount to be levied exceeded £10, and there ware no goods to levy on, part of the land might be sold by public auction, at a price not less than the upset price of Crown Land of the -aarajs description.; that a conveyance by the Reside.n^Magistratefehould vest %he land so sold in fee simple ; and that th«/bwner or occupier making a dividing fence n ight make a ditch or bank on the adjoining land, but could not injure the existing fence. The 21st clause of the original Act defining substantial fences is repealed, but* leaves untouched alb rights, -debts, $nd legal fences previously existing \ider the former Act. Two persons are to be elect^cl at eacn^annual meetin<r of ratepayers, to act as fence viewers^ foX fcho ensuing year. The Superintendent may apgpnt such offic&m^£bere no Road Board exists -OTwhere a Bifctrd Jkil§ to .elect them. Fence'viewers cannot act in matters in which tfa^ey h^mea tH^rec^personal interest, No person is allowed3R^araMui»V<gor3e, or sweetbriar upon ahprfftclary withow the 'consent/of his neigh bou^or abutting upon any'pi^ic^Dad or wastj^nds of the Crown, without the sanctioji of the!Distrlct Board, or of a fence- viewer where l\b board exists. No greater sum can be received from any person under the Act as his contribution towards the cost of a'*4j|nce than the. actual cost of erection or repair, nor tyore than 30s per chain, unless the parties shall have agreed in wricing for i larger sum. Waste lands of the O6wn contracted -to be sold or grunted are subject to the provisions of the Act. Fence-vie¥(ers may be called in where disputes arise, and nc/tic^hall .be given^ to the other party. The Act ao.es not afiect native lands. If any person shall neglect ■ to carry out the order of the fence-viewer within one month from the 'date of it, the other side may complete the fence, at^d levy contributions upon the defaulting party.

The following are the fences authorized: — 1, A stone wall not more than 4ft Gin in height, exclusive of the coping, and not less than 2ft Gin in width at base. 2. Posts of wood or iron standards not more than 9ft apart, or not more than 18ft apart with ties or spreaders with six wires, of not less diameter and weight per too. than the wire commonly known as No. 8 wire, or with five of such wires and one rail of wood, or four of such wires with two rails of wood. 3. Posts or iron standards with ditch and bank, and three wires of similar diameter to that specified under last preceding clause of this schedule. 4. A post and threerail fence. 5. A post and two-rail fence with bank and ditch. 6. A bank and brush fence sft high in all, and ditch bank, to be planted with whitethorn, osage orange, kangaroo, acacia, or verment damson, planted not more than 9 inches apart; but this fence shall not be erected except by mutual consent. 7. A bank faced or topped with stone sft high with ditch. 8. A double ditch and bank. The bank to be lft 6in wide at base, and to be built of five layers of sods of Bin each in height. On the top o bank 18in of brush, as previously specified, or a post and one rail fence. Posts to be at least sin in length, and to be at least 18in high abovo top of bank. A paling fence not less than sft high, with posts and t»o rails. 10. Any other description of fence mutually agreed upon by the persons interested.