FENCING.

Waikato Times, Volume X, Issue 801, 4 August 1877, Page 2

FENCING.

A Bill intituled an act to regulate tho erection and maintenance of dividing fences is now before the^ Assembly. It is not intended to apply to native lands, and repeals amongst other Acts, the Provincial Fencing Laws Empowering Act, J 874, and the Auckland Fencing Act, 1855, the Fencing Act 1855, Amendment Act 1874, and the Fencing Acts Suspension Act 1874. It defines what is a substantial fence, either as against vail cattle,- except sheeep, and specially against- sheep. It forbids the planting of go'rse for hedges m towns and villages, or within a mile of such, or m country districts, without the consent of the adjoining neighbor. An owner or occupier planting thorns on a boundary line, may protect by placing a dead fence on his neighbors side of the plants, and' on his neighbors 'ground, and may charge such fence to his neighbor, but not ! to a greater cost than 30s per chain. Planting on a road-boundary, the ; owner may erect a protection fence on the public road, provided it is not placed more than 5 feet from his own boundary line, and leaves a width of street for public traffic, of not less than 22 feet. Erecting and repairing ordinary dividing fences' is made a joint charge on either owner or occupier. Notice of intentiou to fence on a dividing boundary line" must be given m . form . provided by the Act, and if parties cannot agree as to the nature of the fence, the person giving the other notice, may proceed to the erection of a sufficient fence, as defined by the Act, and recover half cost of the same from his neighbor. The following clauses (22 and 23) are so important that we give them m full, affecting as they do purchasers or occupiers of waste lands and private property : — 22. In the event of any adjoining lands being Crown lands at the time of the erection of any fence within the meaning of this Act, the puychasei', dflqupier, or Grown lessee of such adjoining lands shall, not later thau three calendar months after the time of his becoming the purchaser, ocoupiei, or lessee, after a demand made upon him or notice given as provided m the last foregoing section but one, pay to the owner, ooGupjer, or Crown lessee who has erected the fence one-half of the then value of snch fence. 23. If any owner or oooupier of land shall, at any . time after the passing of this Act, make use of or avail himself of any sufficient dividing fence erected or made before his acquiring such land or entering into occupation thereof respectively, 'towards the erection or making of which no assistance equal to one moiety of the original cost of such fence shall have been given by such person or any former owner of occupier, he shall be liable to pay one moiety of the then value thereof, or of so much thereof as shall be available as a fence for his land, to the owner or ooou|>ier of the land divided by such fence from his land, less the va.ue of the assistance originally given to the . construction of such fence. Iv making a fence, the half of it may be made on adjoining- land, even if belonging to «he Crown — adjoining occupiers must conjointly keep dividing 1 fences m repair, and procedure for compulsion to do so is provided, jn the &U, In the Vor

covery of moneys under the Act, the cases will be heard m the Resident Magistrate's Courts, or Courts of Petty Sessions. Persons constructing fences, are empowered to enter on contiguous lands.