The Taranakl Herald. NEW PLYMOUTH, MARCH 5, 1859.
The Provincial Gazette of the Bth ultimo contains the Proclamation of His Honor the Superintendent bringing into operation the " Fencing Ordinance, 1858." As every occupier and owner of lan'l in the province deriving title under the Crown is more or less affected by this Ordinance, we proceed to give a brief summary of the leading provisions.
The Ordinance is published at length in a Supplement to the Herald of the 24th of December last. So far as regards the province, it repeals the Colonial Ordinance of 1847 " to encourage the fencing of land" ; and renders the land liable for party fences whether occupied or not. Under the repealed law a man was compelled to hear the whole charge of erecting and keeping in repair a party or boundary fence unless the adjoining land was occupied. Now, the land is liable provided it have an owner, and an occupier of land who may desire to erect a party or boundary fence may compel an occupier or owner of land adjoining to contribute towards it in equal proportion, and the same rule applies to the cost of maintaining and repairing party fences. The proceeding to he taken by the person giving the notice as well as by the person receiving it is illustrated by a series of Forms contained in the Schedule to the Ordinance.
The occupier (if any) of the land fenced against is liable in the first instance for the cost of fencing on the principle that he derives the immediate advantage of the fence, and he is entitled at the expiration of his tenancy to recover from the owner its then value. But'he cannot recover if his term have less than 2 years to run, unless he has Received notice to fence, or if he have not obtained the owner's consent in writing to do so.
Where fences abut on waste lands of the Crown contribution may be recovered on sale of the land from the occupier or owner.
Ample provision is made for meeting the neglect or default to make or repair a fence, and for recovering the amount of contribution towards it. But the Ordinance is not to interfere with special covenants or agreements relative to fencing between adjoining occupiers or owners, or between landlord and tenant.
Arbitration is provided for the settlement of all disputes and matters which under the Ordinance may he referred to arbitration, and awards and decisions made thereunder must be filed at the office of the Registrar of deeds, otherwise they will have no force or effect.
The last section of the Ordinance relates to the institution of proceedings in the Resident Magistrate's Court for the recovery of contributions. Judgments above 40s. obtained against owners of land may be recovered by sale of the land or a portion thereof, should there be no goods or chattels of the defendant of which execution can be had. And claims of like amount against owners of land absent from the province may be recovered by distress and sale of the chattels, or by sale of the land of such owner unless cause be shown to the contrary on a day to be appointed for the purpose. Before granting any such order the Court may at its discretion direct any means to be used within the colony which may seem adapted to inform the person proceeded against of the proceedings pending aga'nst him.
No such order shall be made absolute until the expiration of eighteen months from the' day on which the Ordinance was brought into operation, namely, the Bth of February last.
For fuller particulars, we must refer our readers to the Ordinance itself, as we have found it difficult to give a clear and plain statement of this complicated legislation.
The harque Eclipse, Captain Elliot, arrived early yesterday morning direct from London, T l 6 days out. She left Gravesend on the Bth November, and experienced fair weather throughout the passnge. The intelligence she brings lias been anticipated by the arrival of the inter-colonial steamer. Amongst her passengers, 18 in number, we find the name of the Rev. H. H. Brown, who, we understand, is appointed to the Omata district by the Bishop of New Zealand.
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