BILLS BEFORE PARLIAMENT.

Tuapeka Times, Volume XIII, Issue 643, 23 June 1880, Page 3

BILLS BEFORE PARLIAMENT.

SECOND NOTICE.

" The Fencing Act, 1880." This Bill has been introduced by the Hon. Mr Whitaker. It consists of 42 clauses and repeals, a Jiong other Acts and Ordinances, an Ordinance to encourage the fencing of land (1847) ; the Fencing Laws Empowering Act (1874); and the Fencing Ordinance Otago (1872.) It provides that it shall not apply to Native or unalienated Crown lands, but shall apply, to selectors on deferred-payments or agricultural leaseholders, and that Crown tenants may pay interest on half the COSt of erecting fences. Clauses 7to 26 inclusive deal with the construction and maintenance of fences. Clause 7 defines 1 what shall be deemed a -sufficient fence ; and' clause 8 provides that where a fence exists at the passing of the Act' it need not be made sufficient under the Act, until reerection. Clause 9 provides that adjoining occupiers shall share the cost pf fencing, no occupier being liable to contribute to any fence not continuous. Clause 10, notice to fence to be given in terms of the schedule, and (clause 11) objections to, be disposed of by the Resident Magistrate under clause 34. (By section 34, where the fencing notices given by the occupiers to each other vary, the Resident Magistrate is to decide.) Clause 13 : If the parties cannot agree, the party notifying may fence j. and (14) if default is made by one party, the other may fence and recover. Clause 15 : The occupier to whom notice is given, or the occupier at the time, shall pay one-half the original value within one month after demand. Clause 16: Where the adjoining lands are Crown or Native lands, the first occupier thereafter Bhall pay the said half-cost. Clause 17 : Occupiers using the fence shall pay half the cost of so much of the fence as he uses. Clause 18 provides for the erection of fences other than those in schedule A— viz., the party wishing the fence may, after notice, erect the same and recover one-half the cost of a sufficient fence, not exceeding (clause 19) 20s per chain exclusive of the cost of clearing bush, or within a Borough 35s per chain. Clause 20 : Bush may be cleared for 6ft. on the line of fence, the cost to be deemed part of the cost of the fence. Clause 21 : In case of a stream or ditch which does not form a sufficient fence, after notice, the land may be entered and made sufficient, and the party so doing shall recover half cost. Clause 22 : Where a river, creek, &c, forms a natural boundary, the occupiers may agree on a boundary, failing which the matter shall be settled by the Resident Magistrate, also the compensation (if any) to be awarded. Clause 23 i Half the dividing fence may be on the adjoining land, and posts are to be on the boundary line. By clause 24, persons using a fence on the further side of the road, shall be liable to pay the interest on half the cost. Gorse or sweet brier is not to be planted (clause 25) without consent of the adjoining occupier. Power is given (clause 26) to construct a fence on roads to protect live fences. Clauses 27 to 31 refer to repairs of fences, enacting that adjoining occupiers shall keep dividing fences in repair. Clause 28 prescribes the procedure to compel contributions to the repair of dividing fences. Clause 29 provides for a contribution where the fence is destroyed by accident, but by clause 30 the loss is to fall on the party whose negligence has caused the accident. Clause 31 ; Right of action is reserved against parties for reckless or negligent use of fire. Clauses 32 to 42 are classed as " miscellaneous." By clause 32, interest is recoverable. 33 : Moneys are recoverable from the party on whom notice has been served, or the party defending. 34 : Empowers Resident Magistrates to determine all questions under the Act, 35 : Proceedings are to be enforced summarily under the Justice of Peace Act, 1866. By 36, the Act is not to interfere with agreements, By 37, f enoes on Crown lands are to be provided with gates or openings, &c, under a penalty of L2O. By clause 38, persons- constructing fences may enter upon contiguous lands, where not orchards, gardens, &c. But by clause 39, compensation shall be recoverable for damage done to such orchards, gardens, &c. Clause 40 prescribes the mode of recovering compensation b,ef ore the Resident Magistrate, the sum awarded being, with costs, summarily recoverable. By clause 41, the landlord is empowered/ to appear and defend proceedings, against his tenant under th,e Act, and clause 42 repe.als the several enactments mentioned at the outset of the present analysis.