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Fencing Ordinance 1862 (Disallowed)

6. The Fencing Ordinance 1862.

Title. Preamble.

1. Repealing Clause.

2. Interpretation of the word “fence.”

3. Notice to be given of inention to make fence.

4. Conract as to fence to be made by Giver and Receiver of notice within forty- four days.

5. Each Occupier to bear one-half of cost of fence.

6. Fence to be made or agreed upon as decided.

7. Penalty for default.

8. Cost of fence: when to be recovered from Owner by Occupier.

9. The same provisions to hold good with regard to mainaining of fence.

10. Value may be recovered of fence already made.

11. Power of entry given.

12. Upon the notice given live fence abutting may be rimmed, and costs recovered.

13. Sale of waste lands of the Crown provided for.

14. Power given upon default of Owner or Occupier to re-make or repair any fence brought under provisions of this Ordinance.

15. Such fence to be repaired as apportioned.

16. Cost of repairing under this Ordinance to be recoverable.

17. Amount of default to be recovered from Owner, if no Occupier of land.

18. Disputes: how to be settled.

19. Notice to be publishedd when no Owner or Occupier of land.

20. Two or more Justices then to decide and apportion.

21. Nothing herein contained to affect agreement already made.

22. Or, Purchasers or Occupiers except from the Crown.

23. Decision of Magistrates to be final.

24. Moneys: how to be recovered.

25. Any amount of judgment not liquidated, to be first charge upon land in question.

26. Case of land held under lease abutting on land granted.

27. Reserves duly made to be dealt with as held under Crown Grant.

28. Ordinance: when to come into operation.

29. Title.

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 18th November 1862, and assented to by the Superintendent on 3rd December. The Ordinance was disallowed by the Governor. See Proclamation in the New Zealand Gazette, No. 14, 21st April 1863, page 140. Also, see “The Fencing Ordinance 1863

The full text of this Ordinance was not included in the Volume of Ordinances published by Charles Lucas, the Official Printer of the Canterbury Provincial Government.