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Fencing Ordinance 1866 Amendment Ordinance 1867

8. The Fencing Ordinance 1866 Amendment Ordinance 1867.

Analysis. Preamble.

1. Manner of delivery of Notice.

2. Form of Notice.

3. Repealing Clause as to second Section.

4. Repealing Clause as to Twelfth Section.

5. Ordinance to be part of Fencing Ordinance 1866.

6. Title.

Whereas it is expedient that certain parts of “The Fencing Ordinance 1866”

should be repealed.

Be it therefore enacted by the Superintendent of the said Province with the advice and consent of the Provincial Council thereof as follows:

1. Manner of delivery of Notice.

From henceforth it shall not be lawful to send the notice in writing mentioned in the second Section of the said Ordinance through the ordinary course of post as mentioned in the said Section but such notice shall be either delivered personally as mentioned in the said section or left at the usual or last known place of abode in the Province of Canterbury of the person or persons to whom by the said Section such notice is either to be delivered personally or sent through the ordinary course of post or shall be delivered to the attorney or agent in the Province of Canterbury for such person or persons.

2. Form of Notice.

The notice in writing required to be given by the second Section of the said Ordinance may be to the effect set forth in the Schedule thereto without beig in the exact form set out in such Schedule.

3. Repealing Clause as to second Section.

That part of the second Section of the said Ordinance commencing with and inclusive of the words “and in case such person or persons shall refuse or neglect” to the end of the Section is hereby repealed except where any notice has been already delivered under the said Section and in lieu of the part of the said Section so repealed the following words shall be substituted that is to say— and in case such person or persons shall refuse or neglect to assist in the making any such Fence for the space of one calendar month or to assist in repairing any such Fence for the space of one week after the delivery of such

notice then it shall be lawful for the person or persons giving such notice as aforesaid to erect or repair as the case may be such Fence or Fences and to recover from such adjoining owner or owners person or persons legally entitled

as aforesaid one moiety of the cost of erecting or repairing such Fence or Fences as the case may be”—and the said second Section shall be henceforth read and construed as i the last-mentioned words had been originally inserted in the said Section in the place and stead of the part of the said Section hereby repealed.

4. Repealing Clause as to Twelfth Section.

That part of the third section of the said recited Ordinance commencing with the words “Provided always” to the end of the section and the whole of the 12th Section except as to the directions already given or proceedings already taken or commenced under the said Sections or either of them are hereby repealed.

5. Ordinance to be part of Fencing Ordinance 1866.

This Ordinance shall be read and construed as part of “The Fencing Ordinance

1866.”

6. Title.

This Ordinance shall be entituled and may be cited as “The Fencing Ordinance

1866 Amendment Ordinance 1867.

Notes.

This Ordinance was passed by the Canterbury Provincial Council on the 11th of

July 1867, and was assented to by the Superintendent on 12th July. Fencing Ordinance 1862 D NZG 1863 p140

Fencing Ordinance 1863

Fencing Ordinance 1866

Fencing Ordinance 1866 Amendment Ordinance 1867

Fencing Ordinance 1869

Fencing Ordinance 1869 Amendment Ordinance 1870 D NZG 1871 p57

Fencing Ordinance 1875 AW. NZG 1875 p539

Canterbury Fencing Ordinance 1872.