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Fencing Ordinance 1869 Amendment Ordinance 1870 (Disallowed)

7. The Fencing Ordinance 1869 Amendment Ordinance 1870 D NZG 1871 p57

Whereas it is expedient to amend " The Fencing Ordinance 1869."

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

1. Interpretation Clause.

The words "to summon" in section 9 of the said " Fencing Ordinance 1869 " shall mean that a summons shall be issued from the nearest Magistrate's Court or Court of Petty Sessions at the request of the person requiring to summon any person under the said Act.

2. Repealing Clause.

That Sections 2 3 and 12 of the said Ordinance shall be and the same are hereby repealed Provided that such repeal shall not affect the existing rights of any person under the said Sections or any proceedings or directions already taken commenced or given under the same.

3. Notice requiring assistance in making or repairing dividing fence.

It shall be lawful for any Occupier Lessee for years or Owner of Land adjoining or abutting upon any other lands not being Waste Lands of the Crown held under any Depasturing License and having no sufficient Dividing Fence by notice in writing to require any Occupier Lessee for years or Owner of any adjoining land to assist in equal proportions in making or repairing any Dividing Fence such notice to be delivered personally or left at the usual or last known place of abode in the Province of Canterbury of the person to whom the same shall be directed or delivered personally to the Attorney or Agent within the said Province of such person and in case such person or his Attorney or Agent shall refuse or neglect to assist in the making of any such Fence for the space of one calendar month after the delivery of such notice 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 giving such notice as aforesaid to erect or repair as the case may be such Fence or Fences and to recover from such adjoining Occupier Lessee for years or Owner one moiety of the cost of erecting or repairing such Fence or Fences as the case may be Provided always that no such Occupier Lessee for years or Owner shall be liable to contribute to the making or repairing of any Fence or Fences unless he shall avail himself of the same And provided always that if the amount sought to be recovered for such work shall in the opinion of the Court appear to be exorbitant the person suing for the same shall only be entitled to recover such amount as the court may consider just and equitable between the parties.

4. Occupier making use of any dividing fence towards erection of which he has given no assistance to be liable to pay moiety of value thereof.

If any Occupier Lessee for years or Owner of such land shall at any time after the passing of this Ordinance make use of or avail himself of any Dividing Fence erected or made before or after the passing of this Ordinance towards the erection or making of which no assistance shall have been given by such person or any former Occupier Lessee for years or Owner 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 Occupier Lessee for years or Owner of the land divided by such Fence from his land.

5. Ordinance to apply to cities as well as other lands.

The provisions of the said Ordinance as amended and the present Ordinance shall apply as well to lands in the City of Christchurch and to all other Cities and Towns in the Province of Canterbury as to lands referred to in Section 3 of this Ordinance.

6. Repeal of Clause 11 or " Fencing Ordinance 1869."

Clause 11 of " The Fencing Ordinance 1869 " is hereby repealed and the following substituted in lieu thereof:

The term " Fence " in this Ordinance and the said Fencing Ordinance 1869 shall be taken to mean any fence of the several kinds described in the Schedule to this Ordinance the smallest part of which shall be of not less dimensions than those set forth in the same Schedule.

7. Extent of Application of Ordinance

Where lands are separated by a natural stream ditch or watercourse that is not a sufficient boundary fence the provisions of this Ordinance shall be applied in the same manner as if no such stream ditch or watercourse existed Provided that in cases where the stream ditch or watercourse is the absolute freehold property of an adjoining owner such owner or the occupier or lessee for years of his land shall not be compelled to join in the erection of a fence by the adjoining owner occupier or lessee for years.

8. Title.

This Ordinance shall be intituled " The Fencing Ordinance 1869 Amendment Ordinance 1870."


Schedule.

Description of a Sufficient Fence.

1. A Post and Rail Fence at least four feet in height of substantial material firmly erected with no greater distance between the rails or between the rails and the ground at any point than nine inches and the posts not more than eight feet six inches asunder.

2. A substantial upright paling at least three feet six inches in height with no greater distance between the palings than four inches.

3. A substantial wire fence at the least four feet in height having not less than six wires tightly stretched with no greater distance between each of the three bottom wires or the bottom wire and the ground than six inches and the posts or standards of which are not further than nine feet from each other.

4. A bank or wall of substantial materials at the least four feet in height of which the slope is not more than one foot from the perpendicular.

5. A close and sufficient live fence at least four feet in height.

6. A combination of the above kind of fences at the least four feet in height.

7. A ditch not less than five feet broad with a bank or any fence or combination of the above sorts of fences on the further side thereof the top of which shall be at least five feet six inches from the bottom of the ditch and three feet six inches above the level of the ground and where the slope of the bank on the ditch side thereof is not more than one in three and the slope of the ditch on the bank side not more than one in two.


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