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Gorse Ordinance 1860

3. The Gorse Ordinance 1861.

Whereas it is expedient that the practice of growing Gorse within the limits of towns in the Province of Canterbury should be discouraged:

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

1. Penalty not exceeding Twenty Pounds to be incurred on infringement of this Ordinance.

Every Occupier of any land or premises within the limits of a town, who shall, after the First day of July, 1861, suffer any gorse to be planted, or suffer any gorse already planted to remain on such land or premises nearer than fifty links to any building occupied by himself or any other person, shall be liable to a

penalty of not more than Twenty Pounds to be recovered in a summary way; and every twenty-four hours during which such gorse shall be, or remain on any such land or premises, shall constitute a distinct offence.

2. Occupier of any premises to be at liberty to act according to the provisions of this Ordinance, provided that substitution be made for such gorse fences.

Every such Occupier shall (any terms of his tenure notwithstanding) be at liberty to cut down and remove so much gorse on such land or premises as may be

necessary for his compliance with the first Section of this Ordinance, without incurring any liability to the Owner thereof in respect of any such cutting down or removal: Provided that in every case where the gorse so cut down shall have been used as a fence and where such Occupier is Tenant under a term having five years or more from the First day of July, one thousand eight hundred and sixty-one, unexpired, the provision lastly hereinbefore contained shall not exempt such Occupier from liability, unless he shall, within such unexpired term, put up and erect, in lieu of such gorse, a fence which shall be one of the fences enumerated in the Schedule to this Ordinance. And every such fence so put up and erected as aforesaid, shall, as regards any covenants relating to such gorse fence on the part of the person removing the same, be construed and taken to besuch gorse fence.

3. Term “town” defined.

The term "town" in this Ordinance shall include the towns described in Schedule

B to this Ordinance, and all other towns or townships which have been hitherto or may be proclaimed by the said Superintendent, by and with the advice and consent of the said Provincial Council.

4. Title.

This Ordinance shall be entituled and may be cited as "The Gorse Ordinance, Session XIV., No. 3."


Schedule A.

1. A post and rail fence, at least three feet six inches in height, of substantial materials, firmly erected, of not less than two rails, with no greater distance between the rails at any one point than one foot 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.

3. A substantial wire fence, at least four feet in height, not having less than four wires tightly stretched, and kept painted of a white colour, and the posts of which are not further than twelve from each other.

4. A substantial iron hurdle, at least four feet in height, and kept painted of a white colour.

5. A bank or wall of substantial materials, at least four feet in height, of which the slope is not more than one foot from the perpendicular on the outer side thereof.

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

7. Any combination of fences of the above kind, at least four feet in height.

Schedule B.

List of Towns to which this Ordinance refers.

The town of Christchurch, as set forth in the Map of the Chief Surveyor of the

Province of Canterbury, including the town reserves.

The town of Lyttelton, bounded on the north by the summit of the range of hills on the north side of Lyttelton Harbour; on the east and west by lines drawn due

north and south through the easternmost and westernmost points respectively of the boundary of the said town, as shewn on the Map of the Chief Surveyor of the Province of Canterbury; and on the south by low-water mark, including also the town reserve.

The town of Akaroa, set forth in the Proclamation of the Superintendent of the said Province, bearing date 1st May, 1856.

The town of Kaiapoi, as set forth in the Schedule to "The Kaiapoi Town

Ordinance, Session VII, No. 7."



Notes.

This Ordinance was passed by the Canterbury Provincial Council on the 3rd

January 1861, and was assented to by the Superintendent on the 15th January

1861.


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