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Nga Ture O Niu Tireni: I Pahitia I Roto I Te Tau Wha Te Kau Ma Rima O Te Kuinitanga O Kuini Wikitoria, Me Te Nohoanga Tuatorutanga O Te Paremete Tuawhitu O Niu Tireni, I noho ki Poneke i timate i te rua te kau ma waru o nga ra o Mei, 1881.
Miscellaneous
Miscellaneous.
| 30. | In any case where a person shall elect or be liable to pay Interest recoverable. interest on the half cost of a dividing fence, the person entitled to such interest shall have the same remedy for the recovery thereof as he would have for the recovery of the half cost of such fence. | ||||||||||
| 31. |
All moneys recoverable under this Act in respect ot the construction From whom moneys recoverable under this Act may be recovered. or repairing of any fence, by any person serving any notice to fence or repair, may be recovered from any person liable to contribute to the cost of constructing or repairing such fence who is served with notice to fence or repair, or from any person who may come in and defend under the provisions of this Act any proceedings consequent on such notice.
All moneys recoverable under this Act by any person served with any notice to fence or repair may be recovered from the person serving the same, or from any person liable to contribute to the construction or repair of such fence. |
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| 32. | Any Resident Magistrate may hear and determine all matters jurisdiction of Resident Magistrates in matters arising under Act. or questions arising between owners or occupiers of property liable to the provisions of this Act, notwithstanding that the decision of any such matter or question shall be beyond the ordinary jurisdiction of such Resident Magistrate, in so far as relates to,—
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| 33. | How proceedings to be enforced. All proceedings before any Resident Magistrate upon or in respect of any of the matters in the last preceding clause, or of any combination or modification thereof, shall and may be taken and conducted, and any order may be enforced and acted upon, in like manner as the proceedings and orders of such Courts are taken, conducted, and enforced in their summary jurisdiction under "The Justices of the Peace Act, 1866," or any other Act for the time being in force relating to such Courts. | ||||||||||
| 34. | Act not to interfere with agreements. Nothing in this Act contained shall be deemed or taken to affect any covenant, contract, or agreement made, or hereafter to be made, relative to fencing, between landlord and tenant, or between occupiers of adjoining land, or between any other persons whomsoever. | ||||||||||
| 35. |
Fences on Crown lands to be provided with gates or openings, &c.
Where any person shall have erected, or shall hereafter erect, any fence upon any Crown lands, the Commissioner of Crown Lands of the district may direct such person to make such gates at such places in such fence as he may deem necessary for the public convenience of the district. If such person shall not comply with such direction within one calendar month after the receipt thereof, he shall be liable to a penalty not exceeding twenty pounds, and such Commissioner may forthwith have such gates made at the expense of the person so failing to do so; and any person wilfully leaving such gates open shall be liable to a penalty not exceeding; forty shillings. |
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| 36. |
Persons constructing fences can enter upon contiguous lands where not orchards, gardens, &c.
Any person constructing or repairing a fence under this Act, his agents and servants, may, if there be no available aceess thereto over their own land, with or without horses, cattle, carts, or carriages, at all reasonable times during such construction or repairing, enter upon any portion of the contiguous lands and do thereon such acts, matters, and things as are necessary or reasonably required to carry into effect the construction or repairing of such fence. Provided always that nothing herein contained shall authorize the entry, for the purpose aforesaid, upon any land in crop, or upon any garden, orchard, plantation, shrubbery, or pleasure ground, without the consent of the owner thereof; or shall authorize any person to cut down, lop, or injure any fruit, exotic, or ornamental tree or shrub without the special sanction of the aforesaid owner. |
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| 37. | When garden, orchard, crop, &c., damaged, owner entitled to compensation. Every owner or occupier of any land who shall incur or suffer any loss or damage by any act or thing done by any person wilfully acting contrary to the provisions of the last foregoing section shall be entitled to compensation for the same.page 9 |
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| 38. |
Upon the application of any person claiming such compensation Method of recovering compensation. as aforesaid, any Resident Magistrate may summon the person complained of to appear before him, at a time and place to be named in the summons, and upon the appearance of the parties, or, in the absence of either of them, upon proof of the service of the summons, the said Resident Magistrate shall hear the question and determine the amount of compensation, and for that purpose may examine the said parties or either of them and their witnesses upon oath, and the costs of every such inquiry shall be at the discretion of the said Resident Magistrate, and he shall settle the amount thereof.
Every sum awarded by way of compensation or of costs shall be Compensation may be recovered summarily. recoverable in a summary manner.
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| 39. | Any person may come in and defend any proceeding under Power of landlord to come in and defend proceedings against his tenant under this Act. this Act against any tenant of such person in consequence of which such person may ultimately incur any liability, and any defence which the person originally proceeded against might set up shall be available to the person so coming in to defend. | ||||||||||
| 40. |
If the Council of any county m which the whole of "The Act may be suspended by Proclamation, and afterwards re-enforced. Counties Act, 1876," is in operation, or the Board of any road district within a county in which the whole of such Act is not in operation, shall, by resolution, request the Governor to suspend the operation of this Act within such county or road district, the Governor shall, by Proclamation, suspend this Act accordingly.
In like manner, if such Council or Road Board shall, by resolution, request the Governor to again bring this Act into operation within such county or road district, the Governor shall, by Proclamation, bring this Act into operation accordingly. |
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| 41. | Wherever, and during the time the operation of this Act is During suspension, loeal ordinances to be euforced. suspended, the laws relating to fencing in the county or Road Board in which such suspension takes place in force at the time this Act comes into operation shall become, be, and remain in force during such suspension. | ||||||||||
| 42. | An Act passed by the Superintendent and Provincial Council The Auckland Provincial Act, "The Fencing Acts Suspension Act, 1874," to apply to this Act. of Auckland, intituled "The Fencing Acts Suspension Act, 1874, "shall apply to this Act in like manner as though this Act had been specified in the said Suspension Act instead of "The Fencing Act, 1855," and "The Fencing Act 1855 Amendment Act, 1874." | ||||||||||
| 43. | The several enactments enumerated in the Schedule C hereto Repenls. annexed are hereby repealed. |
