Fencing Act 1846 (SA)

No. 10.

'i

ORDINANCE Enacted 6y the Governor oy $o?tth Ausfralia with the advice and cons~lat of the Legislatiq Council thereof.

[25th August, 1846.1

HEREAS it is found &at are discouraged from in- Preamble.

W curring the expense of fencing on their lands, by reason of	there being no means by which perrjons settling upon adjoining	.
fenced land and deriving advantag4 from the fences tliewof can be made to contribute a due proportion of the expense of erecting

sucE fence: F

IT, And

llc it tllrrcfor~ llinnrtrtl, by tlltl 'bi;onw~or of South Anetsdio,

with the ndvicc and cousent of tlkc Legislntirc Council thcrcof', l.liiit if any person shall heretofore 11nve erected, or shall hereafter ercct a sufficient fence dividing his land from the land adjoining thereto,

and the occupier of the adjoining land, shall after the passing of this

Ordinance, in enclosing the same, h a i l himself of the dividing fence so erected, or any pwt tl~ereof,; he shall be liable to pap to

the owner of the adjoining land by %rho111 the dividing fence was erected, or to the then owner thereof, the half of the then value of

SO much of the dividing fence as slid1 bc mode available as n fence to such adjoining land; and if the pergon so liable to pay such half 'due shall not, on demand thereof b$the person to whom it shall be payable, forthwit11 pay the sainc, tl!e same shall be recowmble

due course of law ns for so much mpncy ldd out and expended

by the plaintiff for the use .of the dcfmdant; or othernise, as the

c u e may be, 4

Exponae of repair	11. And be it Enacted, ~ h ) l t	whensoever any mutual fence shall
may be reco~r?~ed

fall into disrepair and becorn4 insufficient, any occupier of adjoining land, having given notice to tqe other occupiers of the land divided by such fence, may, on theirirefusal or neglect for a week to con- tribute to the maintenance t reof, cause the same to be .repaired

and made a sufficient fence, a 2 d shall thereupon be entitled to re-

cover from such adjoining o cupiers rateably their proportions of 9

the expense of such repairs iwlike manner in due course of law. F

111. Provided always, and !be ii Enacted, That no greater sum

shall be recovered from any p$rson under this Ordinance, in respect

of the making of any fence, $han the proportionate share of such

. portion of the actual cost that would be incurred accordiug to the price in the district at the timb for erecting an ordinary three-railed 1 fence of split posts and rails. j*. , P

Conatmotion clause, IV. And be it Enacted, hat under the term Owner "shall be

included tenants in fee simple, tenants in tail, tenants for life, or 1

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tcnants for any term of years hot being less than seven years, and

that the term Sufficient I?e4ce," as used in this Ordinance, shall

be construed to mean any fe ke, capable of resisting the trespass. 1

of great cattle.	9	B	"	I
f.
i

k FREDK. H. ROBE,

. Lieutenapt-Governor.

Passed tkC Legislative Coutteil :t]ris i

twentp$fttlr day of August, fore r.

t/.owand eight hundred and fdrty- ..

S&.	E:
F.
14

W. L. O'I~ALLORAN,

q e r k of Council.

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