Fencing Act 1865 (SA)

C- V

- ANNO VICESIMO NON0 ' c (, S -?L- l

A.D. 1865-6.

No. 6.

An Act to repeal an Ordinance, No. 10 of 1846, " To encourage

the Fencing o f Land," and to make other provisions in lieu

thereo$

[Assented to, 16th March, 1866.1

HEREAS it is expedient to repeal an Ordinance, No. 10 of Premb1e.

W 1846, To encourage the Fencing of Land," and to make	other provisiolis in lieu thereof-Be it therefore Enacted, by the
Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of As- sembly of the said Province, in this present l'arliarnent assembled,
as follows:

F

c-

1. An Ordinance, No. 10 of 1846, 'L To encourage the Fencing Re~eaL

of Land," is hereby repealed, save so far as may be necessary to support any proceeding taken thereunder before the passing hereof.

2. This Act may be cited for all purposes, as the L ' Fencing Act, Shoati".

1865." & j - - - s T &C/=

3. In the construction of this Act, the following tcrms shall, un- Inter~retation

less inconsistent with the context or subject matter, have the termr.

respective lnesnings hereafter nssigncd to them respectively, that is

to say-

" Owner of a dividing fence," shall mean tt c person who, irres-

pective of this Act, by act of parties, is liable to keep

such fence in repair; and if none, then the person who

would be primarily damnified, if such fence were des-

troyed : Fence,"

. -

/--- 29" VICTORIB, NO. 6.

Fencing Act,-1 865-6.

h Fence," shall mean any fcnce ordinarily capable of resisting

the trespass of great cattle:

"Party fence," shall mean any fence which has been jointly erected by the owners or occupiers of adjoining lands, to divide such lands, or towards the erection of which such owners or occupiers have contributed, or towards the cost

-

of erecting which either owner or occupier has contributed

under the provisions of this Act or of the Ordinance hereby

repealed:

Part-occupier," shall mean the person in actual occupation,

if none, then the owner, of the land adjoining or abut-

ting on any party fence:

Avail," any occupier of land shall be deemed to have availed

himself of a fencc within thc mcaning of this Act, who

&& *44& {S9&: ,hall, in the occupation of such land, erect or use any

S 168- other fence which abuts on such first-mentionenence. or make such first-mentioned fence in any way a portion of the means whereby such laud is in any way enclosed, whether such occupier shall have completed any enclosure of the said land, or not.

themeelves of dividing shall hereafter avail himself, of any fence, not being a party fence, Occuprers ayailing 8. When any occupier of l a ~ d has heretofore availcd himself, or

dividin	such land from the land adjoining, the occupier in posses-
sion	--‘+

s all, upon demand, be liable to pay to the owner of such dividing fence one-half part of the value .i& timc 9f-s~hh>emand

of so much of such fence as shall abut upon the land so o c c u p ~ s

aforesaid.

)art.oconpierstokeep 5. Whenever any party fence shall become defective or out of repair, or shall be totally destroyed, either part-occupier may give

putJ fence in

or p7 half costa of

I L ~ O. to the other mrt-occu~ier notice of his intention to repair or rein- state the same, and require the other part-occupier to bear his pro- portion of such repair or reinstatement, and may, if such other part- occupier shall refuse or neglect, for the term of seven days, to con- tribute to the repairing or reinstating of such party fence, cause the same to be repaired or reinstatcd. and the part-occupier so neglecting or refusing shall, upon demand, be liable to pay to the part-occupier by whom such repairs or reinstatements were effected one-half part of the costs of such reparation or reinstatement.

6. Whenever any party fence, capable only of resisting the

~ w t - O C O U ~ ~ & depau.

trespass of. great cattle, shall have been made by either of the part-

tlttiug half O O S ~ .beep of making pay

fence cspable ofre-	occupiers capable of resisting the trespass of sheep also, the other
d&iug'wPm

deep of part-occupier, so soon as he shall keep and depasture sheep on the land adjoining the said fence, shall be liable to pay to the part- occupier by whom such fence shall have been made capable of rosishg t6e trespass of sheep as aforesaid, or to any succeeding put-occupier, one-half part of the value (at the time he ~ h d l

commence

commence to depasture sheep as aforesaid) of any additions made

to such fence for the purpose aforesaid.

7. No action shall be brought, under the provisions hereof, to re- nation not ta be

hesJ_ofore erecteqor the adjoining, laid shall bwoccupied, at the i

time of the erection of any such fence to be hereafter erected;

unless the owner of such fence shull have made a demand in f	'	i
/'
writing upon the occupier, if any, of the adjoining land, rcquiriug

&h=kM"cVar ,- - --m -- -- month - - - of one-half of the value of such

fence. ri. &-P FP+?**

2% -

8. All notices required to be given by this Act shall be in writing, Notice ILOW lo b .

and signed by the person giving notice, or by his attorney or agent, 'er"d-

and may be delivered either personally to the party to whom the

same are directed or at his last known place of abode.

9. No greater sum shall be recovered from ar,y person under this Maximum rates to k

Act for the cost of erecting, repairing, or reinstating any fence than recoverable for fenon.

the amount which would be payable if such fence had been an ordi-

n m ~ fence, and had been erected for the price usually paid i11 x e

district for erecting such a fence at the time when such sum first

became payable.

I n the name and on behalf of the Queen I hereby assent to

this Act, D. DALY, Governor,

*

AdelPide : Printed by authority, by W. C.