No. 6249 ss 14, 15. 13 Occupier may construct fence on boundary with road s. 13 S. 13(1) amended by No. 12/1989 s. 4(1)(Sch. 2 items 43.3, 43.4). (1) If the occupier of any land bounded by a road within a municipal district desires to plant a live fence on the common boundary of his land and the road and for that purpose to construct a temporary fence upon such road he shall give notice in writing of his desire to the municipal council for that municipal district describing the proposed fence and its proposed position. S. 13(2) amended by Nos 7876 s. 2(3), 12/1989 s. 4(1)(Sch. 2 items 43.5, 43.6), 57/1989 s. 3(Sch. item 70.9(a)). (2) The Magistrates' Court, within one month after the service of any notice on a municipal council under subsection (1), on the complaint of and good and sufficient cause shown by the municipal council, may order the occupier serving such notice not to proceed with the construction of the temporary fence. S. 13(3) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 70.9(b)). (3) If within one month after the service of such notice the occupier is not served with an order of the Magistrates' Court prohibiting the construction of the temporary fence, the occupier may at any time not exceeding six months after the service of the notice proceed to construct the temporary fence in compliance with the following conditions— S. 13(3)(a) amended by S.R. No. 154/1974 reg. 2(a)(i). (a) no part of the temporary fence shall be more than 183 metres distant from the nearest point on the boundary of his land; and S. 13(3)(b) amended by S.R. No. 154/1974 reg. 2(a)(ii). (b) the width of the road available for traffic after the construction of the temporary fence shall not in any place where the road is reduced by the construction of the temporary fence be less than 915 metres.
_______________ No. 6249 s. 18. S. 17 amended by S.R. No. 154/1974 reg. 2(b), No. 41/1987 s. 103(Sch. 4 item 20.2). 17 Definition of vermin-proof fence s. 17 In this Part vermin-proof fence means a fence of one of the following kinds— (a) a wire net fence 147 metres in height consisting of wire netting constructed in accordance with the following provisions— (i) the lower portion of the netting shall be not less than 91 centimetres in width and of a mesh not exceeding 41 millimetres, shall be 15 centimetres in the ground or shall have 15 centimetres thereof properly secured to the surface of the ground, and shall be 76 centimetres above the ground; (ii) above such wire netting shall be placed other wire netting not less than 61 centimetres in width and of a mesh not exceeding 10 centimetres; (iii) the whole of such wire netting shall be attached by wire or staples to substantial posts stakes or iron standards, which posts stakes or iron standards shall be at least 206 metres in height, placed 56 centimetres in the ground, and not more than 3 metres apart; (iv) 10 centimetres above the netting there shall be a barbed wire stapled to each post stake or standard and drawn through straining posts 25 metres in length of which 91 centimetres shall be
one-half of the then actual value of the fence forming the dividing fence. S. 23(2) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 70.13). (2) The value of the fence shall be ascertained as soon as practicable after the adjoining land has become so occupied and in default of agreement between the parties the value may on the complaint of either of them be determined by the Magistrates' Court. (3) In ascertaining or determining for the purposes of this section the value of any fence containing wire netting, there shall be deducted from the value of the fence any proportion of the value of the wire netting which is attributable to assistance provided under the Wire Netting Act 1958. S. 23(4) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 70.13). (4) Any sum recoverable under this section may be recovered before the Magistrates' Court. No. 6249 s. 25. 24 Proportion of contribution to vermin-proof fence a charge on land until paid s. 24 S. 24(1) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 70.14(a)). (1) If any person served with a notice requiring him to contribute towards the construction of a fence or the making of any dividing fence vermin-proof proves to the satisfaction of the Magistrates' Court upon the hearing of a complaint under section 7 that he is unable to contribute his proportion of the cost of such construction or of the work of making the fence already constructed vermin-proof the Court may make an order that the person giving such notice shall be at liberty to construct the whole of the fence or do the whole of the work. (2) Upon the construction or work being completed the proportion of the cost for which the person serving the notice is liable shall become and until paid be and remain a charge upon the land, and
the owner of the land until he pays the amount of such proportion shall pay annually to the person so constructing the fence or doing such work interest upon such amount at the rate of six per centum per annum. S. 24(3) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 70.14(b)). (3) If default is made in respect to any such annual payment of interest the payment may be enforced at any time by the person entitled to receive the interest in a summary way before the Magistrates' Court or by proceeding in any court of competent jurisdiction. s. 24 (4) Every mortgagee or lienee of or over any land shall be at liberty when any sum has pursuant to this Act become a charge upon such land to pay the amount of such charge, and such payment when so made shall be deemed a part of the principal sum secured by such mortgage or lien respectively and be subject to the provisions powers and trusts thereof. S. 24(5) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 70.14(c)(i)(ii)). (5) When any order is made by the Magistrates' Court under this section the amount which any person is liable to contribute as his proportion of the cost of constructing a vermin-proof fence or of making vermin-proof any fence previously constructed, may be determined by the Court at the time of making such order, or if not then determined it may on the complaint of either party or of the owner for the time being be determined by the Magistrates' Court at any time subsequent to the construction of such fence or the doing of such work. (6) If the complaint is not the complaint of the owner for the time being the Court may direct that the owner be made a party to and served with a copy of the complaint and may adjourn the hearing to enable the owner to appear.