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into consideration the very various circumstances of different parts of the province, have thought it advisable to specify that any other sort of fence mutually agreed upon may be put up in lieu of one of the specified kinds. With reference to the Impounding Act, however, the question as to the sufficiency of the fencing of any land trespassed upon, your committee have thought would be best decided, after the fact of trespass had taken place, provided, however, that any of the various kinds of fences specified in the clause recommended for a new Boundary Fences Act, or put up in accordance with that proposed Act, ought to be held good as a fence to protect land against trespass.

Your committee have agreed to the following resolutions which they recommend to the Council for adoption. They also recommend that their report, as adopted, should be circulated throughout the province, so as to elicit expression of public opinion on the same; and that his Honour the Superintendent be requested to prepare, against next Session of Council, Bills for the erection of boundary fences, and for the impounding and other treatment of trespassing cattle.

I. FENCING ACT.

I. That the principles of the Fencing Act be extended to include land-order holders and others who may be similarly situated.

II. That provision be made for the cutting and repair of live fences.

III. That in clause 8, 11, and 12, the word “beneficial” be struck out.

IV. That clauses 4 and 13 be made more explicit.

V. That provision be made in clause 13 that no person shall be able to recover any sum beyond the actual value of the fence.

VI. That clauses 18, 19, and 20 be struck out, as being beyond the power of the Provincial Council to deal with, and already provided for by “The Sale for Non-payment of Rates Act, 1862” of the General Assembly.

VII. That it be compulsory on owners of land abutting on any public road or highway to have all ditches which have been formed on any such road properly and sufficiently cleaned out at least once every year; and all water-courses running into such ditches; and also to properly trim and keep clean, once every year, all live fences.

VIII. That clause 24 be struck out.

IX. That in lieu of clause 21 of the Fencing Act, the following be put in as sub-sections, viz:—

1. A stone wall, not less than four feet six inches in height exclusive of the coping, and not less than two feet six inches in breadth at bottom.

2. That the rails should not be longer than nine feet with not less than twelve inches in the area of the section. Dimensions of posts, not less than seven feet long,

seven inches broad, by two and a half inches; or five inch by four inch, and to be put in the ground not less than two feet three inches. The woods for posts should be restricted to Puriri, Totara, Heart of Kauri, Kuaka, Tanakaha, Rata, Maire, Puhotukawa, Kowhai, Imported Blue or Red Gum, Iron Bark, Stringy Bark. Woods for rails should be restricted to Rimu, Tanekaha, Totara, Manuka, Heart of Kauri, Kuaka, Kowhai, Miro, Puriri, Rata, Maire, Puhotukawa, Imported Blue or Red Gum, Iron Bark, Stringy Bark.

3. That a wire fence as follows be legalized. Posts of the dimensions and of one of the woods formerly named as fit for posts, not more than nine feet apart, with either six wires, or five wires with one rail of wood, or four wires with two rails of wood.

4. That sub-section 3 of both Acts be legalised, with the addition, instead of “hard wood,” of one of the woods formerly named, and an option of making a top rail instead of the lightest wire.

5. A White Thorn fence with a bank and brush five feet high, and ditch three feet wide, White Thorns planted not more than one foot apart.

6. A bank faced or topped with stone, five feet high, and a ditch three feet wide.

7. A paling fence, not less than five feet high, provided that the paling be not more than three inches apart.

8. That any other fence, mutually agreed upon by adjoining proprietors, be admitted as a legal fence for a boundary.

X. That the title of the new Act ought to be “The Boundary Fences Act.”

XI. That any boundary fence already erected according to the present Fencing Act, ought to continue to be considered a legal fence, although not included in the description of fences above given for the new Boundary Fences Act.

II. IMPOUNDING ACT.

1. That another clause ought to be inserted after clause 11, providing that in places above ten miles from a public pound, people should be allowed to impound cattle trespassing upon their own land, or to drive them to the owner; and in case the owner does not come for them within three days, application to be made to two Justices of the Peace or a Resident Magistrate to dispose of the said cattle in the manner he may think proper, who shall, before he or they give such order, be satisfied that due notice has been given to the owner, or due publicity in case there be no owner found, and the proceeds of such disposal shall be applied as in cases where the impounding has taken place within a public pound.

2. That it is desirable to divide into Hundreds and proclaim all surveyed lands, whether held by private individuals or Government, and only such parties as own land