[Page 64]

and pay for every such offence the sum of £50,
to be recovered in a summary way.

8. In all proceedings against any person for
   having acted as an Auctioneer without lie-
   cense, such person, unless he shall produce his li-
   cense, or bring other satisfactory proof of his
   having been licensed at the time at which the
   alleged offence shall have been committed,
   shall be deemed to have been unlicensed.

9. If any licensed Auctioneer shall exercise
   his business as an Auctioneer at any time or in
   any manner contrary to the provisions of this
   Ordinance, he shall forfeit and pay for every
   such offence any sum not exceeding the sum
   of £20, to be recovered in a summary way.

10. Provided that nothing herein contained
    shall extend to any sale by order of His Ex-
    cellency the Governor, or by order of His
    Honor the Superintendent of the Province of
    Otago, or any Collector or Sub-Collector of
    Customs, or by any Commissioner of Crown
    Lands, or to any sale of any vessel, or the ap-
    parel, or stores, or cargo of any vessel which
    may be taken and condemned as a lawful
    prize, and sold for the benefit of the captors.

11. This Ordinance shall come into force on
    the 26th day of April, 1855, and may be cited
    as the "Auctioneers' License Ordinance."

Passed the Provincial Council
this twenty-sixth day of April,
one thousand eight hundred
and fifty-five.

ROBT. CHAPMAN,
Clerk of Council.

Assented to on behalf of the Governor,
at Dunedin, the first day of May,
one thousand eight hundred and
fifty-five.

W. CARGILL,
Superintendent.

Schedule.

Know all men, by these presents that (name) of
(place of abode) (trade or business) is hereby li-
censed to exercise the business or calling of an
Auctioneer, until the 1st day of May, 18__, hav-
ing this day paid the sum of £20.

(Signed)
Treasurer.

Dated at (Dunedin) this day of 18__.

FENCING ORDINANCE.

In the Eighteenth Year of the Reign of
Her Majesty Queen Victoria.

Session II. No. 10.

Analysis.

Preamble.

1. Reciting Ordinances repealed.
2. Persons making dividing fence may make ditch,
   &c., on adjoining land.
3. Half the cost of dividing fence to be paid by oc-
   cupier of adjoining land.
4. And to be recoverable in a summary way.
5. Half the cost of repairing dividing fence, &c., to
   be paid by adjoining occupier.
6. Limitation of amount to be recovered.
7. Fences described in the Schedule to be deemed
   sufficient fence.

An Ordinance to repeal the Fencing Ordinance,
and to make other provisions in lieu thereof.

Whereas an Ordinance was passed by
the Legislative Council of New Zea-
land, Session VIII., No. 8, intituled "An Ordi-
nance to encourage the Fencing of Land;"
And whereas it is expedient that the said Or-
dinance be repealed and other provisions made
in lieu thereof:

Be it therefore enacted by the Superintendent
of the Province of Otago, with the advice
and consent of the Provincial Council thereof,
as follows:

1. The said recited Ordinance, so far as re-
   gards the said Province of Otago, shall be, and
   the same is hereby repealed.

2. It shall be lawful for the owner or occup-
   ier of any land in the Province of Otago, not
   being within the limits of any Town, in making
   a fence dividing his land from the land adjoin-
   ing thereto, to make a ditch not exceeding four
   feet in width in such adjoining land, and to
   throw the soil taken therefrom upon his own
   land, to form a bank; and if any person mak-
   ing such dividing fence shall make the ditch
   upon his own land, it shall be lawful for him
   to make the bank and erect posts and rails
   upon such adjoining land: Provided always
   that it shall not be lawful to make any ditch
   or bank upon any such adjoining land, in any
   case where a hedge of live thorns may have
   been planted and kept in good and thriving
   condition thereon, so as to disturb or injure
   such hedge, without the consent of the owner
   or occupier of such land first had and obtained:
   Provided always that all fences along public
   roads shall have a ditch two feet deep, and not
   more than two feet wide along the roadside.

3. If any person shall heretofore have erect-
   ed or made, or shall hereafter erect or make,
   any ditch, bank, or other sufficient fence, di-
   viding his land from the land adjoining there-
   to, and the proprietor of the adjoining land or
   his tenant shall avail himself of such dividing
   fence or any part thereof, such proprietor or
   his tenant shall be liable to pay to the owner
   or occupier of the adjoining land, by whom
   such dividing fence was erected or made, the
   half of the value of so much of such dividing
   fence as shall be available as a fence to such
   adjoining land.

4. If any person liable to pay the half of the
   value of such fence as aforesaid shall not pay
   the same within two months, on demand
   made in writing by the person to whom the
   same shall be payable, the amount payable in
   respect of such fence shall be recoverable in a
   summary way before the Resident Magistrate
   or any two Justices of the Peace: Provided al-
   ways that it shall be lawful for such Justices to
   direct the payment of the same either altoge-
   ther or by instalments, and at such times as to
   the said Justices shall seem meet.

5. When any such dividing ditch, bank, or
   other fence shall require cleansing, or shall be
   out of repair, and shall become insufficient, the
   same shall be cleansed and repaired at the joint
   expense of the proprietors or occupiers of the
   adjoining land, and any proprietor or occupier
   of land adjoining such fence (having given no-
   tice in writing to the other occupier of the land
   divided by such fence, or to his or her agent in
   the said Province) may, on refusal or neglect
   of such last mentioned proprietor or occupier
   for the space of one month to contribute one
   half of such expense, cause the same to be
   cleansed and repaired and made a sufficient
   fence, and shall thereupon be entitled to recover
   from such adjoining proprietor or occupier one-
   half of the cost of cleansing or repairing such
   fence, in a summary way as aforesaid: Pro-
   vided always, that the party making such re-
   pairs shall be bound to prove to the satisfac-
   tion of the Magistrate or Justices before whom
   any action is brought for the expense of such
   repairs that the sum expended and sought to