BY-LAW NUMBER 2 - of -SEffl.32* NATIONS INDIANS 01 TUB GRAND RIVER R a e s s « p L e i c n e t i F n e g n c L e in * A c F t e . n " ces, which may be Sited WHEREAS U is necessary to pass a by-law respecting Lin© Fences, which may be oifced as "Line Fence Ant." NOvyTHEBIFORE THE COUNCIL OF THE SIX NATIONS INDIANS OF THE GRAND RIVER HEREBY ENACTS AS FOLLOWS; I* Owners of adjoining lands shall make, keep up and repair a just proportion of the fenoe whioh marks the boundary between them» or if there is no fence, they shall make, keep up and repair the same proportion of any fence whioh is built to mark such boundary, and in case any owner refuses or neglects to build his proportion of the fence after notice in writing requiring him or her to do so, the adjoining owner so notifying, may at the expiration of one week after service of such notice notify (form "A") the other owner or occupant of the land of said owner, that he will, not less than one week from the servloe of such notice, cause the Fence-viewers of the RWWjW%ve to arbitrate in the premises. 2. Such owner so notifying shall also notify (form "R*) the Fence-viewers, not less than bas week before their services are required. 3* The notioes in both oases shall be in writing, signed by the person notifying, and shall specify the time and place of meeting for the arbitration and may be served by leaving the same at the place of abode of such owner or occupant of of the Fence-viewers as the case may be, with some adult person residing thereat. f 4. An occupant not the owner of land notified in the manner above mentioned, shall Immediately notify the owner; and if he neglects so to do, shall be liable for all damages caused to the owner by such neglect.
$• The Fenoe-viewers shall examine the premises,aand oaks an award (form n0w ) In writing signed by them respecting the matter la dispute waioa award steel1 specify the locality, quantity, description and the oorreot price of the fenoe it orders to be made, and the time in which the work shall be done, and shall state by which of the said parties the costs of the proceedings shall be paid, or whether either party shall pay sou» proportion of such coats. In making such award, the Fenoe-viewers shall take into consideration the nature of the fences in use in the locality, pecuniary circumstances of the persons between whom they arbitrate, and generally the suitableness of the fence ordered to the wants of each party* 6. The award shall be deposited in the office of the Superintendent within one week from the making thereof. 7* The Fence-viewers shall be entitled to receive $5.00 each for every day*s work in connection with each dispute under these regulations. 8* In the event of a new line fenoe being built by the owners of adjoining lands to replace a fence which was built and maintained by one of them* all the materials in the old fence shall he the property of the owner who built and maintained the fenoe so replaced. 9. The award may be enforced as followsj-The person desiring to enforce it shall serve upon the owner 0* occupant of the adjoining lexica a notice In writing requiring h|m to obey the'award., and'if the award is not obeybdwlthin bhf a*twr::a«rv|oe of such notice, the person so desirlag to enforce it may do the work as the award directs, and may Immediately recover its value and the oost from the owner by action in any Court of Competent Jurisdiction having jurisdiction on the Reserve, or the amount of the award may be deducted from the share of annuity or interest money, if any such are due or accruing to him or he**, The amount fir bay proportion of the Judgment not paid by the party liable may be charged against his or her prox^erty and no conveyance of s&id property to be approved by Council until the amount of Judgment is paid in full, neither will the party in default be eligible for any public grant, and the Council shall have the right to sell or rent j
the said property to pay the award mad® by tbs Fence-viewers. *0* Any person dissatisfied with the award made, may appeal therefrom to the Sir Nations Council by leaving notice in writing at the office of the Superintendent or with the Secretary of the Council, who shall at one® forward It to the Superintendent, of his or her Intention to appeal within one week of the time he or she has been notified of the award. 11. The Council shall hear and détermina the appeal, and set aside, alter or affirm the award, correcting any error therein, and they may examine parties and witnesses, and their decision shall be final; and the award, aa so altered or confirmed shall be dealt with In all respects as it would have been If It had not been appealed from. 12. Any agreement in writing (form »fl") between owners respecting such line fence m y be filed in the office of the Superintendent and enforced as if it were an award of Fence-viewers, 12. The owner of a whole, or part of a division or lins fence which forms part of the fence enclosing the occupied or improved land of another parson, shall not take down or remove any part of such f enoes• 14. Thaiawful fence shall be as follows: that is to say:* (a) Rail fenoe slant, staked doubled rldered, four feet six inches inholght. (b) Bail and post fence, 4*,1 6" in height, the first three relis from bobtomoffenoe shell not be more than ê inches apart. (o) Picket fence, 4», 6« la height. (d) Boaid fenee, 6» in height, the first three boards from the bottom of fence shall not be more than 6 inches apart. (e) Wire woven fence, stays not more than 22 inches apart, 4», 6** in height, bottom wire not to be more than 4 inches from the ground» (f) Pine stump fence, banked, ridged or dyked at bottom of any of the herein described,fences shall in all oases be considered as part of the height of fence* (g) Any patent fence shall be reoogftized as a lawful fence, providing always that such fence shall b© 4*, 6n high and if rail, that the first 3 rails at the bottom are not further apart than 6 inches, and other
4 rails not mors than 10 inches $part. (n) «Vhen any fence crosses uneven ground or ditches, the spaoe below the lower rail or wire, If more than 4 inches from the ground shall he dyked or staked not more than 4 inches apart. (1) A boundary line fence shall be considered lawful, always providing that the occupants of the adjoining properties are agrwed as to style and kind of fence that is put up between their respective properties. 15* M y person who wilfully outs or destroys any fence WKtBÊEi; whether in the composition of a fence or otherwise on the premises of another member of the Six Nations shall upon summar before a magistrate or a Justice of the feaoe, be liable to a fine or penalty not exceeding 150.00, plus costs, or In default thereof up to 50 days in Jail at hard labour, or both fine and punishment 16. The forms in the schedule hereto are to guide the parties being varied according to circumstances. 1 7. No lease may be given for property unless all fences surrounding the property are in good condition. Passed in General Council at Qhsweken on the day of A.D. 1952 ...... Chief, 3uperIntendant Secretary.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.