| 35. | Jurisdiction of Magistrates in matters arising under Act. A Magistrate shall have jurisdiction to hear and determine all questions and disputes arising under this Act in so far as relates to,—
| (1.) | The erection and repair of fences; |
| (2.) | The kind of fence to be erected (the sowing or planting of a live fence or trees either at time of erection of fence or at page 9.gif) any time thereafter, and the question of shelter, to be a consideration in deciding such class of fence); |
| (3.) | The width of the bush to be felled and cleared; |
| (4.) | The persons by whom any such fence is to be erected or repaired; |
| (5.) | The conversion of a non-rabbit-proof fence into a rabbit-proof fence; |
| (6.) | The line of fence to be adopted, and the amount of compensation (if any) to be paid for loss of occupation of land; |
| (7.) | The date on which, the time within which, and the manner in which any fence is to be erected or repaired; |
| (8.) | The removal of fences that are not erected on the proper boundary; |
| (9.) | The entry on contiguous land for the purpose of erecting or repairing a fence; |
| (10.) | The reasonable and proper cost of erecting, converting, or repairing any fence, and the persons by whom and the proportions in which such cost is to be borne, due regard being had in the case of a rabbit-proof fence to the extent of the benefit received therefrom; |
| (11.) | Any question or dispute which by this Act is to be determined by the Magistrate; |
| (12.) | The costs of the proceedings, and the parties by whom and to whom such costs are to be paid. |
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| 36. |
| (1.) | Proceedings to be by summons. All proceedings before the Magistrate in respect of any of the matters mentioned in the last-preceding section shall be by summons in the prescribed form, and such proceedings shall be conducted and all orders thereon by the Magistrate may be made, enforced, and acted upon in like manner as in the case of summary proceedings under "The Justices of the Peace Act, 1882." |
| (2.) | "The Magistrates' Courts Act, 1893," to apply. In all such proceedings the provisions of "The Magistrates' Courts Act, 1893," relating to the joinder, striking-out, or substitution of parties shall apply. |
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| 37. | Magistrate to have jurisdiction notwithstanding title involved. A Magistrate shall have jurisdiction to near and decide any claim arising under this Act whatever its amount, and notwithstanding that title to land may be involved. |
| 38. | Moneys recoverable in any Court of competent jurisdiction. Subject to any order made by a Magistrate under the powers by this Act conferred upon him, all moneys recoverable under this Act may be sued for and recovered in any Court of competent jurisdiction. |
| 39. |
| (1.) | How notices may be served. Any notice under this Act to be served on any person may be served,—
| (a.) | Either personally or by leaving the same at or posting the same in a registered letter addressed to such person's last known place of abode or business in New Zealand; or |
| (b.) | If such person is unknown, or after due inquiry cannot be found, or is absent from the colony, then by similarly serving the notice upon his known agent or attorney; or |
| (c.) | If there is no known agent or attorney in the colony, or such agent or attorney cannot after due inquiry be found, then by publishing a copy of such notice in a newspaper circulating in the neighbourhood of the land to which page 10.gif) the notice relates, and affixing a copy of the notice upon a conspicuous part of such land, or on some public road adjacent thereto. |
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| (2.) | It shall not he necessary to prove the actual receipt of such notice by the person to whom it is addressed. |
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