37Provision for contribution by tenant

37 Provision for contribution by tenant

[Section 37 Amended by No. 36 of 1958, s. 4 and Sched. 3 ]

(1)  Where at the time of the making of an award any land in respect of which a boundary fence or fencing is required under this Act to be erected is under lease, the owner of the land, and not the tenant in possession thereof, shall be the party against whom the award shall be made, and who shall be liable thereunder to erect any such fence or fencing.

(2)  In a case to which subsection (1) relates, it shall be lawful for the arbitrators, at the request of the owner, and after notice and opportunity of a hearing given to the tenant and any sub-tenant in possession, to award and determine whether any and what proportion of the expense of erecting the fence or fencing shall be contributed to by the tenant or sub-tenant in possession; and if in any case any such contribution shall, by reason of any increased value or benefit accrued or to accrue thereby to the tenant or sub-tenant, be deemed fair and proper, it shall be lawful for the arbitrators to fix and determine a stated yearly sum in respect thereof, to be payable to the owner by the tenant or sub-tenant quarterly or otherwise during the continuance of his lease or possession of the land, as and by way of rent, and any such yearly sum shall be recoverable by the owner from the tenant or sub-tenant in the same manner as rent in arrear is or may be recoverable in this State.