(b) has himself under an agreement with the occupier of such private land repaired or renewed such fence or any part thereof— the licensee may in the Magistrates' Court recover from the occupier of that private land so much of the said one-half cost or of the cost of such repair or renewal as the court, taking into consideration the value then remaining of such repair or renewal, may consider just and reasonable. (3) Where a licence under Division 8 of Part I or Comp. ib. ss 553(1), section 138 of this Act for an unused road has 558(2). been cancelled under subsection (1) of this section S. 407(3) amended by the council of the municipality in whose Nos 10011 municipal district the unused road is situated— s. 23(b), 96/1994 (a) shall keep the unused road open for public s. 33(s). use and free from obstruction; and (b) may cause any building hedge ditch fence S. 407(3)(b) amended by hole heap drain or obstruction which has Nos 9019 been made on across or in the unused road to s. 2(1)(Sch. item 102), be taken down or filled up or removed or 57/1989 s. 3(Sch. otherwise made good at the expense of any item 109.13). person by whom the same was made or to whom it belongs and may in default of payment of such expense recover the amount thereof in the Magistrates' Court. * * * * * S. 408 inserted by No. 6794 s. 3, repealed by No. 10011 s. 24.
(b) has himself under an agreement with the occupier of such private land repaired or renewed such fence or any part thereof— the licensee may in the Magistrates' Court recover from the occupier of that private land so much of the said one-half cost or of the cost of such repair or renewal as the court, taking into consideration the value then remaining of such repair or renewal, may consider just and reasonable. Comp. ib. ss 553(1), 558(2). S. 407(3) amended by Nos 10011 s. 23(b), 96/1994 s. 33(s). (3) Where a licence under Division 8 of Part I or section 138 of this Act for an unused road has been cancelled under subsection (1) of this section the council of the municipality in whose municipal district the unused road is situated— (a) shall keep the unused road open for public use and free from obstruction; and S. 407(3)(b) amended by Nos 9019 s. 2(1)(Sch. item 102), 57/1989 s. 3(Sch. item 109.13). (b) may cause any building hedge ditch fence hole heap drain or obstruction which has been made on across or in the unused road to be taken down or filled up or removed or otherwise made good at the expense of any person by whom the same was made or to whom it belongs and may in default of payment of such expense recover the amount thereof in the Magistrates' Court. S. 408 inserted by No. 6794 s. 3, repealed by No. 10011 s. 24. * * * * *
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