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Canterbury Association's Reserves Ordinance 1855

2. The Canterbury Association Reserves Ordinance 1855.

Whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Canterbury, entituled the " Canterbury Association's Ordinance, Session IV., No. 6," and by virtue of certain Deeds in the Schedules to the said Ordinance annexed, certain buildings, lands, tenements, and hereditaments in the said Schedules particularly set forth and described, are vested in the Superintendent of the said Province, to be held by him, in trust, for the public uses thereof, upon the terms and conditions set forth in a certain Act of the General Assembly, entituled the " Public Reserves Act, 1854," to be managed and disposed of according to the provisions of the said Act: And whereas, in

pursuance of the provisions of the said Ordinance, certain Debentures have been issued, or are about to be issued, amounting in the whole to the sum of Twenty- eight Thousand Nine Hundred and Thirty-nine Pounds Ten Shillings and Seven Pence, bearing interest at the rate of Six Pounds sterling per centum per annum, and it is exedient that the buildings, lands, tenements and hereditaments aforesaid should be managed and disposed of in the manner hereinafter

provided, and that the proceeds thereof should be applied to discharge the principal and interest of such Debentures, and to no other purpose whatsoever:

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

1. Lands in the Schedule shall be disposed of by way of lease or sale. Such of the said buildings, lands, tenements, and Hereditaments as are described in the Schedule to this Ordinance, shall be disposed of by way of lease, not exceeding thirty-two years in possession, at rack rent, or sale, or by way of Lease with a Covenant for the purchase of the demised premises within

the term of such Lease: Provided that no part of such land shall be sold for a less sum than at the rate of Fifty Pounds sterling per acre, nor until such buildings, lands, tenements and hereditaments, or proposed Leases of such buildings, lands, tenements, and hereditaments, with or without Covenants for purchase, shall have been first submitted to public auction at such upset price or rent (not less in the case of sale or Covenant for purchase than the rate aforesaid), and subject to such conditions as shall be determined on by the Superintendent: Provided that if no advance be made on the upset price or rent at such auction, the Superintendent shall have power at any time thereafter, and from time to tim, to sell, alienate, or let at such upset price or rent as aforesaid: and provided also that no such Lease, with such purchasing clauses, shall be for a longer term than ten years.

2. No buildings to be erected on the wharves at Lyttelton.

It shall not be lawful to erect upon any part of the land herein described as the wharves at Lyttelton, any building of greater height than the level of the footway on the North side of Norwich Quay, opposite such building: and every

Conveyance or Lease of any part of such lands shall be made subject to the condition in this Clause contained.

3. Government domain, subject to Grant to Christ’s College, to be reserved for ever as the site of the residence of the chief Officer of the Government. The Land commonly known and described in the Schedule B to the Canterbury Association's Ordinance as the Government Domain, No. 25, shall, except such part as shall be comprised in any Grant which the Superintendent is hereinafter authorised to make to the Corporation of Christ's College, Canterbury, be reserved for ever as the site of the residence of the Superintendent or other Chief Officer of the Government of the said Province: Provided that not more than twenty acres of such land shall be occupied at one and the same time as

gardens, or cultivated as farm land, or used except as grass or pasture land, or for the purpose of plantations and pleasure grounds.

4. Hagley Park to be reserved for ever as a public park.

The land commonly known as Hagley Park, being part of the land numbered 24, and described as the ' Town Reserves " in the Schedule B to the Canterbury Association's Ordinance, bounded on the west and south by the road reserved along the boundary of the town reserves; on the north by the road reserved along the banks of the River Avon; on the east and south-east by the River Avon and the Lower Lincoln Road, shall be reserved for ever as a public park, and shall be open for the recreation and enjoyment of the public: Provided that it shall be

lawful for the Superintendent to set apart so much of the said land as he shall think fit for plantations, gardens, and places for public amusement, and to made Regulations for the use and preservation thereof, and to lay out public roads through the said Park, and to make Regulations from time to time for the depasturing of cattle therein.

5. Lands in Hagley Park may be let.

It shall be lawful for the Superintendent, anything herein contained to the contrary notwithstanding, to let the lands herein described as Hagley Park and the Government Domain, or any part thereof respectively, upon lease, for any term not exceeding seven years in possession, at the best improved rent which can reasonable be obtained for the same: Provided that every such lease shall

contain a condition that the Land so let shall be given up at the expiration of such Lease laid down with good meadow grass, and fenced in with a sufficient fence within the meaning of the " Cattle Trespass Ordinance," in good repair.

6. Certain streets to be extended to meet the road round the boundary of the town reserves.

The streets hereinafter mentioned in the town of Christchurch shall be extended in straight lines to meet the road reserved round the boundary of the town reserves, that is to say: Durham-street, Colombo-street, Manchester-street and Madras-street in a northerly direction; Chester-street, Armagh-street, Gloucester- street, Worcester-street, Hereford-street, Cashel-street, Lichfield-street, Tuam-

street and St. Asaph-street in an easterly direction; Barbadoes-street, Madras- street, Manchester-street, Colombo-street, Durham-street, Montreal-street and Antigua-street in a southerly direction; and the land occupied by the continuation of the said streets, and all such other land within the said town reserves as shall be laid out and declared by the Superintendent to be public streets, shall be reserved as public roads, and shall thenceforth be and be deemed to be public highways to all intents and purposes whatsoever.

7. Road along the north, east, and south boundary of the town reserves, to be widened and denominated the Town Belt.

The road reserved along the north, east, and south boundary of the town reserves shall be extended to two chains in width throughout its whole length, and shall be denominated the " Town Belt :" Provided that it shall be lawful for

the Superintendent to reserve therefrom so much land as he shall think fit, and to lay out the same in plantations: Provided always, that the road along the said Town Belt shall not thereby be made narrower than thirty-three feet in any part thereof.

8. A portion of the Government Domain to be granted to Christ’s College. It shall be lawful for the Superintendent to convey, by way of free Grant, to the Corporation of Christ's College, Canterbury, a portion of ' the lands herein described as the " Government Domain," at Christchurch, not exceeding ten acres in extent, to be held by the said Corporation in trust as a site for the said College, and for grounds attached thereto: Provided that it shall be a condition of the said Grant that if the said lands be not occupied for the purpose aforesaid within three years from the passing of this Ordinance, or shall at any time thereafter cease to be so occupied, the said Lands shall revert to the Superintendent as though the said Grant had never been issued, and shall thenceforth constitute a part of the Government domain, as herein described.

9. A portion of the Town Reserves to be granted to the Free Church of

Scotland.

It shall be lawful for the Superintendent to convey, by way of free Grant, a portion of the lands herein described as the town reserves, not exceeding three acres in extent, to be held in trust as a site for a church and schools, and for the residences of a Clergyman and Schoolmaster in connection with the Free Church of Scotland: Provided that it shall be a condition of the said Grant, that if the said lands be not occupied for the purpose aforesaid within three years from the passing of this Ordinance, or shall at any time thereafter cease to be so

occupied, the said lands shall revert to the Superintendent as though the said Grant had never been issued, and may, at any time thereafter, be sold and disposed of as a portion of the town reserves, under the authority of this Ordinance.

10. Lands in Schedule B to the Canterbury Association’s Ordinance not mentioned in this Ordinance, or in the Schedule to be appropriated to the purposes for which they were reserved.

All the lands described in the Schedule B to the " Canterbury Association's Ordinance" which are not mentioned in this Ordinance or in the Schedule hereto annexed, shall, until further provision be made in that behalf, be appropriated to the several purposes for which the same were severally reserved

11. Sales and leases to be made by the Superintendent, in his name, and under the seal of the Province.

All sales and Leases hereby authorised to be made shall be made by the Superintendent, upon such terms and conditions, subject nevertheless to the conditions in this Ordinance contained, as the Superintendent shall, with the advice and consent of the Executive Council direct. And all such Conveyances and Leases shall be made by and in the name of the Superintendent, and shall be executed under the public seal of the Province.

12. Proceeds to be paid to the Provincial Treasurer for the Canterbury

Association’s Debentures Fund.

The proceeds of all sales and all rents payable under authority hereof, shall be paid to the Provincial Treasurer, who is hereby authorised to demand and receive, and to give receipts for the same; and shall be placed by him to the credit of a separate fund to be called the " Canterbury Association's Debentures Fund."

13. Interest on Debentures to be paid by rents. Principal by proceeds of sales.

The proceeds of all rents arising from the said property shall, after defraying the charges incurred in carrying out the provisions of this Ordinance, be applied solely to discharge the interest on the said Debentures, and, except as herein provided, to no other purpose whatsoever. And the proceeds of all sales of the said property shall, after defraying such charges as aforesaid, be applied solely to discharge the principal of such Debentures, and to no other purpose whatsoever: Provided that upon a Resolution of the Provincial Council to that effect, it shall be lawful to apply so much of the proceeds of such sales, and of any rents in excess of the annual interest from time to time as shall be named in such Resolution to the payment of the said Debentures, or of the interest due thereon.

14. Moneys to be issued by the Treasurer.

All Moneys of the said fund shall be issued by the Treasurer, in pursuance of Warrants under the hand of the Superintendent, to such persons, and in such portions as shall be mentioned in such Warrants. And the Treasurer shall be allowed credit in his Accounts for such sums only as he shall have so issued in pursuance of such Warrants.

15. Accounts to be laid before the Provincial Council.

Full and detailed Accounts of the receipts and expenditure on account of the said Fund, shall be laid before the Provincial Council within ten days after the opening of every Session of the same.

16. Title.

This Ordinance shall be entituled and may be cited as the "Canterbury

Association's Reserves Ordinance, Session V., No. 2.

Schedule.

No.

5. The Jail ... ... ... ... ... ... ... ... ... ... ... ...

10. Association's Offices ... ... ... ... ... ... ...

16. The Association's Store ... ... ... ... ... ...

29. The Hospital ... ... ... ... ... ... ... ... ... ...

32. Wharves and Stores ... ... ... ... ... ... ... ...

33. Boathouse, &c. ... ... ... ... ... ... ... ... ...

34. Agent's House and Offices,

Immigration Barracks, &c. ... ... ... ... ...

21. Botanical Garden ... ... ... ... ... ... ... ...

Part of the Lands described as

24. Town Reserves ... ... ... ... ... ... ... ... ...

Being all that part thereof not including the lands described in this Ordinance severally as

Hagley Park, the Town Belt, or as public highways, and not including the land which the Superintendent is hereby authorised to grant to the Members of the Free Church

of Scotland.

39. The Store at Sumner ... ... ... ... ... ... ...

44. The Wharf, Christchurch ... ... ... ... ... ...

47a. Heathcote Wharf ... ... ... ... ... ... ... ...

A. R. P.

0 3 28

0 0 16

0 0 30

0 1 17

1 0 10

0 1 27

Notes.

This Ordinance was passed by the Provincial Council on the 7th of October

1855, and assented by the Superintendent on 23rd October. It was amended by the “Canterbury Association's Reserves Amendment Ordinance, 1857,” Session VIII., No. 11, [1857], and has been further amended by the “Canterbury Association's Reserves Amendment Ordinance, 1858,” Session IX., No. 3.