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Cathedral Square Ordinance 1864

4. The Cathedral Square Ordinance 1864

Analysis. Preamble.

1. Repealing Clause.

2. Lawful for the Superintendent to divert a certain highway, and to construct a public highway through section named in Ordinance, Sess. X., No. 5.

3. Land as described to be held by Superintendent as Cathedral site.

4. Land remaining to be held for public service as specified.

5. Title.

Whereas by an Act of the Parliament of New Zealand, passed in the Twenty-first and Twenty-second years of the reign of her Majesty Queen Victoria, entituled "The Highways and Watercourses Diversion Act, 1858," it was enacted "That it shall be lawful for the Superintendent of any Province, with the advice and consent of the Provincial Council thereof, by any Law or Ordinance to be made or ordained for that purpose, to authorise and empower the Superintendent to divert or stop up any public street, road, highway, or thoroughfare in any such Province, and also to sell, exchange, or otherwise dispose of the land over which any such public street, road, highway, or thoroughfare was laid out or passed And Whereas by a certain Ordinance of the Superintendent and Provincial Council of the Province of Canterbury intituled “Cathedral Square Ordinance Sess. X No. 5” it is enacted that it should be lawful for the Christ’s College Canterbury to convey to the Superintendent of the said Province for the time being a certai section of town land situate in the City of Christchurch in the said Province forming the centre of Cathedral Square within the said City and that there should be a highway one chain and a half in width with a public carriage way in the centre thereof of not less than fifty feet in width across the said certain section of land and that the remainder of the said section should be reserved for the purposes therein set forth And whereas by a certain other Ordinance of the Superintendent and Provincial Council of the said Province of Canterbury intituled “The Cathedral Square Ordinance Amendment Ordinance Sess. XI. No. 4” the last-recited Ordinance was repealed so far as regards the purposes for which the remainder of the said section was reserved and it was thereby enacted that the portion of the said section to the east of the said

highway should be reserved for the erection of a Cathedral in connection with the

Church of England which the said Superintendent upon the commencement of the building of the said athedral was thereby empowered and required to convey to the Bishop of Christchurch and his successors to be held in trust for the purpose aforesaid and the portion thereof to the west of the said highway as a public square or for plantations And whereas by a certain other Ordinance of the Superintendent and Provincial Council of the said Province of Canterbury

intituled “The Diversion of Roads Ordinance Sess. XI. No. 3” it is enacted that excepting as by Ordinance otherwise provided no public road shall be closed up or diverted and no new line of road shall be laid out or constructed over any private lands excepting under the authority of a Special Ordinance of the said Superintendent and Provincial Council And whereas it is expedient that the said highway reserved by the said recited Ordinance Sess. X. No. 5 should be closed up or diverted and a new line of highway be laid out or constructed in lieu thereof:

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

1. Repealing Clause.

The said recited Ordinance intituled “The Cathedral Square Ordinance

Amendment Ordinance Sess. XI. No. 4” is hereby repealed.

2. Lawful for the Superintendent to divert a certain highway, and to construct a public highway through section named in Ordinance, Sess. X., No. 5.

It shall be lawful for the Superintendent of the said Province to divert or stop up the highway together with the carriage way in the centre thereof reserved through the section of land situate in the City of Christchurch aforesaid mentioned in the said Ordinance Session X. No. 5 and the land forming such highway and

carriage way shall be vested in the Superintendent and his successors for the purposes hereinafter declared of and concerning the same And it shall be lawful for the Superintendent of the said Province to take all necessary steps for the laying out and construction of a public highway through the said section of land in the said Ordinance Sess. X No. 5 mentioned according to the description and along the line set forth in the Schedule A to this Ordinance and to enter upon and cause entrance to be made upon the section of land for the purpose of making such surveys as shall or may be required and to take possession and execute a deed of dedication if required of all the land required for the use f the said

highway or road along the line so set forth and described.

3. Land as described to be held by Superintendent as Cathedral site.

That portion of the said section of land described in the Schedule B to this Ordinance shall be held by the Superintendent of the Province for the time being and his successors as a site for the erection of a Cathedral in connection with the United Church of England and Ireland in New Zealand and upon trust as soon as the building of the said cathedral shall be commenced to convey the fee simple and inheritance in the same by deed unto the then Bishop of Christchurch and

his successors to be held in trust for the purpose aforesaid.

4. Land remaining to be held for public service as specified.

The remaining portions of the said section of land shall be held by the Superintendent of the said Province of Canterbury and his successors upon trust for the public service of the Province aforesaid as an open square or for plantations.

5. Title.

This Ordinance shall be intituled and may be cited as “The Cathedral Square

Ordinance 1864." Schedule A.

Bounded on the west by a line commencing at a point on the south side of the road on the north-west side of Cathedral Square the same being 30 links west of its intersection with the western side of Colombo Street following a curved line (radius 3 chains 75 links) to a point on the north side of the road on the south- west side of Cathedral Square the same being 30 links west of its intersection with the western side of Colombo Street bounded on the east by a line parallel to and 1 chain distant from the western boundary.

Schedule B.

All that piece or parcel of land containing 1 acre 1 rood and 37 perches more or less commencing at the south-west angle of the road reserved on the north-east side of Cathedral Square following due north along the west side of that road a distance of 85 links thence due west at a right angle a distance 2 chains 45 links to the continuation of the western side of Colombo Street thence following a curve (radius 2 chains 75 links) to the continuation of the western side of Colombo Street before mentioned thence due east a distance of 2 chains 45 links to the western side of the street on the south-eastern side of Cathedral

Square following due north along that road a distance of 85 links thence due east along the northern side of that street a distance of 1 chain 30 links thence following a curve (radius 1 chain) to the street on the north-east side of Cathedral Square before mentioned and following due west along that street a distance of 1 chain 30 links to the commencing point.

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 30th August

1864, and assented to by the Superintendent on 31st August.