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Diversion of Roads Special Ordinance No. 1 1873

7. The Diversion of Roads Special Ordinance, No. 1, 1873.

[16^th June 1873.]

Whereas by an Act of the General Assembly of New Zealand intituled “The Highways and Watercourses Diversion Act 1858” it is 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 exchange the land over which any such public street road highway or thoroughfare was laid out or passed And also that it should be lawful for the Governor in the name and on behalf of Her Majesty to make and execute Crown Grants of any land which should be so exchanged.

And whereas by an Act of the General Assembly of New Zealand intituled “The Provincial Council Powers Extension Act 1865” it is enacted that it shall be lawful for the Superintendent and Provincial Council of any Province and notwithstanding the restriction contained in the Tenth Sub-section of the Nineteenth Section of the Constitution to ordain or pass any Law or Ordinance which but for such restriction might have been ordained or passed by such Superintendent and Council affecting any part of the Waste Lands of the Crown within the Province which then was or thereafter should be a public street road highway or thoroughfare.

And whereas it is for the public benefit that the parcels of land described in the Schedule A hereto should become a public highway in lieu of the parcels of land described in the Schedule B hereto and that the last mentioned parcels of land should cease to be a public road.

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

1. When land described in Schedule A is conveyed to Superintendent for public highway, the road described in Schedule B to be stopped up. When and so soon as the parcel of land described in the Schedule A hereto

numbered therein have shall have been conveyed to the Superintendent and his successors for a public road the same shall be and remain for ever a public highway and the public highway passing over the parcels of land described in the Schedule B hereto shall be stopped up_.

2. Title.

This Ordinance shall be intituled and may be cited as “The Diversion of Roads Special Ordinance No. 1 1873.

Geraldine Road Board – South of River Orari. Schedule A.

1. All that piece or parcel of land one chain wide or thereabouts containing by admeasurement 3 acres 1 rood (more or less) commencing on the western side of the South Road where it is crossed by the proposed embankment in connection with the protective works of the southern bank of the Orari river and running in a north-westerly direction through sections 3163 and 4233 and parallel to the embankment above mentioned a distance of 33 chains 40 links being bounded on the westward by a line in continuation of the north-western boundary of section No. 4233 and on the eastward by the South Road save and except that portion of the Orari and Pleasant Valley Road which crosses the above described land for which road allowance has been made in the acreage.

Schedule B.

All that piece or parcel of land 1 chain wide containing by admeasurement 3 acres and 36 perches (more or less) being that portion of the road south of the Orari leading from the south Road in a north-westerly direction by trig, pole No.

12 extending from the north-western boundary of section 4233 north-westerly a distance on the average of about 32 chains 30 links to the proposed new road running through sections 3163 and 4283.

All that piece or parcel of land 1 chain wide containing by admeasurement 2 acres 2 roods and 83perches (more or less) being that portion of the road passing through section No. 3163 bounded on the westward by a line in continuation of the south-eastern boundary of 4233 and on the eastward by the South Road.

All that piece or parcel of land 1 chain wide containing by admeasurement 2 roods and 24 perches (more or less) being that portion of the road passing through section 4233 and running in a north-westerly direction by trig, station No.

12 bounded on the north-westward by a line in continuation of the north-western boundary of said section 4233 and on the eastward by a line in continuation of the north-western boundary of section 3163.

All that piece or parcel of land 1 chain wide containing by admeasurement 38 perches (more or less) being that portion of the Orari and Pleasant Valley Road within the boundaries of section 4283 and extending from the proposed new road through that section to the road leading from the South Road in a north-westerly direction by trig. pole No. 12.