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Diversion of Roads Special Ordinance no.2 1867

10. The Diversion of Roads Special Ordinance No. 2, 1867.

Analysis. Preamble.

1. Land described to be Public Highway.

2. Road described to be closed up.

3. Title.

Whereas by an Act of the General Assembly of New Zealand entituled "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 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 sold exchanged or disposed of:

And whereas by an Act of the General Assembly of New Zealand entituled “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 Subsection of the Nineteenth Section of the Constitution Act 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 by an Ordinance of the Superinendent and Provincial Council of the Province of Canterbury entituled “The Roads Diversion Ordinance Session XI. No. 3” it is ordained that excepting as therein provided no public road shall

be closed up or diverted except under the authority of a Special Ordinance of the

Superintenent and Provincial Council in that behalf:

And whereas it is for the public benefit that the parcel of land mentioned and described in the first Schedule hereto and in the plan hereunto annexed should become a Public Highway in lieu of the parcel of land mentioned and described in the second Schedule hereto and in the plan hereunto annexed and that the said last mentioned parcel of land should cease to be a Public Road.

And whereas Matthew Eaglesome of Graingeston Farm Lower Lincoln Road farmer hath conveyed the parcel of land mentioned in the first Schedule to the Superintendent of the Province of Canterbury and his successors upon trust for a Public Highway and upon the treaty for such conveyance it was agreed that the said parcel of land mentioned ion the said second Schedule should be given to the said Matthew Eaglesome in exchange for the parcel of land conveyed by him as aforesaid.

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

1. Land described to be Public Highway.

From and after the passing of this Ordinance the parcel of land so conveyed as aforesaid by the said Matthew Eaglesome and more particularly described in the first Schedule hereto and in the plan hereunto annexed shall be and remain for ever a Public Highway.

2. Road described to be closed up.

From and after the passing of this Ordinance the Public Road passing over the parcel of land described in the Second Schedule hereto and in the plan hereunto annexed shall be closed up and the said parcel of land shall be granted to the said Matthew Eaglesome his heirs and assigns for ever in exchange for the parcel of land conveyed by him as aforesaid.

3. Title.

This Ordinance shall be entituled, and may be cited as "The Diversion of Roads

Special Ordinance No. 2, 1867." Schedule A.

Schedule B.

Notes.

This Ordinance was passed by the Provincial Council on 12th July 1867, and was assented to on 20th July of that year.