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Diversion of Roads Special Ordinance No. 2 1871

2. Diversion of Roads, Special No 2 Ordinance 1871

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 sold exchanged or disposed of.

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 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 it is for the public benefit that the parcels of land mentioned and described in the Schedule A to this Ordinance and delineated on the Plan hereto annexed and thereon coloured Pink should become a Public Highway in lieu of the parcels of land mentioned and described in The Schedule B to this Ordinance and delineated on the Plan hereto annexed and thereon coloured Green and Yellow and that the said last-mentioned parcels of land should cease to be a Public Road.

And whereas Samuel Bealey has conveyed the parcels of land mentioned in Schedule A to this Ordinance to the Superintendent of the Province of Canterbury and his successors upon trust for a Public Highway and upon the treaty for the said conveyance it was agreed that the parcel of land mentioned in the Schedule B to this Ordinance and coloured Yellow on the Plan hereto annexed should be given to the said Samuel Bealey in exchange for the parcels of land conveyed by him as aforesaid.

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

1. Parcels of land described in Schedule A to be public highway.

From and after the passing of this Ordinance the parcels of land so conveyed as aforesaid and more particularly described in the Schedule A hereto and coloured Pink on the Plan hereto annexed shall be and remain for ever a Public Highway.

2. Public road passing over parcels of land described in Schedule B shall be closed up.

From and after the passing of this Ordinance the Public Road passing over the parcels of land described in the Schedule B hereto and coloured Green and Yellow on the Plan hereto annexed shall be closed

3. Parcel of land described in Schedule B and coloured yellow on plan to be conveyed to Samuel Bealey.

The parcel of land mentioned and described in the Schedule B hereto and coloured Yellow on the Plan hereto annexed shall be granted to the said Samuel Bealey his heirs and assigns for ever in exchange for the parcels of land conveyed by him as aforesaid.

4. Title.

This Ordinance shall be intituled and may be cited as “The Diversion of Roads Special Ordinance No. 2 1871.”

Schedule A.

All that Piece or Parcel of Land one chain wide containing by admeasurement three acres three roods and six perches more or less being part of Rural Sections numbered 6845 7441 and 10108 on the Map of the Chief Surveyor of the Province of Canterbury setting out and describing the rural land in the Malvern district the centre line commencing at a point on the north-western boundary of the latter section seven chains sixty links distant from the south- western corner thereof and extending in an easterly and south-westerly direction a distance on the average of thirty-seven chains ninety links to the south-east corner of the before-mentioned sections 6845 and 7441 and more particularly delineated and described by the plan hereunto annexed and coloured pink thereon.

All that Piece or parcel of Land one chain wide containing by admeasurement two roods and thirty-two perches more or less being part of rural section numbered 10608 on the Map of the Chief Surveyor of the Province of Canterbury setting out and describing the rural land in the Malvern district the centre line commencing at a point on the north-western boundary of the said section situate five chains forty links from the south-western corner thereof and following a straight line in an easterly direction a distance of seven chains crossing the

south-eastern boundary of the said section at a point being six chains seventy links from its south-eastern corner being bounded on the westward and eastward respectively by the north-western and south-eastern boundary lines of the said section 10608 and more particularly delineated and described by the plan hereunto annexed and coloured pink thereon.

All that Piece or Parcel of Land one chain wide containing by admeasurement two roods and twenty perches more or less being part of rural section numbered 10609 on the Map of the Chief Surveyor of the Province of Canterbury setting out and describing the rural land in the Malvern district the centre line commencing at a point on the north-western boundary of the said section situate three chains twenty links from the south-western corner thereof and following a straight line in an easterly direction a distance of six chains thirty links crossing the south- eastern ,boundary of the said section at a point being four chains forty links from its south-eastern corner being bounded on the westward and eastward respectively by the north-western and south-eastern boundary lines of the aforesaid section 10609 and more particularly delineated and described, by the plan hereunto annexed and coloured pink thereon.

Schedule B.

All that Piece or Parcel of Land one chain wide containing by admeasurement two acres one rood and thirty-five perches more or less being that portion of Bealey’s Road twenty-four chains seventy links in length extending from the road forming the south-eastern boundary of section 10610 to the road passing through section 10103 and more particularly delineated and described by the plan hereunto annexed and coloured Green thereon.

All that Piece or Parcel of Land one chain wide containing by admeasurement four acres two roods and four perches more or less being that portion of Bealey’s Road forty-five chains thirty links in length extending from the road forming the south-eastern boundary of section 10610 to a line being in continuation of the north-western boundary of section 10609 and more particularly delineated and described by the plan hereunto annexed and coloured yellow thereon.

All that Piece or Parcel of Land one chain wide containing by admeasurement one acre two roods four perches more or less being that portion of Bealey’s Road fifteen chains thirty links in length extending westerly from the continuation of the north-western boundary line of section 1069 to the proposed new road through sections 10608 and 10609 and more particularly delineated and described by the plan hereunto annexed and coloured Green thereon.