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Diversion of Roads Special Ordinance No. 2 1872

3. Diversion of Roads, Special, No 2 Ordinance 1872

[16^th January 1872.]

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 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 hereafter 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 Schedules A and B to this Ordinance and delineated on the plan hereto annexed 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. Public road passing over parcels of land described in Schedule A shall be closed up.

From and after the passing of this Ordinance the public road passing over the parcel of land described in the Schedule A hereto and coloured Green on the Plan hereto annexed shall be closed up and shall cease to be a public road.

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

From and after the passing of this Ordinance the public road passing over the parcel of land described in the Schedule B hereto and coloured Pink on the Plan hereto annexed shall be closed up and shall cease to be a public road.

3. Title.

This Ordinance shall be intituled and may be cited as “The Diversion of Roads Special Ordinance No. 2 1872.”

Schedule. Schedule A.

All that piece or parcel of land containing by admeasurement one acre two roods and eight perches (more or less) being that portion of the road forming the eastern boundary of section 838 and extending northerly from a line in continuation of the northern boundary of Native Reserve No. 884 to the centre of the Waimataitai Creek and more particularly delineated and described on the Plan hereto annexed and coloured Green thereon.

Schedule B.

All that piece or parcel of land containing by admeasurement three acres two roods and thirty-two perches (more or less) being that portion of the road forming the eastern boundary of sections Nos. 838 and 8137 and extending northerly from the centre of the Waimataitai Creek to its junction with the Main South Road aud more particularly delineated and described on the Plan hereto annexed and coloured Pink thereon.