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Canterbury Provincial Ordinances |
14. The Diversion of Roads Special Ordinance No. 2, 1873.
[18th 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 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 described
in the first column of the Schedule hereto should become
a public highway in
lieu of the parcels of land described in the second column of the said Schedule
and that the last-mentioned parcels
of land should cease to be a public road and
should be granted in exchange for the first-mentioned parcels of land in manner
hereinafter
mentioned:
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 second column of Schedule shall be stopped up.
When and so soon as all the parcels of land described in the first column of
Schedule hereto 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 a public highway passing over the
parcels of land described in the
second column of the said Schedule shall be stopped up.
2. Parcels of land described in second column of Schedule shall be granted to persons conveying parcels of land described in first column.
When and so soon as all the parcels of land described in the first column of
the Schedule have been so conveyed each parcel of land
described in the second
column of the said Schedule shall be granted in fee to the person or persons
severally conveying the parcels
of land in the first column in exchange for the
land conveyed by them.
3. Title.
This Ordinance shall be intituled and may be cited as “The Diversion of
Roads Special Ordinance No. 2 1873.”
Schedule.
First Column.
|
Second Column.
|
All that piece or parcel of land 1 chain
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All that piece or parcel of land 1 chain
|
wide containing by admeasurement 37 acres 2 roods (more or less) commencing at a point on the Rakaia Road south situate about 7 chains west of the south-eastern corner of section
15380 and running in a north-westerly direction partly through sections 14808
7314 7325 14576 7324 and 7245 a distance of about 4 miles 56 chains and more
particularly delineated and described on the plan hereunto
annexed and coloured
red thereon.
Also all that piece or parcel of land 1 chain wide containing by admeasurement 18 acres 2 roods (more
or less) commencing at the termination of the road above described within section
7245 and running in a westerly direction partly through sections 7245 and 7244 a distance of about 2 miles 26 chains to a point on the Rakaia Road south situate about 30 chains west of the intersection of that road by the continuation of the road separating sections 15580 and
15582 and more particularly delineated and described on the plan hereunto annexed and coloured blue thereon.
wide being that portion of the Rakaia Road south containing by admeasurement
55 acres 3 roods (more or less) commencing at a point
on the southern boundary
of section 15380 situate about 7 chains west of the south- eastern corner
thereof and running in a north-westerly
direction a distance of about 6 miles 78
chains to a point about
30 chains west of the intersection of the
above-mentioned road by the continuation of the road dividing sections
15580
and 15582 save and except that portion of the latter road which crosses the
above-described land and leads to the River Rakaia.
All that
piece or parcel of land 1 chain wide containing by admeasurement 2 acres 2 roods
(more or less) being that portion of the
road within H. P.R. on Run No. 116
branching from the Rakaia Road south and running in a south-westerly direction a
distance of about
26 chains to the proposed diversion of road running through
section 7324 which said roads proposed to be abandoned and more particularly
delineated and described on the plan hereunto annexed and coloured yellow
thereon.
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URL: http://www.nzlii.org/nz/legis/can_ord/dorson21873336