Diversion of Roads Special Ordinance No. 2 1875

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:

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And whereas it is for the public benefit that 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 the 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. When lands described in first column of Schedule have been conveyed to Superintendent the public highway shall be stopped up.

When and so soon as all the parcels of land described in the first column of the 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 the public highway passing over the parcels of land described in the second column of the said Schedule shall be stopped up.

2. When lands described in first column of Schedule have been so conveyed lands described in second column shall be granted in fee to persons conveying same.

When and so soon as all the parcels of land described in the first column of the said Schedule shall 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 conveying the parcel of land standing opposite to it in the first column in exchange for the land conveyed by them.

This Ordinance shall be intituled and may be cited as “The Diversion of Roads Special Ordinance No. 2, 1875.”

First Column.

Second Column.

All that piece or parcel of land containing by admeasurement 4 acres 2 roods 4 perches (more or less) being part of rural sections Nos. 336 and 1007 commencing at a point on the northern side of the Beach Road forming the southern boundary of section 336 the said point being about 9 chains distant from the south-east corner thereof thence north- westerly by a line parallel to and 4 chains distant from the road forming part of the south western boundary of the aforesaid section No. 336 a distance of 24 chains

25 links thence northerly at an angle of

162deg. a distance of 18 chains 50 links thence north-easterly at an angle of

164deg. a distance of 4 chains to the Mill

Road passing through section No. 1007

in a north-easterly direction thence north- easterly along the south-eastern side of the latter road a distance of about 3 chains 30 links thence southerly by lines parallel to the western boundary and one chain distant therefrom to the Beach Road before mentioned and from thence returning westerly along the same to the commencing point and more particularly delineated and described by the plan hereunto annexed and coloured red thereon Save and except that portion of the road leading to Little Akaloa and also the road forming part of the north- western boundary of the aforesaid

section No. 336 which cross the above- described land for which roads allowance has been made in the acreage.

All that piece or parcel of land containing by admeasurement 33 perches (more or less) being part of rural section No. 1007 commencing at a point on the north-

All that piece or parcel of land containing by admeasurement 3 acres and 10 perches (more or less) being that portion of the Mill Road passing through rural sections Nos. 336 and 1007 and extending from the north-western boundary of the latter section to a line being in continuation of the north-western boundary of the School Reserve and

more particularly delineated and described by the plan hereunto annexed and coloured green thereon Save and except that portion of the above described land which is required in connection with the proposed new road passing through sections 336 and 1007.

All that piece or parcel of land containing by admeasurement 1 acre 2 roods 31 perches (more or less) being that portion of the road 1 chain wide forming part of

western boundary thereof where it is intersected by the north-western side of the Mill Road passing in a north-easterly direction through the aforesaid section

1007 thence south-westerly by a line bearing 191deg. (mag.) a distance of 7 chains to the road before mentioned and from thence returning north-easterly along the same to the commencing point and more particularly delineated and described by the plan hereunto annexed and coloured red thereon.

the north-eastern boundary of section No. 336 and extending from the south- eastern boundary of section 1759 in a north-westerly and south-westerly direction along the aforesaid section No.
336 to the Mill Road passing through sections Nos. 336 and 1007 and more particularly delineated and described by the plan hereto annexed and coloured green thereon. Save and except that portion of the above described land which is required in connection with the proposed new road passing through sections 336 and 1007.

Canterbury Provincial Ordinances

Diversion of Roads Special Ordinance No. 2 1875