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Diversion of Roads Special Ordinance No. 3 1871

3. The Diversion of Roads Special Ordinance No. 3 1871.

[9th August 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 parcel of land mentioned and described in the Schedule B to this Ordinance and delineated on the Plan hereto annexed and thereon coloured Green and that the said last-mentioned parcel of land should cease to be a Public Road.

And whereas Amos Green hath conveyed the parcels of land mentioned and described in the 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 and described in the Schedule B to this Ordinance should be given to the said Amos Green 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. shall be Public Highway. From and after the passing of this Ordinance the parcels of land conveyed as aforesaid by the said Amos Green 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 Roads passing over parcel of land described in Schedule B shall be closed up, and said parcel of land granted to Amos Green.

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 Green on the Plan hereto annexed shall be closed up the said parcel of land shall be granted to the said Amos Green his heirs and assigns for ever in exchange for the parcels of land conveyed by him as aforesaid.

3. Title.

This Ordinance shall be intituled and may be cited as “The Diversion of Roads special Ordinance No. 3 1871.”


Schedule A.

All that Piece or Parcel of Land containing by admeasurement one rood and twenty-seven perches more or less being part of rural section numbered 1832 on the Map of the Chief Surveyor of the Province of Canterbury setting out and describing the rural land on Banks Peninsula commencing at a point on the north-west boundary of the said section situate about six chains twenty links from the north-western corner thereof thence following a line in a northerly and easterly direction to the north-west corner of section 5479 thence westerly following the continuation of the road forming the northern boundary of the latter section to the north-west boundary of section 1832 before mentioned and from thence returning along the same to the commencing point 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 one acre one rood and eight perches more or less being part of rural section numbered 409 on the Map of the Chief Surveyor of the Province of Canterbury setting out and describing the rural land on Banks Peninsula commencing at a point on the north-west boundary of the said section where it is intersected by the southern side of the road passing through section 773 thence following a line in an easterly and south-easterly direction a distance of about fifteen chains to the road separating sections 409 and 1832 thence north-easterly following that road a distance of about one chain fifteen links thence westerly following a line parallel to the first-described boundary and distant one chain therefrom to the road first- mentioned and from thence returning along the same to the commencing point and more particularly delineated and described by the plan hereunto annexed and coloured pink thereon.


Schedule B.

All that Piece or Parcel of Land containing by admeasurement one acre two roods more or less being portions of the roads respectively running through section numbered 409 and dividing that section from section No. 1832 and more particularly delineated and described by the plan hereunto annexed and coloured green thereon.


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