Diversion of Roads Special Ordinance No. 3 1875

"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:

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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 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. 3, 1875.”

First Column.

Second Column.

All that piece or parcel of land one chain wide containing by admeasurement four acres two roods and five perches more or less being part of rural section No.

6309 the centre line of which commences at a point on the north- western side of the Great South Road distant three chains eighty-one links from the easternmost corner of section 6286 thence north-westerly at a right angle

with the said road thirty .six chains forty links thence north-easterly at an angle of one hundred and twenty-six deg. five chains sixty-six links thence northerly at an angle of one hundred and fifty-two deg. twenty-six min. a distance of about three chains thirty links being bounded on the south-eastward by the Great South Road aforesaid on the north- eastward and south-westward respectively by lines parallel to and fifty links distant from the centre lines above described and on the north-westward by the road forming the north-western boundary of the aforesaid section No 6309 and more particularly delineated and described by the plan hereunto annexed and coloured red thereon.

All that piece or parcel of land containing by admeasurement six acres and sixteen perches more or less being that portion

of the road one chain wide forming the north-western boundary of section 6286 extending from the proposed new road through section No. 6309 to a line in continuation of the western boundary of Section 16587 bounded on the north- westward by sections Nos. 16587 and

17030 and on the south-eastward by sections Nos. 6286 and 6309 and more particularly delineated and described by the plan hereunto annexed and coloured green thereon.

Canterbury Provincial Ordinances

Diversion of Roads Special Ordinance No. 3 1875