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Canterbury Provincial Ordinances |
15. The Diversion of Roads Special Ordinance No 3 Ordinance
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:
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.
3. Title.
This Ordinance shall be intituled and may be cited as “The Diversion of
Roads Special Ordinance No. 3, 1875.”
Schedule.
First Column.
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Second Column.
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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.
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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.
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URL: http://www.nzlii.org/nz/legis/can_ord/dorson31875336