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Diversion of Roads Special Ordinance No. 4 1871

4. The Diversion of Roads Special Ordinance No. 4 1871.

[9^th 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 1 and the Schedule A 2 to this Ordinance and delineated on the Plan hereto annexed and thereon coloured Pink should become a Public Highway in lieu of the parcels of land mentioned and described in the Schedule B 1 and the Schedule B 2 to this Ordinance and delineated on the Plan hereto annexed and thereon coloured Green and that the said last- mentioned parcels of land should cease to be a public road.

And whereas William Guise Brittan and Jane Deans have conveyed the parcel of land mentioned in Schedule A 1 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 in the Schedule B 1 to this Ordinance should be given to the said William Guise Brittan and Jane Deans in exchange for the parcel of land conveyed by them as aforesaid.

And whereas James Young Deans has conveyed the parcel of land mentioned in Schedule A 2 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 in the Schedule B 2 to this Ordinance should be given to the said James Young Deans in exchange for the parcel 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 A1 and A2 shall be Public

Highway.

From and after the passing of this Ordinance the parcels of land so conveyed as aforesaid and more particularly described in the Schedule A 1 and the Schedule

A 2 hereto and coloured Pink on the Plan hereto annexed shall be and remain for ever a Public Highway.

2. Public road passing over parcel of land described in Schedule B1, shall be closed up, and said parcel of land shall be granted to William Guise Brittan and Jane Deans.

From and after the passing of this Ordinance the Public Road Public passing

over the parcel of land described in the Schedule B 1 hereto and coloured Green on the Plan hereto annexed shall closed up and the said parcel of land shall be granted to the said William Guise and Jane Deans their heirs and assigns for ever in exchange for the parcel of land conveyed by them as aforesaid.

3. Public roads passing over parcel of land described in Schedule B2 shall be closed up, and said parcel of land shall be granted to James Young Deans.

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 and the said parcel of land shall be granted to the said James Young Deans his heirs and assigns for ever in exchange for the parcel of land conveyed by him as aforesaid.

4. Title.

This Ordinance shall be intituled and may be cited as “The Diversion of Roads Special Ordinance No. 4 1871.”

Schedule A1.

All that Piece or Parcel of Land one chain wide containing by admeasurement two acres and thirty-three perches more or less being part of rural sections Nos.

2667 3162 4864 and 2668 on the Map of the Chief Surveyor of the Province of Canterbury setting out and describing the rural land in the Malvern District the centre line commencing at a point on the western side of the Racecourse Hill and Kowai road situate 10 chains 11 links south of the Homebush and Coal road thence south-westerly following a straight line at an angle of 58 deg. 45 min. with the first-mentioned road a distance of 22 chains 10 links to the Home-bush and Coal road before-mentioned and more particularly delineated and described by the plan hereunto annexed and coloured pink thereon.

Schedule A2.

All that Piece or Parcel of Land one chain wide containing by admeasurement three acres three roods and thirty-two perches more or less being part of rural sections numbered 3985 3838 3839 4010 4011 4116 4117 4118 and 4119 on the Map of the Chief Surveyor of the Province of Canterbury setting out and describing the rural land in the Malvern District commencing at the intersection of the western side of the Homebush and Coal road by the south-eastern boundary of section No. 2668 and running in a southerly direction a distance on the average of about thirty-nine chains fifty-six links to the road before-mentioned and more particularly delineated and described by the plan hereunto annexed and coloured Pink thereon.

Schedule B1.

All that Piece or Parcel of Land one chain wide containing by admeasurement two acres three roods and thirty-five perches more or less being that portion of the Homebush and Coal road passing through Sections numbered 2667 3162 4864 and 2668 on the Map of the Chief Surveyor of the Province of Canterbury setting out and describing the rural land in the Malvern District and extending from the Racecourse Hill and Kowai road a distance on the average of about twenty-nine chains seventy links and more particularly delineated and described by the plan hereunto annexed and coloured Green thereon.

Schedule B2.

All that Piece or Parcel of Land one chain wide containing by admeasurement three acres two roods and thirty-two perches more or less being that portion of the Homebush and Coal road passing through Sections numbered 3985 3838 3839 4010 4011 4116 4117 4118 and 4119 on the Map of the Chief Surveyor of the Province of Canterbury setting out and describing the rural land in the Malvern District commencing at a point on the eastern side of the proposed new line of road through the above-mentioned sections situate about ten chains eighty links north-east of the westernmost corner of section 2668 running in a southerly direction a distance on the average of about thirty-seven chains till it meets the proposed new line of road above-mentioned and more particularly delineated and described by the plan hereunto annexed and coloured Green thereon.