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Diversion of Roads Special Ordinance No. 4 1872

5. The Diversion of Roads Special Ordinance No. 4 1872.

[16th January 1872.]

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 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 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 thereafter should be a public street road highway or thoroughfare:

And whereas it is for the public benefit that the parcel of land mentioned and described in the Schedule A to this Ordinance should become a Public Highway in lieu of the parcels of land mentioned and described in the Schedule B to this Ordinance and that the said last mentioned parcels of land should cease to be a public road and should be granted in exchange for the first-mentioned parcel of land in 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. Public road passing over parcels of land described in Schedule B shall be stopped up.

When and so soon as the parcel of land mentioned and described in the Schedule A 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 road passing over the parcels of land mentioned and described in the Schedule B hereto shall be stopped up.

2. Parcels of land described in Schedule B shall be granted to person conveying parcel of land described in Schedule A.

When and so soon as the parcel of land mentioned and described in the Schedule A hereto has been so conveyed the parcels of land mentioned and described in the Schedule B hereto shall be granted in fee to the person conveying the said first-mentioned parcel of land in exchange for the land conveyed by him.

3. Title.

This Ordinance shall be intituled and may be cited as “The Diversion of Roads Special Ordinance No. 4, 1872.”


Schedules. Schedule A.

All that piece or parcel of land one chain wide containing by admeasurement three acres and ten perches more or less being part of rural section No.12 bounded on the northward by the road reserved 25 feet wide along the southern bank of the main stream of the Waimairi river on the southward by the northern bank of the stream which forms part of the western boundary of section No. 163 and also by the road reserved along the said stream 50 links wide on the eastward by a straight line about 30 chains 10 links from the north-western corner of the aforesaid section No. 163 to a point on the northern-side of the road reserved 50 links wide along the stream forming part of the western boundary of section No. 163 the said point being distant about 23 chains 70 links from the south-eastern corner of section No. 12 and on the westward by a straight line parallel to and one chain distant from the last described boundary.


Schedule B.

All that piece or parcel of land containing by admeasurement four acres one rood and thirty-seven perches more or less being that portion of the road 25 feet wide situate on the southern bank of the main stream of the Waimairi and forming the northern boundary of rural section No. 12 extending north-westerly from the proposed road through that section a distance of about 118 chains to the western boundary of the said section.

All that piece or parcel of land containing by admeasurement one acre three roods more or less being that portion of the road 50 links wide forming the eastern boundary of rural section No.12 extending in a north-easterly direction from the proposed road through that section a distance of about 35 chains to within 25 feet of the southern bank of the Waimairi river.


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