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Diversion of Roads Special Ordinance No.4 1873

4. The Diversion of Roads Special Ordinance No. 4 1873.

[23^rd January 1874.]

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 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 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 parcels of land mentioned and described in Schedule B. 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 Sir John Cracroft Wilson C.B. hath conveyed the parcel of land mentioned and described in 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 parcels of land mentioned and described in the Schedule B to this Ordinance should be given to the said Sir John Cracroft Wilson C.B. 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. Road described in Schedule A to be Public Road.

From and after the passing of this Ordinance the parcel of land conveyed as aforesaid by the said Sir John Cracroft Wilson C.B. 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. Road described in Schedule B to be closed up, and said land to be granted to Sir J.C. Wilson.

From and after the passing of this Ordinance the Public Road passing over the parcels of land described Schedule B hereto and coloured Green on the Plan hereto annexed shall be closed up and the said parcels of land shall be granted to the said Sir John Cracroft Wilson C.B. his heirs and assigns for ever in exchange for the parcel 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.4 1873.”

Schedules.

Mount Peel Road District. Schedule. A.

All that piece or parcel of land one chain wide containing by admeasurement one acre two roods sixteen perches (more or less) being part of Rural Section 1415 the western boundary of the said piece of land commencing at a point on the southern boundary of the said section situate about twenty-one chains twenty links east of the north-west corner of section 3309 and running north-westerly and north-easterly to a point on the northern boundary of section 1415 distant about three chains thirty links from the north-eastern corner thereof bounded on the eastward by lines parallel to and one chain distant from the western boundary on the southward by section 3309 and on the northward by the northern boundary of section 1415 above-mentioned and more particularly delineated and described on the plan hereunto annexed and coloured Pink thereon.

Schedule B.

All that piece or parcel of land containing by admeasurement one acre and thirty- three perches (more or less) being that portion of the Old Road passing through section 1415 bounded on the northward by the northern boundary of the said section on the southward and partly on the westward by the new line of road running through the same section and more particularly delineated and described by the plan hereunto annexed and coloured Green thereon.

Also all that piece or parcel of land containing by admeasurement seven perches (more or less) being that portion of the Old Road passing through section 1415 bounded on the westward by the western side of the said road on the eastward by the new line of road and on the southward by the southern boundary of the aforesaid section 1415 and more particularly delineated and described by the plan hereunto annexed and coloured Green thereon.