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Diversion of Roads Special Ordinance No.5 1874

8. The Diversion of Roads Special Ordinance No. 5 1874.

[23rd 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 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 thereafter should be a public street road highway or thoroughfare.

And whereas it is for the public benefit that the parcel of land described in the first column of the Schedule hereto should become a public highway in lieu of the parcel of land described in the second column of the said Schedule and that the last-mentioned parcel 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. Land described in first column of Schedule be transferred to
Superintendent for Public Road.
When and so soon as the parcel of land described in the first column of the Schedule hereto shall have been transferred to the Superintendent and his successors for a public road the same shall be and remain for ever a public highway and a public highway passing over the parcel of land described in the second column of the said Schedule shall be stopped up.

2. Land described in second column of Schedule to be given in exchange for land described in first Schedule.
When and so soon as the parcel of land described in the first column of the said Schedule has been so transferred as aforesaid the parcel of land described in the second column of the said Schedule shall be granted in fee to the persons transferring the parcel of land described in the first column in exchange for the land transferred by them.

3. Title.
This Ordinance shall be intituled and may be cited as “The Diversion of Roads

First Column
Second Column.
All that parcel of land containing by admeasurement one rood thirty-four perches, more or less, and being part of the Section No. 18695 on the Record Map of the said Province of Canterbury, setting out the District of Malvern, and being fifty.five links wide, commencing at the north-west corner of the said section, and bounded on the east for a distance
All that parcel of land containing by admeasurement one rood and thirty-five perches fifty-one links wide, being portion of the road abutting on the Road and Tramway Reserve No. 1601 (in red), commencing at the north-east corner of Rural Section 12778, bounded on the south-west for a distance of nine chains ninety-four links by said section last


Special Ordinance No. 5 1874.”

South Malvern Road District. Schedule.

Schedule

First Column

All that parcel of land containing by admeasurement one rood thirty-four perches, more or less, and being part of the Section No. 18695 on the Record Map of the said Province of Canterbury, setting out the District of Malvern, and being fifty.five links wide, commencing at the north-west corner of the said section, and bounded on the east for a distance of ten chains by other part of the said section 18695, and on the other side for a distance of ten chains thirty-one links by the Road and Tramway Reserve No.1601. (in red) and more particularly delineated and described in the plan hereunto annexed and coloured Blue thereon.

Second Column

All that parcel of land containing by admeasurement one rood and thirty-five perches fifty-one links wide, being portion of the road abutting on the Road and Tramway Reserve No. 1601 (in red), commencing at the north-east corner of Rural Section 12778, bounded on the south-west for a distance of nine chains ninety-four links by said section last mentioned; and on the east for a distance of ten chains sixty-eight links by other part of road first mentioned; and on the north-west for a distance of ninety- four links by Rural Section 16876, which said portion of the road proposed to be abandoned is more particularly delineated on the plan hereunto annexed and coloured Yellow thereon.


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