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Canterbury Provincial Ordinances |
16. Diversion of Roads, Special No 5 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:
Be it therefore enacted by the Superintendent of the said Province with the
advice and consent of the Provincial Council thereof as
follows:
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 transferred 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 parcel of land described in the
second column of the said Schedule shall be stopped up.
2. Title.
This Ordinance shall be intituled and may be cited as “The Diversion of
Roads Special Ordinance No. 5, 1875.”
Mount Somers Road District. Gould and Cameron’s.
Schedule.
First Column.
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Second Column.
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All that piece or parcel of land being part of rural section No. 5127
containing by admeasurement 2 roods and 6 perches more or less
bounded on the
northward by the northern boundary of section 5127 on the southward by the road
forming the southern boundary thereof
on the eastward by a line drawn from a
point on the northern boundary of the said section about 30 chains 40 links from
the north-
eastern corner thereof to a point on the southern boundary of the
same section about 32 chains from its easternmost corner and on
the westward by
a line parallel to the eastern boundary and one chain distant therefrom and more
particularly delineated and described
by the plan hereunto annexed and coloured
red thereon.
All that piece or parcel of land being part of rural section No. 16559
containing by admeasurement 2 roods 3 perches more or less
bounded on the
northwestward and south-eastward respectively by the north-western and
south-eastern boundaries of the said section
on the eastward by a line drawn
from a point on the aforesaid north-western boundary about 1 chain 70 links from
the northernmost
corner of section 16559 to a point on the south-eastern
boundary of the same section about 3 chains from the easternmost corner
thereof
and on the westward by a line parallel to the eastern boundary and one chain
distant therefrom 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 12 acres and 6
perches more or less being that portion
of the road forming the south-western boundary of section 14933 extending
from the road forming the north-eastern boundary of section
15003 and also from
the proposed new road running through sections Nos. 16559 and 5127 to the road
forming the southern boundary
of the latter section 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/dorson51875336