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Diversion of Roads Special Ordinance No. 6 1872

1. The Diversion of Roads Special Ordinance No. 6 1872.

[24th December 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.

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 A hereto and coloured pink on the Plan hereto annexed should become a public highway in lieu of the parcels of land described in the second column of the said Schedule and coloured green on the Plan hereto annexed 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 manner hereinafter mentioned.

And whereas it is for the public benefit that the parcel of land described in the Schedule B hereto and coloured green on the Plan hereto annexed should cease to be a public road:

Be it therefore enacted by the Superintendent of the said Province of Canterbury, with the advice and consent of the Provincial Council thereof, as follows:

1. Land conveyed to become highway and old road to be stopped up. When and so soon as the parcels of land described in the first column of 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 a public highway passing over the parcels of land described in the second column of the said Schedule A and the parcel of land described in Schedule B hereto shall be stopped up.

2. Land over which old road passed to be granted in exchange for land conveyed.

When and so soon as the parcels of land described in the first column of the said Schedule has been so conveyed each parcel of land described in the second column of the said Schedule shall be granted in fee to the persons conveying the parcel of land standing opposite to it in the first column in exchange for the land conveyed by them.

3. Title.

This Ordinance shall be inituled and may be cited as “The Diversion of Roads Special Ordinance No. 6 1872.”


Schedule.

Locality – Malvern District, near Russell’s Flat.


First Column
Second Column
All that piece or parcel of land one chain wide being part of rural section
9986 containing by admeasurement one acre and thirty perches more or less the centre line of which commences at a point on the north- eastern boundary of section 9281.
situate 2 chains 14 links from the north- eastern corner thereof thence north- easterly following a line at an angle of
78 deg. 48 mm. with the said north- eastern boundary a distance of 3 chains, 67 links thence north-easterly at an angle of 171 deg. 58 min. a distance of 5 chains, 69 links thence south-easterly at an angle of 164 deg.
6 min, a distance of about 2 chains 50 links bounded on the north-westward and south-eastward by lines respectively parallel to and 50 links distant from the centre line above described on the south-westward by section 9231 and on the north- eastward by the north-eastern boundary of section 9986 and more particularly delineated and described by the plan hereunto annexed and coloured pink thereon.
All that piece or parcel of land one chain wide being part of rural section
9231 containing by admeasurement one acre and eight perches more or less the centre line of which commences at a point on the north-
All that piece or parcel of land one chain wide containing by admeasurement one acre two roods and three perches more or less being that portion of the road originally surveyed and situate within rural section 9986 and more particularly delineated and described by the plan hereunto annexed and coloured green thereon.
























All that piece or parcel of land one chain wide containing by admeasurement one acre one rood and twenty-four perches more or less being that portion of the road originally surveyed and situate within rural

eastern boundary of the said section situate 2 chains 14 links from the north- eastern corner thereof thence south- westerly at an angle of 101 deg. 12

min. with the said north-eastern boundary a distance of 7 chains 43 links thence again south-westerly at an angle of 156 deg. 48 min a distance of

8 chains 18 links bounded on the north- westward and south-eastward by lines respectively parallel to and 50 links distant from the centre line above described on the south-westward by section 10231 and on the north- eastward by section 9986 and more particularly delineated and described

by the plan hereunto annexed and coloured pink thereon.

All that piece or parcel of land one chain wide being part of rural section

10231 containing by admeasurement two roods five perches more or less bounded on the south-westward by section 10232 on the north eastward by section 9231 on the north-westward by a straight line drawn from a point on

the north-eastern boundary of section

10231 seventy-one links distant from the north-eastern corner thereof to a point on the south-western boundary of the same section situate 2 chains 54 links from its north-west corner and on the south-eastward by a line parallel to and one chain distant from the last described boundary and more particularly delineated and described

by the plan hereunto annexed and coloured pink thereon.

All that piece or parcel of land one chain wide being part of rural section

10232 containing by admeasurement two roods seven perches more or less bounded on the northward by a line 7 chains 40 links in length drawn from

section 9231 and more particularly delineated and described by the plan hereunto annexed and coloured green thereon.





















All that piece or parcel of land one chain wide containing by admeasurement two roods twenty- three perches more or less being that portion of the road originally surveyed and situate within rural section 10231 and more particularly delineated and described by the plan hereunto annexed and coloured green thereon.

















All that piece or parcel of land one chain wide containing by admeasurement two roods and twenty perches more or less being that portion of the road originally surveyed and situate within rural section 10282

the northern angle of the road as originally surveyed within the above- mentioned section to a point on the north-eastern boundary of the said section situate 2 chains 54 links from the north-eastern corner thereof on the north-eastward by section 10231 and on the southward by the northern side of the aforesaid road and by a line parallel to and one chain distant from the first described boundary and more particularly delineated and described

by the plan hereunto annexed and coloured pink thereon.

extending from the north-eastern boundary of the above-mentioned section 10232 to its junction with the southern side of the proposed road deviation and more particularly delineated and described by the plan hereunto annexed and coloured green thereon.



Schedule B.

All that piece or parcel of land one chain wide containing by admeasurement two acres and thirty perches more or less being that portion of the road extending from the north-eastern boundary of section 9986 in an easterly direction a distance on the average of about 21 chains 90 links to the proposed road deviation and more particularly delineated and described by the plan hereunto annexed and coloured green thereon.


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