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Canterbury Provincial Ordinances |
3. The District Roads Compulsory Land-taking Ordinance
1873.
Whereas by “The Provincial Compulsory Land-taking Act 1866” it
was enacted (inter alia) that it should be lawful for the Superintendent
and Provincial Council of every Province then or thereafter to be established in
New
Zealand from time to time to make or ordain any Law or Ordinance authorising
the compulsory purchase of any land granted by the Crown
within such Province
for any work or undertaking of a public nature Provided that no land should be
taken compulsorily under any
Act or Ordinance of any Provincial
Legislature except in conformity with the provisions of an Act of the General
Assembly of New Zealand
intituled “The Lands Clauses Consolidation Act,
1863” And whereas the public interests require that the lands specified
and described in the Schedule hereto should be taken compulsorily for the
several purposes in this Ordinance particularly mentioned
with relation thereto
respectively:
Be it therefore enacted by the Superintendent of the Province of Canterbury
by and with the advice and consent of the Provincial Council
thereof as
follows:
1. Title.
This Ordinance may be cited and referred to as “The District Roads
Compulsory Land-taking Ordinance 1873.”
2. Superintendent may hold lands described in Schedule.
It shall be lawful for the Superintendent of the Province of Canterbury to
take and hold the lands specified and described in the
Schedule hereto for the
purpose of opening and constructing a public road in the Mount Peel Road
District of the Province of Canterbury
aforesaid.
3. Compensation to owners of land.
All persons being owners of or having any less estate or interest in the said
lands specified or described in the said Schedule hereto
or any part or parts
thereof respectively shall be entitled to receive compensation for the same the
amount of which compensation
shall be ascertained in the manner set forth in the
Act of the General Assembly of New Zealand intituled “The Lands Clauses
Consolidation Act 1863.”
4. “ The Land Clauses Consolidation Act 1863,“ to apply to
this Ordinance. “The Lands Clauses Consolidation Act 1863” and
all the clauses and provisions thereof shall apply to this Ordinance and
the
lands compulsorily taken in pursuance hereof and so far as the same shall be
applicable shall form part of this Ordinance and
be construed herewith.
5. Power of Superintendent to purchase compulsorily the lands specified in the Schedule.
The powers hereby conferred on the Superintendent to take and purchase
compulsorily the lands specified in the said Schedule hereto
Schedule.
Description of Proposed Road through Sections Nos. 1345 1346 and 1347.
1346 and 1347.
All that piece or parcel of land being part of Rural Sections Nos. 1345 1346 and
1347 containing by admeasurement four acres and twenty perches more or less
commencing at the North-east corner of Section 1347 the
same being the
North-west corner of Section 1372 thence Westerly following the Northern
boundary of Section 1347 a distance of one
chain thence Southerly at a right
angle a distance of about 41 chains 31 links to the Southern boundary of Section
1345 thence Easterly
following the latter boundary to the South-east corner of
Section 1345 and from thence returning along the Eastern boundaries of
the
aforesaid Sections 1345 1346 and 1347 to the commencing point and more
particularly delineated and described by the plan hereunto
annexed and colored
red thereon.
Description of Proposed Road through Section 3809.
All that piece or parcel of land one chain wide being part of Rural Section
No. 3309 containing by admeasurement three acres sixteen
perches more or less
bounded on the North-westward by a straight line drawn from a point on the
Southern boundary of the said section
situate about sixty links from the South-
west corner thereof to a point on the Northern boundary of the same section
distant about
twenty-one chains twenty links from its North-west corner on the
South-east by a line parallel to the North-west boundary and one
chain distant
therefrom on the North-eastward by Section 1415 and on the Southwestward by the
Southern boundary of Section 3309 aforesaid
and more particularly delineated and
described by the plan hereunto annexed and coloured red thereon.
Description of Proposed Road through Section 1415.
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
by the plan hereunto annexed and coloured red thereon.
Description of Proposed Road through Section 1972.
All that piece or parcel of land containing by admeasurement twenty-six
perches more or less being part of Rural Section 1972 the
Western boundary of
the said piece of land commencing on the road forming the Southern boundary of
that section at a point distant
about eighteen chains from the South-west corner
of said section thence Easterly following said road a distance of about one
chain
sixty links thence Northerly along the same road about one chain seventy
links thence South-westerly following straight lines to
the commencing point as
indicated on the annexed plan and which said piece or parcel of land is coloured
thereon red.
Also—All that piece or parcel of land containing by admeasurement one
rood thirty perches more or less being part of Rural Section
1972 the Eastern
boundary commencing at a point on the Northern boundary of the said section
situate about nineteen chains eighty
links from the North-eastern corner thereof
and running in a Southerly direction to a point on the Southern boundary of the
aforesaid
Section 1972 distant about twenty chains thirty links from its
South-east corner bounded on the Westward by lines parallel to and
one chain
distant from the Eastern boundary on the Northward by Section 3208 on the
Southward by the road forming the Southern boundary
of Section 1972 which said
piece or parcel of land is more particularly delineated and described by the
plan hereunto annexed and
coloured red thereon.
Description of Proposed Road through Section 3208.
All that piece or parcel of land containing by admeasurement 3 roods 18
perches more or less being part of Rural Section 3208 the
Eastern boundary of
the said piece of land commencing on the Southern boundary of the said section
situate about 19 chains 80 links
from the South-eastern corner thereof and
running in a North-easterly direction to a point on the Northern boundary of the
same section
situate about 14 chains from its North-east corner bounded on the
Westward by lines parallel to the Eastern boundary and distant
therefrom one
chain on the Southward by Section 1972 and on the Northward by the Northern
boundary of the above mentioned Section
3208 and more particularly delineated
and described by the plan hereunto annexed and colored red
thereon.
Description of Proposed Road through Section 4035.
All that piece or parcel of land containing by admeasurement 2 acres and 12 perches more or less being part of Rural Section No. 4035 the Eastern boundary of the said piece of land commencing at the South-west corner of the said
section and running in a North-easterly and Northerly direction to a point on the Southern boundary of Section 2713 situate about two chains sixty links from the South-eastern corner thereof bounded on the Westward by straight lines one chain distant from and parallel to the Eastern boundary on the Northward by the aforesaid Section 2713 and on the South-westward by the Western boundary of Section 4035 before mentioned and more particularly delineated and described by the plan hereunto annexed and colored red thereon.
Description of Proposed Road through Section 2713.
All that piece or parcel of land containing by admeasurement two roods more
or less being part of Rural Section 2713 the Eastern boundary
of the said piece
of land commencing at a point on the Southern boundary of said section distant
about two chains sixty links from
the South-eastern corner thereof and running
in a Northerly direction to a point on the Southern boundary of Section 2680
situate
about five chains from the Southeastern corner thereof bounded on the
Westward by a line parallel to and one chain distant from the
Eastern boundary
on the Northward by Section 2680 and on the Southward by Section 4035 and more
particularly delineated and described
by the plan hereunto annexed and colored
red thereon.
Description of Proposed Road through Section 2680.
All that piece or parcel of land containing by admeasurement two roods more
or less being part of Rural Section 2680 the Eastern boundary
of the said piece
of land commencing at a point on the Southern boundary of the said section
situate about five chains from the South-eastern
corner thereof and running in a
Northerly direction to a point on the Southern boundary of Section 3683 distant
about 8 chains from
the South-eastern corner thereof bounded on the Westward by
a line parallel to and one chain distant from the Eastern boundary on
the
Northward by the aforesaid Section 3683 and on the Southward by Section 2713 and
more particularly delineated and described by
the plan hereunto annexed and
colored red thereon.
Description of Proposed Road through Section 3683.
All that piece or parcel of land containing by admeasurement two acres and thirty-five perches more or less being part of Rural Section numbered 3683 the Eastern boundary of the said piece of land commencing at a point on the Southern boundary of the said section distant about eight chains from the South- east corner thereof and running in a Northerly direction to a point on the Northern boundary of the same section situate about sixty links from its North-eastern corner bounded on the Westward by lines parallel to and one chain distant from the Eastern boundary on the Southward by Section 2680 and on the Northward by the Northern boundary of the above-mentioned Section No. 3683 and more particularly delineated and described by the plan hereunto annexed and colored red thereon.
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URL: http://www.nzlii.org/nz/legis/can_ord/drclo1873450