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German Bay Road Extension Ordinance 1865

4. The German Bay Road Diversion Ordinance 1865.

Analysis.

Preamble.

1. Superintendent to lay out and construct Road through private property.

2. Power given to persons interested to sell and convey such Land.

3. Compensation to be determined by Arbitration.

4. Title. Schedule.

Whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Canterbury, entituled "The Diversion of Roads Ordinance, Session XI., No. 3," it is ordained that except as therein otherwise provided, no new line of Road shall be laid out or constructed passing over any private lands except under the authority of a Special Ordinance of the said Superintendent and Provincial Council. And whereas it is expedient that a public road should be laid out and constructed over certain private Land hereinafter specified:

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. Superintendent to lay out and construct Road through private property.

It shall be lawful for the Superintendent for the time being of the said Province to take all steps necessary for the laying out and construction of a road through private land according to the description and along the line set forth in the Schedule to this Ordinance and in the Plan hereto annexed, and thereon

coloured red and to enter upon, and cause to be entered upon all lands within the said Province for the purpose of making such surveys as may be necessary and to take possession of all the lands required for the use of the said road along the line so set forth and described. Such road when so laid out and constructed shall be a Public Road to all intents and purposes.

2. Power given to persons interested to sell and convey such Land.

It shall be lawful for all guardians tenants for life married women seized in their own right or entitled to dower and trustees being seized possessed of or entitled to the said Lands hereby authorized to be taken or any estate or interest therein to sell and convey or release the same to the said Superintendent and to enter into all necessary agreements for that purpose and the power so to sell and convey or release as aforesaid may lawfully be exercised by all such parties not only on behalf of themselves and their respective heirs executors or administrators but as to such guardians on behalf of their wards and as to such trustees on behalf of their cestui que trusts respectively could have exercised the same powers as if they had respectively been under no disability.

3. Compensation to be determined by Arbitration.

The purchase money or compensation to be paid for any of the said Lands to be taken from any party under any disability or incapacity and not having power to sell or convey such Land except under the provisions of this Ordinance shall be

ascertained and determined by arbitration in the manner prescribed by the “Lands Clauses Consolidation Act 1863” and all such purchase money and compensation shall be deal with in the same manner and be subject to the same provisions as are enacted by the said Act respecting the purchase money or compensation (exceeding the sum of Two Hundred Pounds) payable in respect of any Lands or interests therein to any trustee guardian or persons having a

qualified interest in any such Lands all costs and expenses of any arbitration and incident thereto and of all conveyances and of deducing evidencing and verifying the tile to the said Land hereby authorized to be taken and all other reasonable expenses incident to the investigation eduction or verification of the title to such Lands hall be borne by the said Superintendent.

4. Title.

This Ordinance shall be entituled, and may be cited as "The German Bay Road

Diversion Ordinance, 1865."

Schedule.

Locality. Contents.

German Bay Akaroa 1 Acre, 3 Roods, 8 Perches.

Notes.

Passed by the Provincial Council 30th December 1865, assented by

Superintendent on behalf of the Governor on 9th January 1866.