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Inwood Mill Ordinance 1858

2. The Inwood Mill Ordinance 1858

Whereas Daniel Inwood is desirous of erecting a flour mill upon a certain piece of land lately purchased by him from the Crown, situate upon an island in the River Avon, opposite to Oxford Terrace West, in the Town of Christchurch, and for

such purpose is desirous of constructing a dam across the said river from the said island to the banks of the said river on either side, as now delineated and shewn on the Chief Surveyor's Map of the said Town: And Whereas the said Daniel Inwood is willing, in consideration of being permitted to construct the said dam and a mill race, and to enjoy the free use of the water of the said river for

the purpose of working the said mill, to erect such mill, and to make the mill dam, subject to certain specifications to be approved of by the Provincial Engineer of the Province of Canterbury for the time being, and also at his the said Daniel Inwood's own cost to make a safe and commodious cart bridge across the said river, adjacent to the said mill: And whereas it is expedient tha permission should be given to the said Daniel Inwood, his heirs or Assigns, to work such mill as aforesaid, subject to the conditions hereinafter contained:

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

1. Daniel Inwood to be allowed to put a mill on the river Avon.

It shall be lawful for the said Daniel Inwood, his Heirs or Assigns, at any time from and after the passing of this Ordinance, to make and maintain a mill race and mill dam in thc said river at any part thereof situate between the said piece of land and the banks of the said river adjacent, and to put a mill wheel or wheels in the said river, and to have and exercise at all times during the period of thirty years from the date of the passing of this Ordinance the right to use the water of the said river for the purpose of such mill without let or hinderance from any person or persons whomsoever.

2. Flow of water not to be raised more than three feet above the present level.

It shall not be lawful for the said Daniel Inwood, his Heirs or Assigns, by such dam, or by any obstruction in the said river, to raise the flow of the water thereof more than three feet above its present level; such new level to be ascertained and determined by a permanent stone mark, to be fixed and maintained by the Owners and Occupiers for the time being of the said mill, upon the bank of the said river, under direction of the Provincial Engineer of the said Province, but at the sole cost of the said Daniel Inwood, his Heirs or Assigns.

3. Mill-race, dam, and cart-bridge to be made within two years, and kept in repair. This Ordinance not to protect Daniel Inwood against damages on account of injury done to private property or public roads.

The said mill race, mill dam, and cart bridge, respectively, shall be erected and made to the satisfaction of the said ProvinciaI Engineer within the space of two

years from the passing of this against Ordinance, and the said mill race and mill dam and bridge shall be from time to time maintained and kept in repair to the satisfaction of the Provincial Engineer, at the sole cost of the said Daniel Inwood, his Heirs, or Assigns. Provided that nothing herein contained shall be deemed or construed to protect or indemnify the said Daniel Inwood, his Heirs, Executors, Administrators, or Assigns, against any costs, damages, or expenses which may be incurred by him or them for or on account of injury done or caused to the property of any private individual, or to any public road, by or by reason of the said mill dam or mill race, respectively, or either of them.

4. The same to be removed if the river be required for navigation.

If at any time it shall appear expedient to the Superintendent and Provincial Council of the Province of Canterbury, for the purpose of promoting the free navigation of the said river, to remove the said mill race or mill dam, it shall be incumbent upon the said Daniel Inwood entirely to remove such mill race and mill dam within twelve months after he shall have received notice in writing to that effect from the Superintendent.

5. Superintendent and Provincial to authorise the diversion of the water of the river above the mill-dam if so required for public purposes.

Nothing herein contained shall prevent the Superintendent and Provincial Council to authorise the taking out or diversion at any point above the said mill dam of such portion of the water of the said river as may be required for any public purpose, or for the use and benefit of the public.

6. If conditions contained in this Ordinance not enforced by the Millowner, this Ordinance to become void.

If at any time from and after the passing of this Ordinance, the said Daniel Inwood, his Heirs or Assigns, or other the Owners or Occupiers for the time being of the said mill, shall neglect or decline to perform the conditions hereinbefore contained on his or their part to be performed for the space of one calendar

month after having been required so to do by notice, in writing, from the Superintendent of the said Province for the time being, then, from and after the expiration of the said period of one calendar month, and such neglect or refusal as aforesaid, this Ordinance shall become void and of no effect.

7. Title.

This Ordinance shall be intituled and may be cited as "The Inwood Mill

Ordinance, Session IX., No. 2."

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 11th February 1858, and reserved for the Governor’s assent. Governor Gore Browne assented to it on 23rd April.