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Municipal Councils Reserves Ordinance 1862

14. The Municipal Councils Reserves Ordinance 1862.

Whereas the lands tenements and hereditaments described in the Schedules to this Ordinance annexed are vested in the Superintendent of the Province of Canterbury and his successors subject to the provisions of an Act passed by the General Assembly of New Zealand entituled “The Public Reserves Act 1854” And whereas an

Act was passed by the said General Assembly of New Zealand entituled “The Public Reserves Act Amendment Act 1862” whereby the Superintendent and Provincial Council of any Province may by any Ordinance duly passed in that behalf direct and declare that any lands vested or which might thereafter be vested in the Superintendent of any Province under the provisions of “The Public Reserves Act 1854” upon trust for any public purposes should be transferred to and vested in and held by any Corporation Commissioners or other person or persons having corporate succession to be named in such Ordinance in such manner and with such powers of lease management and disposition over the same and over all rents issues profits and proceeds thereof and other powers provisoes and conditions as should in such Ordinance be expressed and declared And it is also by the said Act provided that every Act or Ordinance passed by any Superintendent and Provincial Council under the authority of that

Act should be reserved for the signifiation of the Governor's pleasure thereon and should have no force or effect until the confirmation by the Governor of the same should have been signified by proclamation in the Government Gazette of the Province to which the same right relate And whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Canterbury entituled “The Municipal Councils Reserves Ordinance 1862” the lands tenements and hereditaments described in the schedules A and B to this Ordinance annexed were declared to be vested in the Christchurch City Council and the Lyttelton Municipal Council respectively upon certain trusts in such Ordinance mentioned But such Ordinance was not reserved for the signification of the Governor's pleasure thereon and no proclamation of the confirmation of such Ordinance hath yet been published And whereas it is expedient that the specific purposes for which the lands tenements and hereditaments specified in schedule A to this Ordinance annexed should be changed and that such lnds should be

appropriated for other and different purposes of public utility And whereas it is also expedient that the said lands tenements and hereditaments vested in the Supcrintendent of the Province of Canterbury and respectively described in the schedules hereto annexed should be respectively vested in the Mayor Councillors and citizens of the city of Christchurch the Mayor Councillors and burgesses of the borough of Lyttelton and the Mayor Councillors and burgesses of the borough of Timaru respectively.

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. Lands described in Schedule A vested in Christchurch City Council.

That the said lands tenements and hereditaments described in the said Schedule

A shall be and the same are hereby transferred to and vested in and held by the

Mayor Councillors and Citizens of the City of Christchurch and their successors as a Body Corporate in trust as and for the sites for public buildings for the use and benefit of the inhabitants of the City of Christchurch and upon trust to use and occupy the same when and so long as the same or any part thereof shall not be built upon for general Municipal purposes.

2. Lands described in Schedule B vested in Christchurch Municipal

Council.

That the lands tenements and hereditaments described in Schedule B to this Ordinance annexed shall be and the same are hereby transferred to and vested in and held by the Mayor Councillors and Burgesses of the Borough of Lyttelton and their successors as a Body Corporate in trust as and for the sites for public

buildings for the use and benefit of the inhabitants of the borough of Lyttelton and upon trust to use and occupy the same when and so long as the same or my part thereof shall not be

3. Lawful for the said Councils to manage the said lands under certain provisions.

That it shall be lawful for the said “Christchurch City Council” and “The Lyttelton Municipal Council” respectively, to lease and manage the lands, tenements, and hereditaments hereby transferred to them respectively, a such rents, issues and profits as they may deem expedient, subject to the provisions of the several Acts and Ordinances hereinbefore recited, so that such rents be rack rents, and such Leases be for any term not exceeding twenty-one years, to take effect from the time of the execution thereof.

4. Title.

This Ordinance shall be entituled and may be cited as “The Municipal Councils

Reserves Ordinance, 1862.”

Schedule A.

Reserve No. 9.

Containing sixteen perches, more or less, situate on Oxford Terrace West, having one chain frontage to the south side of Worcester-street, and extending back southerly in a rectangular block, a distance of one chain.

Reserve No. 10.

Containing sixteen perches, more or less, situate on Oxford Terrace West, having one chain frontage to the north side of Worcester-street, and extending back northerly in a rectangular block, a distance of one chain, immediately north of and opposite Reserve No. 9.

Reserve No. 15.

Containing one rood and eighteen perches, more or less, in two blocks, containing twenty-nine perches, each being situate in the Market Place, Christchurch. Block No. 1, extending three chains along the west side of

Colombo-street, and extending westerly in a rectangular block a distance of sixty- one links. Block No 2, extending three chains along the north side of Armagh street, and extending northerly in a rectangular block a distance of sixty-one

links.

Schedule B.

Reserves Nos. 35 and 36.

Two roods, more or less, situate in the Market Place, Lyttelton, being bounded on the north by the Market Place, three hundred and fifty-six links; on the east by St David street, one hundred and forty-three links; on the south by London street, three hundred aced fifty-six links; and on the west by Oxford-street, one hundred and forty-three links, and numbered 35 and 36 (in red) on the Map of the Chief Surveyor of the Province of Canterbury, setting out and describing the town of Lyttelton.

Reserve No. 34.

One acre two roods twenty-eight perches, more or less, situate in Oxford-street, Lyttelton, being bounded on the north by London-street, two hundred and forty- six links; on the north east by Christchurch Road, one hundred and eighty links; on the east by St. David-street, three hundred and sixty-one links; on the south by Norwich Quay, three hundred and fifty-six links; and on the west by Oxford street, five hundred links; and numbered thirty-four (in red) on the Map of the

Chief Surveyor of the Province of Canterbury, setting out and describing the town of Lyttelton.

Reserve No. 101.

Fifty-two acres one rood and thirty perches, more or less, situate on the north of Lyttelton, commencing at a point on the north-western boundary of rural section No. 350, a distance of six chains twenty-five links from the south-western corner of the said section No. 350; thence to the north-eastward along the said north- western boundary of section No. 360, and on in the same direction, altogether a distance of twenty-three chains, to a point ten chains fifty links from the trigonometrical station on Mount Pleasant, and extending north-westerly in a rectangular block above, and adjoining rural section No. 501, a distance of

twenty-two chains eighty links; subject, nevertheless, to a road one chain wide in through this reserve from the north-eastern boundary line of section No. 501, to the summit of the hill, as the same is more particularly delineated on the accompanying Plan, and numbered 101 (in red) on the Map of the Chief

Surveyor of the Province of Canterbury, setting out and describing the town of

Lyttelton.

Reserve No. 68.

Ninety-six acres, more or less, in two blocks. Block I.

Eighty-five acres, situate at the eastern end of tho town of Lyttelton, bounded on the north by rural sections Nos. 1 and 258, eleven chains thirty-three links, and twenty-two chains ten links, respectively; on the eastward, south-eastward and southward by the reserve for the Sumner Road, a distance of forty-eight chains fifty links; and on the westward by town sections 176, 177, 178, 179, 180, 181, and 182, the Roman Catholic cemetery reserve, No. 45 (in red), the Dissenters' cemetery reserve No. 46, and town sections 191, 192,193,194, 195, 196,

197,198, 199, 200, 201, 202 203, 204, 205, 206, 315, 316, 317, 318, 319, 320, and 321. Block II. contains eleven acres, more or less, being bounded on the northward by the reserve for the Sumner Road and rural section No. 130, distances of thirty-five chains sixty links and five chains respectively; on the south-eastward and southward by the reserve of one chain above high-water mark a distance of forty-nine chains twenty links; and on the north-westward by town section No. 341, a distance of two hundred and ninety links.

Notes.

This Ordinance was passed by the Canterbury Provincial Council on the 20th November 1862, and was assented to by the Superintendent on the 3rd of December.