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North Avon Bridge and Road Ordinance 1866

18. The North Avon Bridge and Road Diversion Ordinance 1866.

Analysis. Preamble.

1. Right of way to be hereafter from North Park Road to said Bridge.

2. Portion of land reserved declared to be public highway.

3. Bridge may be constructed.

4. Such Bridge to be public highway.

5. New road to be dedicated by Joseph Cornish Helmore.

6. Portions of public road may be stopped up and granted to Joseph Cornish

Helmore.

7. Certificate to be evidence of work performed.

8. Title.

Whereas by an Act of the General Assembly of New Zealand entituled "The Highways and Watercourses Diversion Act, 1858" it was 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 divert or stop up any river stream or creek in such Province and to build bridges dams wharves and other erections on the banks or in the beds of any such river stream or creek and also to sell exchange or otherwise dispose of the land over which any such public street road highway or thoroughfare was laid out or passed or the bed of any river, stream, or creek so diverted or stopped up And whereas by an Act of the General Assembly of New Zealand entituled “The Provincial Councils Powers Extension Act 1863” it is enacted that whenever any Law or rdinance shall be passed by any Provincial Council for the purpose of authorising the making or carrying on of any work of utility to the Public or to the

inhabitants of some particular town village or district such Law may so far as may be necessary for the making or carrying on of such work of utility affecting any public street road or highway or the bed of any river stream or creek although the same respectively may be the lands of the Crown anything in the said recited "Constitution Act" to the contrary notwithstanding And 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 excepting as therein otherwise provided no public road shall be closed up or diverted except under the authority of a Special Ordinance of the said Superintendent and Provincial Council And whereas it is expedient as a work of public utility to stop up part of the public road reserved along the north bak of the River Avon in the Christchurch District in the Province of Canterbury so far as such part of such road forms part of the southern boundary of a certain rural section numbered 7 in the said district of which section Joseph Cornish Helmore is tenant in fee simple in possession and to divert such part of such road in through and over the said section and to connect the road on the south side of

the said river (hereinafter called the North Park Road) running through the northern part of Hagley Park Reserve in the said Province and leading from the northwest corner of Christchurch Town Belt to the Riccarton Road with the retained portion of the said public road on the north bank aforesaid by means of a bridge across the said river an a new road from the said bridge to the said

North Park Road: And whereas the said Joseph Cornish Helmore is willing at his own expense to set out and form the road so to be diverted through in and over the said section and to build the bridge and make the new road hereinaftr described:

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

1. Right of way to be hereafter from North Park Road to said Bridge.

On an after the coming into operation of this Ordinance there shall be a right of way as well for foot passengers as for horses carts carriages and other vehicles from the said North Park Road to he said Bridge such right of way shall either be over the piece of land described in the Schedule to this Ordinance and in he plan hereto annexed and therein colored green or over such other part of the said Park as the Superintendent may from time to time fix and determine.

2. Portion of land reserved declared to be public highway.

The portion of the public road heretofore reserved along he north bank of the said River Avon and colored black on the said map such portion being fifty links wide in a continuous line with the other roads hereby reserved is hereby declared to be and remain a public highway to all intents and purposes anything in this Ordinance notwithstanding.

3. Bridge may be constructed.

It shall be lawful for the said Joseph Cornish Helmore his heirs administrators and assigns but at his and their own cost to erect a Bridge across the said River Avon of not less than fourteen feet wide in the place on the said map colored red connecting the public right of way reserved in an by the first section of this Ordinance with the retained portion of the public road describe in the second section of this Ordinance and for such purpose to occupy such portion of land in the bed of the said River and on either bank thereof as appears by the said plan to be set out as the site of the said Bridge Provided that such Bridge shall be so constructed as o be sufficient to the satisfaction of the Provincial or other Engineer appointed by the Provincial Government for that purpose certified as hereinafter provided for the general purposes of traffic of foot passengers

animals and carriages of all descriptions.

4. Such Bridge to be public highway.

The said Bridge shall immediately upon the same being so certified become a public Bridge and highway to all intents and purposes whatsoever Provided only that it shall be obligatory on the said Joseph Cornish Helmore his heirs and assigns at his and their own cost at all times until the expiration of four years

from the passing of this Ordinance o maintain and keep in repair the said Bridge to the satisfaction of the Provincial or other Engineer as aforesaid.

5. New road to be dedicated by Joseph Cornish Helmore.

It shall be obligatory on the said Joseph Cornish Helmore his heirs an assigns on and from the passing of this Ordinance to dedicate to the public as and for a public highway a new road of not less than fifty links wide in and upon the said Rural Section numbered 7 commencing on the southern boundary thereof in a continuous line with the said road and Bridge hereinbefore reserved and

provided for and running in through and over the part of the said section described in the schedule an plan aforesaid and herein colored blue but so as such road shall not in any way interfere with the usual and proper flow of water in

a mill-race twelve feet wide over which the said road passes as shown on the plan hereto and therein colored brown.

6. Portions of public road may be stopped up and granted to Joseph Cornish

Helmore.

It shall be lawful for the Superintendent to stop up the two portions of the public road described in the said schedule and plan and therein colored yellow of he public road reserved along the north bank of the said river Avon and which portions are respectively twenty-five feet wide and together with an including the said retained portion thereof colored black on the said map form the whole of the southern boundary of the said Section numbered 7 shall on and after the passing of this Ordinance cease to be a public highway and the same shall forthwith be granted to the said Joseph Cornish Helmore his heirs and assigns in fee simple free from all rights either public or private by which the same were heretofore affected.

7. Certificate to be evidence of work performed.

The certificate under the hand of the Provincial Engineer or other Engineer appointed for that purpose by the Provincial Government for the time being of the said Province published in the Provincial Government Gazette showing that the maters and things he performance an completion whereof are in and by his Ordinance require to be certified by him have been an are performed and completed shall be sufficient and conclusive of such performance and completion respectively.

8. Title.

This Ordinance shall be entituled and may be cited as "The Ordinance, 18.

Schedule. Locality.quantity.remarks.

Two portions of Road on north bank of River Avon southern boundary of rural section No. 7 Christchurch district. A. R. P.

0 1 38

Required by Mr J.C. Helmore.

Locality. quantity. remarks.

Road from North Park Road to south bank River Avon Hagley Park.

_{Road through rural section No. 7.}

1 0 27

This road is to go through part of Hagley Park Reserve and leads to the proposed Bridge.

Road to be given by Mr J.C. Helmore in lieu of road to be stopped.