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Sumner Road Ordinance 1855

7. The Sumner Road Ordinance 1855

Whereas it is desirable that a public highway should be made from Lyttelton through Sumner Valley to the Ferry over the River Heathcote, and that the Owners and Occupiers of private lands through which such highway shall pass should obtain compensation for any damage which they may suffer thereby:

Be I therefore enaced by the Superintendent of the Province of Canterbury, with the advice and consent of the Provincial Council thereof as follows:

1. Certain lands declared to be a road.

From and after the passing of this Ordinance there shall be a Public Road lying within the distance of one chain on either side of the line drawn on the plan to this Ordinance annexed, and marked thereon as the line of the Sumner Road: Provided that such road shall aIlow one chain in width.

2. Road to be marked out by Provincial Engineer, and deemed a public highway

Such road shall be marked out on the ground by the Provincial Engineer within the limits above described, and, being so marked out, shall be taken and deemed to be a public highway to all intents and purposes whatsoever. Provided always, that in case the lands so taken shall have been enclosed or cultivated, the road taken shall not be deemed a public highway until a good and sufficient fence

shall have been erected to enclose such lands from the road, which fence shall be made by the Provincial Government.

3. Owner or Occupier may receive compensation.

If any person being the Owner of the said lands, or of any part thereof, or being entitled to any less estate, term, or interest therein, shall, within two years from the date of the passing of this Ordinance deliver a Statement to the Superintendent, in writing, under his hand, or under the hand of his Agent or Attorney, lawfully authorized, setting forth the damage done to him by the making of such highway, and claiming compensation for the same, and if the amount of compensation so claimed shall appear to be just and reasonable, it shall be

lawful for the Superintendent, by and with the advice and consent of the

Executive Council, to pay and discharge the same in the manner provided by this

Ordinance: Provided nevertheless, that if the amount of compensation so claimed shall appear to the Superintendent and Executive Council to be excessive, such person shall be entitled to receive such amount of compensation as shall be awarded to him in the manner hereinafter provided.

4. Arbitrators and Umpire to be appointed.

Every person delivering such a Statement shall, within seven days after being required by written Notice from the Superintendent so to do, by writing, under his hand, nominate and appoint some person to act as Arbitrator in the case in the manner hereinafter provided, setting forth the name, description, and place of abode of such person so appointed; and the Superintendent shall, within seven days after the receipt of such Statement, nominate and appoint some other person to act as Arbitrator in like manner; and the Arbitrators so appointed shall, before proceeding to business, nominate a third person to act as Umpire in the case if necessary: Provided that such Arbitrators and Umpire shall be persons resident, and who shall have resided at least one year in the said Province: And provided also, that no person having any interest, direct or indirect, in the said lands or any part thereof, shall act as such an Arbitrator or Umpire as aforesaid.

5. Statement to be referred to Arbitrators.

The Superintendent shall, as soon as conveniently may be, refer the said Statement to the Arbitrators so appointed, who shall within one calendar month thereafter consider the same, and shall, by their award, determine the amount of compensation to which the Claimant shall be entitled in respect of the damage done to him by reason of the making of such highway.

6. If Arbitrators cannot agree, case to be referred to Umpire.

If the Arbitrators so appointed shall be unable to agree on the amount of compensation, the case shall be referred to the Umpire, who shall, in like manner, by his award, determine the amount of such compensation, and the award of the Umpire so appointed shall be final.

7. Value added, and damage done to be considered.

In making any award under this Ordinance the value added, as well as the damage done to any lands by the formation of a road, shall be taken into consideration in deciding upon the amount of compensation.

8. Vacancies by death or otherwise to be filled up.

In case any Arbitrator or Umpire shall die, or shall become incapacitated from proceeding to business, or shall refuse to act, before an award shall have been made, the vacancy shall be filled up as in the manner already provided.

9. Grant of land to discharge all claims for compensation.

All the costs of such arbitration and the amount of the compensation awarded thereby shall be a charge upon, and shall be paid compensation. out of the public revenues of the said Province. Provided always, that if any person entitled to such compensation shall accept and receive in lieu thereof a Grant of waste

lands of the Crown under any Regulations at any time in force within the said Province in that behalf, he shall not be entitled to receive any further compensation out of the public revenues of the said Province, but such Grant of waste land shall be taken and deemed to be a full and sufficient discharge of all claims on account of any damage he may have sustained by the making of such highway as aforesaid.

10. Title.

This Ordinance shall be entituled and may be cited as the " Sumner Road

Ordinance, Session IV., No. 7."

Notes.

This Ordinance was passed by the Canterbury Provincial Council, and assented to by the Superintendent on 10th July 1855.