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Wilson Mill Dam Ordinance 1864

8. The Wilson Mill Dam No 1, Ordinance 1864.

Analysis. Preamble.

1. John Cracroft Wilson to be allowed to maintain Mill Dam on River Heathcote.

2. Power to cleanse River.

3. Saving rights of agrarian Proprietors.

4. Right of entry on land. Notice for that purpose to be given.

5. This not to affect right of Provincial Council to authorise diversion of water for public purposes.

6. Title.

Whereas a certain Mill Dam Bolt or Penstock for damming or penning back the water of the River Heathcote, was some time since erected and built at a point measured seventy links or thereabouts south-east from the bridge over the said river on the Lower Lincoln Road where the said river forms the south-western boundary of the section numbered 76 on the plan of the Lincoln District for the purpose of working a certain Water-power Mill erected and built upon the section numbered in the said district and whereas the said John Cracroft Wilson is now entitled for the residue of a term of eighteen years commencing and to be computed from the Twenty-ninth day of September One thousand eight hundred and fifty-five to the said Water-powered Mill and whereas no Ordinance hath yet been passed to legalise the damming up of the waters of the said river for the purposes of the said Mill and it is expedient that such practice as hath heretofore

been exercised to such end should receive the sanction of law and the said John Cacroft Wilson is desirous of having power to maintain and amend the said Mill Dam and it is expedient that permission should be given to the said John Cracroft Wilson his Heirs Executors Administrators and Assigns to maintain the said Mill subject to the conditions hereinafter contained:

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

1. John Cracroft Wilson to be allowed to maintain Mill Dam on River Heathcote. It shall be lawful for the said John Cracroft Wilson his Heirs Executors Administrators and Assigns after the passing of this Ordinance to make and for ever thereafter to maintain a certain Mill Dam Bolt or Penstock sometime since erected and now standing and being across the River Heathcote at a point measured seventy links or thereabouts south-east from the bridge over the said river on the Lower Lincoln Road where the said river forms the south-western boundary of the section numbered 76 on the plan of the Lincoln District as the same is shown upon the plan hereunto annexed and by so doing to dam up and raise the level of the water of the said river in such manner to the height of three feet that is to say to a height that shall be three feet two inches below the upper surface of the roadway of the bridge aforesaid Provided that in case he or they thereby do injury spoil or damage to the lands on the course or banks of the said river either above or below the said Dam Bolt or Penstock or impede n any manner whatsoever then the parties aggrieved shall have remedy.

2. Power to cleanse River.

It shall be lawful for the said John Cracroft Wilson his Heirs Executors Administrators or Assigns for the purpose aforesaid to cleanse and scour the said river either above or below the said Dam Bolt or Penstock when and so often as occasion shall require for better conducting the water of the said river and for the purpose of preventing any injury spoil or damage which might otherwise be occasioned by the necessary raising of the level of the said water by the said Dam Bolt or Penstock or any other injury spoil or damage which might result from the making of the said Dam Bolt or Penstock and for the

purpose of such cleansing and scouring to deposit material taken from the banks of such river upon lands abutting thereon.

3. Saving rights of agrarian Proprietors.

Nothing herein contained shall be deemed to prejudice the lawful rights of any proprietor of land intersected by or adjoining the said river to the use of the water of the said river where the same flows through or along the boundary of his land and whether such land be situated above or below the said Dam Bolt or Penstock.

4. Right of entry on land. Notice for that purpose to be given.

It shall be lawful for the said John Cracroft Wilson his Heirs Executors Administrators or Assigns Servants Contractors Agents and Workmen during the term aforesaid at all reasonable hours during the day time to enter upon any lands on the banks of the said river for any of the purposes aforesaid Provided

always that except when herein otherwise provided the said John Cracroft Wilson his Heirs Executors Administrators and Assigns shall not make any such entry unless with the consent of the occupier until after the expiration of twenty-four hours’ notice for that purpose given to the owner or occupier.

5. This not to affect right of Provincial Council to authorise diversion of water for public purposes.

Nothing herein contained shall prevent the Superintendent and Provincial Council from authorising the making a making at any point above the said Dam Bolt or Penstock 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. Title.

This Ordinance shall be intituled and may be cited as “The Wilson Mill Dam

Ordinance No. 1 1864.”

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 13th September 1864, and assented to by the Superintendent on 15th August. D. NZG 1865 p47