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Wilson Mill Dam Ordinance No.2 1864

9. The Wilson Mill Dam No 2, Ordinance 1864.

Analysis. Preamble.

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

Heathcote.

2. Power to cleanse River.

3. Saving rights of agrarian Proprietors.

4. Right of entry on Lands. 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 the said John Cracroft Wilson is now entitled to the lands and hereditaments hereinafter described that is to say for an estate or inheritance in

fee simple and whereas the said parcel of land is surrounded by the River Heathcote and whereas the said John Cracroft Wilson is desirous of having power to make and maintain a Mill Dam Bolt or Penstock damming or penning back the water of the River Heathcote and it is expedient that permission should be given to the said John Cracroft Wilson his Heirs Executors Administrators and Assigns to make and 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 make and 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 Bill to make and for ever thereafter to maintain a certain Mill Dam Bolt or Penstock across the River Heathcote opposite to sections 76 and 562 on the Map of the Chief Surveyor of the Province for the Heathcote 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 to the height of three feet from the present level of the river such new level to be ascertained and determined by a permanent stone mark to be fixed and maintained by the said John Cracroft Wilson his Heirs Executors Administrators and Assigns upon the bank of the said island under direction of the Provincial Engineer of the said Province who is hereby required when called upon by the said John Cracroft Wilson his Heirs Executors Administrators or Assigns in writing to superintend the fixing of the same Provided that in case he or hey 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 in any measure whatsoever the necessary artificial drainage of the said lands 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 as well 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 or bed 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 Lands. 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. 2 1864.”

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 13th

September 1864, and assented to by the Superintendent on 15th September.