Provincial Ordinance




78

vince 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 exchange the land over which any such public street road highway or thoroughfare was laid out or passed. And also that it should be lawful for the Governor in the name and on behalf of Her Majesty to make and execute Crown Grants of any land which should be so sold exchanged or disposed of.

And whereas by an Act of the General Assembly of New Zealand intituled The Provincial Council Powers Extension Act 1865 it is enacted that it shall be lawful for the Superintendent and Provincial Council of any Province and notwithstanding the restriction contained in the Tenth Subsection of the Nineteenth Section of the Constitution Act to ordain or pass any Law or Ordinance which but for such restriction might have been ordained or passed by such Superintendent and Council affecting any part of the Waste Lands of the Crown within the Province which there was or thereafter should be a public street road highway or thoroughfare.

And whereas it is for the public benefit that the parcels of land mentioned and described in the Schedule A to this Ordinance and delineated on the Plan hereto annexed and thereon coloured Pink should become a Public Highway in lieu of the parcels of land mentioned and described in the Schedule B to this Ordinance and delineated on the Plan hereto annexed and thereon coloured Green and that the said last-mentioned parcels of land should cease to be a public road.

And whereas James Archibald M’Ilraith has conveyed the parcels of land mentioned in Schedule A to this Ordinance to the Superintendent of the Province of Canterbury and his successors upon trust for a Public Highway and upon the treaty for the said conveyance it was agreed that the respective parcels of land mentioned in the Schedule B to this Ordinance should be given to the said James Archibald M’Ilraith in exchange for the parcels of land conveyed by him as aforesaid.

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

  1. From and after the passing of this Ordinance the parcels of land so conveyed as aforesaid and more particularly described in the Schedule A hereto and coloured Pink on the Plan hereto annexed shall be and remain for ever a Public Highway.


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Online Sources for this page:

VUW Te Waharoa PDF Canterbury Provincial Gazette 1871, No 13





✨ LLM interpretation of page content

🏗️ Ordinance for Diversion of Roads and Exchange of Land

🏗️ Infrastructure & Public Works
Road diversion, Land exchange, Public highway, Provincial Council
  • James Archibald M’Ilraith, Conveyed land for public highway