β¨ Land Taking Petition and Proclamation
9
THE NEW ZEALAND GAZETTE.
"The Public Works Act, 1876."
"To the Owners or Reputed Owners, Lessees
or Reputed Lessees, and Occupiers of
Allotment number Twelve, of Section
number Eleven, of the Suburbs of Auck-
land, Parish of Waitemata, and County
of Eden.
"TAKE NOTICE that, in pursuance of 'The Public
Works Act, 1876,' the plan and specifications re-
lating to a road which the One Tree Hill District
Highway Board propose to take over the above-
mentioned allotment, are deposited for inspection
at the Junction Hotel, Epsom. The general de-
scription of works proposed to be executed is, to
alter the old road and to form a new line of road
fifty links wide, and the land required to be taken
for the said new line of road is fifty links wide
in its narrowest part, commencing one hundred
and fifty links from Fountain Street. Bounded
on the East by a line one hundred and seventy-
eight links; on the South by a line forty-nine
links; on the West by a line one hundred and
fifty-seven links; being a triangular piece of
land containing five perches; be the said ad-
measurements a little more or less.
"And also all that other piece of land, in its
narrowest part commencing at the north-east
corner of Mr. Murdoch's enclosed property in
Fountain Street, and proceeding in a southerly
direction to the Quarry Reserve at Mount St.
John, containing thirty-seven perches, more or
less. Bounded on the North by Fountain Street,
fifty links; on the East by land in the occupa-
tion of Mr. James Dilworth, three hundred and
seven links; on the North-east by the same land,
one hundred and twenty-eight links; on the
East by land in the occupation of Mr. D. L.
Murdoch, twenty-nine links; on the South by
the Quarry Reserve, two hundred and ten links;
on the West-north-west and again on the West
by land in the occupation of Mr. D. L. Murdoch,
three, forty-five, and three hundred and twenty-
eight links; be the said admeasurements a little
more or less.
"And that all persons affected by the pro-
posed road are hereby called upon and required
to set forth in writing any well-grounded ob-
jections to the execution such works or the
taking of such lands, and to send such writing
within forty days from the publication of this
notice to the said One Tree Hill District High-
way Board, whose office is at the Junction
Hotel, Epsom, Provincial District of Auckland.
"Dated at Epsom, this ninth day of June,
1877.
"THOMAS A. BROWN,
"Chairman of the One Tree Hill District
Highway Board."
A copy of which said Gazette is hereunto annexed
marked "A."
-
That your memorialists also, in pursuance of
the said section number twenty-two of "The Public
Works Act, 1876," aforesaid, caused to be twice
publicly notified in the New Zealand Herald and
Daily Southern Cross, published at Auckland, in the
Provincial District of Auckland aforesaid, on Wed-
nesday and Thursday, the fourth and fifth days of
July, one thousand eight hundred and seventy-seven,
respectively, and circulating in the said district, the
aforesaid notice published in the New Zealand
Government Gazette, on Thursday, the twenty-eighth
day of June, one thousand eight hundred and
seventy-seven. -
That your memorialists have ascertained that
David L. Murdoch, and James Dilworth, and George
Howard, and Every Maclean, Trustees of the as-
signed estate of Henry Hardington, are the only
owners and occupiers of the said two portions of
land so required to be taken by the said One Tree
Hill District Highway Board, for the purposes afore-
said. -
That your memorialists have caused a copy of
such notice and description so gazetted or published
in the New Zealand Government Gazette, and twice
notified in the New Zealand Herald and Daily
Southern Cross newspaper, as aforesaid, to be served
upon the said owners and occupiers, in the manner
and on the dates set opposite their respective names,
as follows:β
| Name of Owner or Occupier served. | How served. | Date of Service. |
|---|---|---|
| George Schwartz Kissling, as the attorney and agent for the said David L. Murdoch, duly appointed by deed- poll under the hand and seal of the said David L. Murdoch | Personally | 4th July, 1877. |
| James Dilworth | Personally | 6th July, 1877. |
| George Howard, co-trustee of the assigned estate of Henry Hardington with one Every Maclean | Personally | 6th July, 1877. |
| Every Maclean, co-trustee of the assigned estate of Henry Hardington with one George Howard | By posting to his address at Howick, in the Provin- cial District of Auckland aforesaid | 6th July, 1877. |
-
That forty days from the first publication of
the aforesaid notice in the New Zealand Government
Gazette have elapsed, and your memorialists have not
within the said forty days from the said publication
received any well-grounded objections, nor have any
objections in writing whatever been made within the
said forty days to your memorialists as to the execu-
tion of such works or the taking of such lands. -
That your memorialists are of opinion that it
is expedient that the proposed works should be exe-
cuted, and that no private injury will be done thereby
for which due compensation is not provided by the
said "Public Works Act, 1876."
Therefore your memorialists humbly pray that
your Excellency in Council, in accordance
with section number twenty-five of "The
Public Works Act, 1876," will be pleased, by
Proclamation gazetted and publicly notified,
to declare that the said lands are taken for
the use of a road for the purposes above-men-
tioned.
ROBERT HALL,
Chairman of the One Tree Hill District
Highway Board.
JOSEPH MAY,
WILLIAM WALL,
JAMES DOWNEY,
HENRY HAYE,
Members the said One Tree Hill Dis-
trict Highway Board.
(L.S.) NORMANBY, Governor.
A PROCLAMATION.
WHEREAS by "The Public Works Act, 1876," it
is enacted that, whenever lands are required
to be taken for public works, the Minister for Public
Works in the case of Government Works, and the
County Council or Road Board in the case of county
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β¨ LLM interpretation of page content
ποΈ Notice and Petition for taking land for One Tree Hill Road
ποΈ Infrastructure & Public Works9 June 1877
Public Works Act 1876, Road formation, Land acquisition, One Tree Hill, Highway Board, Proclamation
13 names identified
- Murdoch (Mr.), Land boundary reference
- James Dilworth (Mr.), Land boundary reference
- D. L. Murdoch (Mr.), Land boundary reference
- David L. Murdoch, Owner/occupier of land required
- James Dilworth, Owner/occupier of land required
- George Howard, Owner/occupier of land required (Trustee)
- Henry Hardington, Assigned estate subject
- Every Maclean, Owner/occupier of land required (Trustee)
- George Schwartz Kissling, Attorney/agent served notice
- David L. Murdoch, Served notice via attorney
- James Dilworth, Served notice personally
- George Howard, Served notice personally
- Every Maclean, Served notice by posting
- THOMAS A. BROWN, Chairman of the One Tree Hill District Highway Board
- ROBERT HALL, Chairman of the One Tree Hill District Highway Board
- JOSEPH MAY, Member the said One Tree Hill District Highway Board
- WILLIAM WALL, Member the said One Tree Hill District Highway Board
- JAMES DOWNEY, Member the said One Tree Hill District Highway Board
- HENRY HAYE, Member the said One Tree Hill District Highway Board
- NORMANBY, Governor
NZ Gazette 1878, No 1