THE DIVERSION OF ROADS ORDINANCE. 1869, IN THE THIRTY-SECOND YEAR OF THE REIGN, OF HER MAJESTY QUEEN VICTORIA. ANALYSIS: m. fla I '2. Land described in Schedule Ato be Publi 3 -LITJI6 I * TT* i_ IPSbSl P SbSt > TMfi • I 3. Ro^dTscribed in Schedule Bto be closed AN ORDINANCE to authorise and empower the Superintendent of Southland to stop up certain Roads in the Province of Southland, and to declare other Roads in lieu thereof. WHEREAS by an Act of the General Assembly of New Zealand intituled "The Highways and Watercourses Diversion Act 1858" it is enacted that it shall be lawful for the Superintendent of any Province 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 skall be lawfiil 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 then was or thereafter should be a public street road highway or thoroughfare. And Whereas by the XVII Clause of the " Southland Waste Lands Act 1865 " the Superintendent and Provincial Council may by Ordinance alter the line of any highway bridle path or footpath and- dispose of the land heretofore used for the same. And Whereas it is for the public benefit that the pieces or parcels of land mentioned and described in the Schedule A hereto annexed should become Public Highways in lieu of the pieces or parcels of land mentioned in the Schedule B hereto annexed and that the said pieces or parcels of land in Schedule B should cease to be public roads. And Whereas John Wilson and Lachlan Fraser the owners of the pieces or parcels of land described in the Schedule A hereto annexed have agreed to the diversion of the Public Highway through the sections therein mentioned and have agreed to convey the land therein described to Her Majesty Queen Victoria and her heirs and successors upon trust for a Public Highway and whereas it was further agreed that the said pieces or parcels of land mentioned in the Schedule B hereto annexed should be given to the said John Wilson and Lachlan Fraser in exchange for the pieces or parcels of land to be conveyed by them aforesaid. Be it therefore enacted by the Superintendent of the Province of Southland with the advice and consent of the Provincial Council thereof as follows : — 1. The short title of this Ordinance shall be "The Diversion of Roads Ordinance 1868." 2. From and atter such time as the said pieces or parcels of land more particularly described in the Schedule A hereto annexed have been conveyed to Her Majesty Queen Victoria they shall be and remain for ever a Public Highway. 3. A.s soon as the lands described in the Schedule A have been duly conveyed to Her Majesty Queen Victoria the pieces or parcels of land more particularly described in the Schedule B hereto annexed shall be closed up and the said pieces or parcels of land shall be granted to the said John Wilson and Lachlan Fraser their heirs and assigns forever in exchange for the parcels of land to be conveyed by them aforesaid. SCHEDULE A. All that portion of Sections No. 19 and 20 Block VI New River Hundred containing by admeasurement 2 acres 3 roods and 5 perches being for a road 100 links -wide across the said sections commencing at a point on the. south western boundary line of Section No 19 about one thousand five hundred and thirty three (1533) links from the south-west corner of said Section and running across to a point on the eastern boundary of section No 20 aforesaid about one thousand seven hundred and eighty six (1786) links from the south-west corner of said Section No. 20 a distance of two thousand seven hundred and sixty-three (2763) links or thereabout. Also all that portion of sections No. 16 17 and 18 of Block VI New River Hundred containing by admeasurement 3 acres 3 roods^ and 29 perches being for a road line 100 links wide across the said Sections commencing at a point on the south-western boundary line of Section 16 aforesaid one thousand seven hundred and seventy six (1776) links from the north-west corner of said Section and running at a bearing of 62 ° 00' 30" a distance of one thousand nine hundred (1900) links thence at a bearing of 33 ° 01' 00" a distance of four hundred and forty seven (447) links thence at a bearing of 52 ° 34' 00" a distance of six hundred and fourteen (614) links thence at a bearing of 72 ° 57' 00" a distance of one thousand one hundred and eighteen (1118) links to a point on the north-eastern boundary of Section No. 18 aforesaid about one thousand six hundred and forty (1640) links from the north-east corner of said Section. SCHEDULE B. All that portion of Sections No. 19 and 20 Block VI in the New River Hundred containing by admeasurement 3 acres 2 roods and 39 perches being the reserved track through the said Sections commenoing at the south-west corner of Section No. 19 aforesaid and running across to a point on the eastern boundary of said Section No. 20 about two thousand two hundred and forty (2240) links from the southernmost comer thereof. Also all that portion of Sections No. 16 17 and 18 Block VI New River Hundred containing by admeasurement 3 acres 3 roods and 34 perches being the reserved road through the said Sections commencing at a point on the southwestern boundary of Section No. 16 about two thousand four-hundred (2400) links from the southwest corner of section No. 16 aforesaid and crossing the said Sections No. 16 17 and 18 to a point on the north-eastern boundary of Section No. 18 aforesaid about three thousand two-hundred and fifty (3250) links from the south-east corner thereof. JAMES WILSON, Speaker. Passed the Provincial Council this eleventh day of March, in the year of our Lord one thousand eight hundred and sixtynine. D. M'ARTHUR, Clerk of Council. I do hereby declare that I reserve this Bill for the signification of the Governor's pleasure thereon. i JOHN P. t AYLOR, Superintendent
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https://paperspast.natlib.govt.nz/newspapers/ST18690402.2.13.3
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Southland Times, Issue 1134, 2 April 1869, Page 3
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1,190Page 3 Advertisements Column 3 Southland Times, Issue 1134, 2 April 1869, Page 3
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