Church Trust Property at Little River Exchange Act 1877

Church Trust Property at Little River Exchange Act 1877

Local Act1877 No 53
Date of assent29 November 1877

An Act to authorize the Exchange of certain Land vested in the Church Property Trustees in the Provincial District of Canterbury, for certain Land formerly vested in the Superintendent of the late Province of Canterbury.

  • Preamble

    WHEREAS by an Ordinance of the Superintendent and Provincial Council of the late Province of Canterbury, No 3 of the second session of the said Council, intituled The Church Property Trust Ordinance, Session II, No 3, certain persons were constituted a corporation with perpetual succession under the name of “the Church Property Trustees”: And whereas by deed of conveyance dated the nineteenth day of September, one thousand eight hundred and seventy-seven, registered in the Deeds Registry Office at Christchurch, No 50692, made between Francis James Garrick and William Patten Cowlishaw of the first part, William Wilson of the second part, and “the Church Property Trustees” of the third part, the parcel of land described in Schedule 1 to this Act was conveyed to “the Church Property Trustees” upon trust as a site for a church for members of the Church of England: And whereas by a deed dated the twenty-ninth day of August, one thousand eight hundred and seventy-six, registered in the Deeds Registry Office at Christchurch, No 47695, made between William Wilson of the one part, and the Superintendent of the late Province of Canterbury of the other part, the parcel of land described in Schedule 2 was with other land conveyed to the then Superintendent of Canterbury upon trust for the public use and service of the said Province of Canterbury: And whereas it is expedient that facilities should be afforded for an exchange of the said parcels of land:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title

  • The Short Title of this Act shall be The Church Trust Property at Little River Exchange Act 1877.

2 Land in Schedule 2 to vest in Trustees on execution of conveyance of land in Schedule 1

  • If “the Church Property Trustees” shall, within eighteen months after the passing of this Act, in pursuance of the powers conferred on them by the second section of The Church Property Trust Ordinance, Session II, No 3, convey to Her Majesty the Queen the parcel of land described in Schedule 1 to this Act, to the satisfaction of the Minister of Lands for the Colony of New Zealand, upon the same trusts as the parcel of land described in Schedule 2 hereto is now held, and if the parties in whom the said parcel of land in Schedule 2 hereto is now vested shall in writing give their consent thereto, the said parcel of land described in Schedule 2 hereto shall become and be absolutely vested in “the Church Property Trustees”, to be held by them upon trust to permit the same to be used as a site for a church for the worship of Almighty God, by members of the Church of the Province of New Zealand, commonly called the Church of England.

    Section 2 was amended, as from 29 October 1878, by section 2 Church Trust Property at Little River Exchange Act 1877 Amendment Act 1878 (1878 No 28(L)) by substituting the words “eighteen months” for the words “six months”.

3 District Land Registrar to issue certificate

  • On proof that “the Church Property Trustees” have executed a conveyance, as mentioned in section two of this Act, of the parcel of land described in Schedule 1 hereto, the District Land Registrar at Christchurch shall, on application to him, and on payment of the usual fees, issue in favour of “the Church Property Trustees” a certificate of title in their favour for the said parcel described in Schedule 2 hereto.

Schedule 1

All that parcel of land in the Provincial District of Canterbury, being part of Rural Section numbered four thousand two hundred and sixty-three (4263), situate in the Banks' Peninsula District, and containing by admeasurement one (1) acre, more or less. Bounded towards the South by a line commencing at a point distant three hundred and seventeen (317) links in a westerly direction from the south-east corner of Rural Section numbered four thousand two hundred and sixty-three (4263), one hundred and fifty-eight and a half (158.5) links; towards the West by other part of said section, six hundred and thirty-four (634) links; towards the North by other part of said section, one hundred and fifty-eight and a half (158.5) links; and towards the East by other part of said section, six hundred and thirty-four (634) links; be all the aforesaid linkages more or less, as the same is delineated on the plans deposited in the Provincial District Survey Office, Christchurch.

Schedule 2

All that parcel of land in the Provincial District of Canterbury, being part of Rural Section numbered four thousand two hundred and sixty-three (4263), situate in the Banks' Peninsula District, and containing by admeasurement one (1) acre, more or less. Bounded towards the South by a line commencing at the south-eastern corner of said section, one hundred and fifty-eight and a half (158.5) links; towards the West by other part of said section, six hundred and thirty-four (634) links; towards the North by other part of said section, one hundred and fifty-eight and a half (158.5) links; and towards the East by rural section numbered two thousand two hundred and forty-three (2243), six hundred and thirty-four (634) links: be all the aforesaid linkages more or less, as the same is delineated on the plans deposited in the Provincial District Survey Office, Christchurch.