Act Repealed Latest version as at 30 July 1886 (as enacted) | 1886 No 11

Borough of Mornington Boundaries Act 1886

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Contents

Preamble.

Short Title.

Alteration of boundaries of Mornington Borough.

Power to Corporation of Dunedin to convey parts of Town Belt.

FIRST SCHEDULE

SECOND SCHEDULE

Borough of Mornington Boundaries Act 1886

Local Act		1886 No 11
Date of assent		30 July 1886

	Title
	Preamble.
1	Short Title.
2	Alteration of boundaries of Mornington Borough.
3	Power to Corporation of Dunedin to convey parts of Town Belt.
	FIRST SCHEDULE
	SECOND SCHEDULE

An Act to further define a Portion of the Boundary between the City of Dunedin and the Borough of Mornington, and to validate certain Encroachments on the Town Belt of Dunedin.

Preamble.

WHEREAS, by Proclamation under the hand of His Excellency the Governor, dated the twelfth day of May, one thousand eight hundred and seventy-seven, and issued under and by virtue of “The Municipal Corporations Act, 1870,” a borough called “the Borough of Mornington” was thereby constituted and its boundaries defined: And whereas certain residents in the Mornington Road District, which was afterwards and is now included in the said Borough of Mornington, long before the constitution of the said borough, relying on the plans of the Township of Mornington deposited in the Deeds Registry Office at Dunedin, unwittingly and in good faith erected buildings, or. parts of buildings, on allotments of the said Township of Mornington abutting on the Town Belt of the City of Dunedin, which buildings, or parts thereof, encroach upon the said Town Belt: And whereas it is advisable that part of the eastern boundary of the said Borough of Mornington, fronting on the Town Belt of the City of Dunedin, should be altered, and that the said encroachments should be validated:

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 is “The Borough of Mornington Boundaries Act, 1886.”

2 Alteration of boundaries of Mornington Borough.

The parcel of land described in the First Schedule hereto shall, from the date hereof, be included in the Borough of Mornington; and the boundaries of the said borough, as set forth in the Proclamation of His Excellency the Governor dated the twelfth day of May, one thousand eight hundred and seventy-seven, shall be altered accordingly so as to include the said parcel of land.

3 Power to Corporation of Dunedin to convey parts of Town Belt.

For the purpose of giving effect to the alteration of the boundaries of the said Borough of Mornington contained in the last-preceding section of this Act, the Corporation of the Mayor, Councillors, and citizens of the City of Dunedin, shall grant and convey to the several persons mentioned in the first column of the Second Schedule hereto, or to their assigns, the several parcels of land the descriptions whereof are specified opposite their respective names in the second column of the said Second Schedule: Provided nevertheless that nothing herein contained shall prejudice or affect the rights of any persons who hold, or purport to hold, mortgages, leases, or other incumbrances of the said land; but the rights (if any) of all such persons shall be considered to be of the like validity as if there had been no encroachment on the Town Belt of Dunedin of the respective lands contained in the instruments held by such persons.

SCHEDULES

FIRST SCHEDULE

All that parcel of land in the Provincial District of Otago, in the Colony of New Zealand, containing by admeasurement 3 roods 22.5 perches, being part of the Town Belt of Dunedin, delineated on the record-map of the said town, commencing at a point being the intersection of the boundary of the said Town Belt with the north side of a street shown on a plan of the Township of Mornington deposited in the Deeds Registry Office at Dunedin, and called Mailer Street, and bounded thence towards the South-west by Mailer Street aforesaid, 79·5 links, at a true bearing of 291° 32′; towards the South-east by part of the said Town Belt, 992·7 links, at a true bearing of 198° 24′; towards the North by Hawthorn Avenue, shown on the said plan of the Township of Mornington, 114 links, at a true bearing of 268° 14′; and towards the North-west by parts of Sections Nos. 15 and 2, Block I., Township of Mornington aforesaid, Maclaggan Street aforesaid, and parts of Sections Nos. 2, 3, 4, 5, 6, 7, 8, and 9, Block II. of the said township, 948·7 links, at a true bearing of 196° 45′ 20″: be all or any of the aforesaid linkages and area a little more or less.

SECOND SCHEDULE

First Column.	Second Column.
William Campbell, of Dunedin, carpenter.	All that parcel of land in the Provincial District of Otago aforesaid, containing by admeasurement 9.7 perches, being part of the said Town Belt, commencing at a point being the intersection of the boundary of the said Town Belt with the south side of Hawthorn Avenue aforesaid, and bounded thence towards the North by Hawthorn Avenue aforesaid, 46.4 links; towards the South-east by part of the said Town Belt, 210.8 links; towards the South-west by other part of the said Town Belt, 32 links; and towards the North-west by other part of the said Section No. 15, 200.8 links: be all or any of the said linkages and area a little more or less.
James Nimon.	All that parcel of land in the Provincial District of Otago aforesaid, containing by admeasurement 23 perches, being part of the said Town Belt, commencing at a point 46.4 links distant in an easterly direction from the intersection of the boundary of the said Town Belt with Hawthorn Avenue aforesaid, and bounded thence towards the North by Hawthorn Avenue aforesaid, 67.6 links; towards the Southeast by the said Town Belt, 219 links; towards the Southwest by other part of the said Town Belt, 71.3 links; and towards the North-east by other part of the said Town Belt, 210.8 links: be all or any of the said linkages and area a little more or less.
The Commercial Property and Finance Company (Limited): subject to equity of redemption of Margaret Stewart Muir, wife of Walter Muir, of Mornigton, blacksmith, and also subject to the life estate of Ann Robertson, of Mornington, spinster.	All that parcel of land in the Provincial District of Otago aforesaid, containing by admeasurement 17.6 perches, being part of the said Town Belt, commencing at a point being the intersection of the boundary of the said Town Belt with the north side of Maclaggan Street aforesaid, and bounded towards the North-west by part of Section No. 2, Block I., Mornington aforesaid, 110 links; towards the North by the said Town Belt, 103.3 links; towards the South-east by other part of the said Town Belt, 110.6 links; and towards the South-west by other part of the said Town Belt, 100 links: be all or any of the said linkages and area a little more or less.
Henry North, of Anderson’s Bay, gentleman: subject to equity of redemption of Mary Fogarty, wife of Mathew Fogarty, of Mornington, gardener.	All that parcel of land in the Provincial District of Otago aforesaid, containing by admeasurement 18.4 perches, being part of the said Town Belt, commencing at a point being the intersection of the boundary of the Town Belt of Dunedin aforesaid with the south side of Maclaggan Street aforesaid, and bounded thence towards the North-east by the said Town Belt, 98.2 links; towards the South-east by other part of the said Town Belt, 121.8 links; towards the South-west by other part of the said Town Belt, 94.6 links; and towards the North-west by part of Section No. 2, Block II., Township of Mornington aforesaid, 121.2 links: be all or any of the said linkages and area a little more or less.
William Whyte, of Dunedin, grocer: subject to trusts set forth in deed of conveyance bearing date 19th September, 1871, registered number 28041.	All that parcel of land in the Provincial District of Otago aforesaid, containing by admeasurement 17.5 perches, being part of the said Town Belt, commencing at a point distant 121.2 links in a south-westerly direction from the intersection of the boundary of the Town Belt of Dunedin aforesaid with the south side of Maclaggan Street aforesaid, and bounded thence towards the North-east by the said Town Belt, 94.6 links; towards the South-east by other part of the said Town Belt, 120.2 links; towards the South-west by other part of the said Town Belt, 91 links; and towards the North-west by Sections Nos. 3 and 4, Block II., Township of Mornington aforesaid, 119.6 links: be all or any of the said linkages and area a little more or less.
Alexander Watson, of Mornington, wheelwright: upon trusts set forth in deed of conveyance bearing date the 27th July, 1881, registered number 52408.	All that parcel of land situate in the Provincial District of Otago aforesaid, containing by admeasurement 8·7 perches, being part of the said Town Belt, commencing at a point distant 240.8 links in a south-westerly direction from the intersection of the boundary of the said Town Belt with the south side of Maclaggan Street aforesaid, and bounded thence towards the North-east by the said Town Belt, 91 links; towards the South-east by other part of the said Town Belt, 61.8 links; towards the South-west by other part of the said Town Belt, 89.2 links; and towards the North-west by part of Section No. 5, Block II., Township of Mornington aforesaid, 61.5 links: be all or any of the said linkages and area a little more or less.
Donald McLeod, of Dunedin, teacher.	All-that parcel of land situate in the Provincial District of Otago aforesaid, containing by admeasurement 8.4 perches, being part of the said Town Belt, commencing at a point distant 302·3 links in a south-westerly direction from the intersection of the boundary of the said Town Belt with the south side of Maclaggan Street aforesaid, and bounded thence towards the North-east by the said Town Belt, 89.2 links; towards the South-east by other part of the said Town Belt, 61 links; towards the South-west by other part of the said Town Belt, 87.4 links; and towards the North-west by part of Section No. 6, Block II., Township of Mornington aforesaid, 60.7 links: be all or any of the said linkages and area a little more or less.
Arabella Jeffreys Valpy, of Mornington, spinster.	All that parcel of land situate in the Provincial District of Otago aforesaid, containing by admeasurement 8·2 perches, being part of the said Town Belt, commencing at a point distant 363 links in a south-westerly direction from the intersection of the boundary of the said Town Belt with the south side of Maclaggan Street aforesaid, and bounded thence towards the North-east by the said Town Belt, 87.4 links; towards the South-east by other part of the said Town Belt, 60.6 links; towards the South-west by other part of the said Town Belt, 85.6 links; and towards the Northwest by part of Section No. 7, Block II., Township of Mornington aforesaid, 60·3 links: be all or any of the said linkages and area a little more or less.
William Stewart, of Brighton, in the Provincial District of Otago, missionary.	All that parcel of land situate in the Provincial District of Otago aforesaid, containing by admeasurement 8 perches, being part of the said Town Belt, commencing at a point distant 423·3 links in a south-westerly direction from the intersection of the boundary of the said Town Belt with the south side of Maclaggan Street aforesaid, and bounded thence towards the North-east by the said Town Belt, 85.6 links; towards the South-east by other part of the said Town Belt, 60 links; towards the South-west by other part of the said Town Belt, 84.2 links; and towards the Northwest by part of Section No. 8, Block II., Township of Mornington aforesaid, 59.7 links: be all or any of the said linkages and area a little more or less.
Charles Field, of Mornington.	All that parcel of land situate in the Provincial District of Otago aforesaid, containing by admeasurement 13.5 perches, commencing at a point distant 483 links in a south-westerly direction from the intersection of the boundary of the said Town Belt with the south side of Maclaggan Street aforesaid, and bounded thence towards the North-east by the said Town Belt, 84.2 links; towards the South-east by other part of the said Town Belt and a road-line, 115.7 links; towards the South-west by Mailer Street aforesaid, 79.5 links; and towards the North-west by part of Section No. 9, Block II., Township of Mornington aforesaid, 94.1 links: be all or any of the said linkages and area a little more or less.

Borough of Mornington Boundaries Act 1886