An Act to authorise the Sale of certain Drainage Reserves in the City of Christchurch, and to authorise the Carrying-out of certain proposed Exchanges of Land by the Christchurch Drainage Board.

Preamble.

WHEREAS the land described in the First Schedule hereto was originally set apart and reserved for drainage purposes or was sold subject to an easement for drainage purposes: And whereas the said lands and the said easements are no longer required for drainage purposes: And whereas it is desirable that the said lands and the said easements as the case may be should be sold at a fair valuation to the owners of the adjoining property, care being taken to conserve the rights of mortgagees of such adjoining property: And whereas arrangements have been made by the Christchurch Drainage Board, by which the Board agreed to give certain reserves of land belonging to it to one Henry Slater, of Christchurch, solicitor, as trustee for Mrs. Cornelius Cuff, and certain other reserves belonging to it to one Edwin John Palmer, of Avonside, near Christchurch, farmer, in exchange for certain other lands to be conveyed to the Board by the said Henry Slater and Edwin John Palmer respectively: And whereas it is desirable to give effect to such arrangements and exchanges:

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 Christchurch Drainage Board Reserves Sale and Exchange Act, 1887.”

2 Interpretation.

In this Act, if not inconsistent with the context,—

The words “grant” or “issue a Grown grant” in relation to land subject to “The Land Transfer Act, 1885,” includes the issue of a warrant by the Governor under section twelve of the said Act to direct a District Land Registrar to issue a certificate of title under the said Act for such land; and in relation to any other land includes the issue of a Crown grant of such land or the making of any deed of conveyance or other instrument sufficient to assure the title to such land.

3 Governor may give effect to sales and exchanges.

The Governor may issue such Crown grants and do, execute, and perform the several acts, deeds, matters, and things necessary to give effect to the sales and exchanges authorised by this Act, and may antevest the legal estate in the grantee to such date as he thinks fit.

4 Sale of lands in First Schedule to owners of adjoining lands.

The Governor may sell the lands described in the First Schedule hereto to the owner or owners of the adjoining lands at prices to he determined by an appraiser appointed by the Christchurch Drainage Board.

5 Where lands abut upon land of different owners.

Where such last-mentioned lands abut upon the land of two or more different owners of adjoining land, the same may be sold partly to one adjoining owner and partly to another, or others, or wholly to one owner.

6 Release of easements, &c.

The Governor may release to the owner or owners of any of the lands mentioned and described in the First Schedule hereto any easement, right, or servitude to which the same may he subject at a price or prices to be determined by an appraiser appointed by the Christchurch Drainage Board.

7 Conveyances, &c., subjected to existing mortgages.

Such lands, easements, rights, or servitudes, when conveyed, Crown-granted, or released, shall be subject to such mortgages, leases, and incumbrances as the adjoining lands of the person to whom they are conveyed, Crown-granted, or released are subject.

8 Application of proceeds.

The moneys to be derived from the sale of the said lands and easements shall be paid to the Christchurch Drainage Board.

9 Issue of certificates of title for lands in Second Schedule when transferred.

The Governor may authorise the District Land Registrar at Christchurch to register transfers from the Christchurch Drainage Board, and to issue certificates of title to the persons named in the Second Schedule hereto for the lands therein described and set against their respective names.

SCHEDULES

FIRST SCHEDULE

All that area situated in the City of Christchurch, containing 3 roods 39 perches, more or less, being a strip of land 20 links wide, extending from Creyke Street to Madras Street, the nearest side of which is 190 links distant from and parallel to the north side of the South Town Belt, but not including any part of Montreal, Durham, Colombo, and Manchester Streets.

All that area situated in the City of Christchurch, containing 17 perches, more or less, being a strip of land 20 links wide, the southern boundary of which commences at a point on the east side of Madras Street, 183.5 links north of the South Town Belt, and which extends through Section No. 125 to Section No. 126, on a bearing of 70° 36′ North-east, hut not including any part of Fyfe Street.

All that area situated in the City of Christchurch, containing 1 rood 29 perches, more or less, being a strip of land 20 links wide, the south side of which commences at the western boundary of Section No. 126, and 380 links north of the South Town Belt, and runs parallel to the said South Town Belt for a distance of 555·5 links to Barbadoes Street, and from Barbadoes Street for a distance of 954·6 links; thence north-easterly, bearing North 44° 2′ East for 66·8 links; thence bearing North 18° 39′ 26" East for a distance of 594·2 links, to Lower High Street.

All that area situated in the City of Christchurch, containing 38 perches, more or less, being a strip of land 14 links wide, from Salisbury Street to the North Town Belt, parallel to and abutting on the west side of Madras Street, but not including any part of Taylor’s Lane and the street through Section No. 164.

All that area situated in the City of Christchurch, containing 1 perch, more or less, being a strip of land 10 links wide, extending in a westerly direction for a distance of 47 links from the last-mentioned strip of land parallel to and abutting on Salisbury Street.

All that area in the City of Christchurch, containing 1½ perches, more or less, being a strip of land 10 links wide, parallel to and abutting on the north side of Salisbury Street, extending in an easterly direction 93 links from the eastern boundary of Section No. 129.

All that area situated in the City of Christchurch, containing 23 perches, more or less, being a strip of land 18 links wide parallel to and abutting on the north side of Salisbury Street, extending from a point 71⅔ links east of Madras Street to the cemetery, 200 links west of Barbadoes Street, but not including any part of the lane which intersects Section No. 157.

All that area situated in the City of Christchurch, containing 1 rood 7 perches more or less, being a strip of land 18 links wide, extending from the North Town Belt to the last-mentioned strip of land, parallel to and the west side of which is 548 links east of the east side of Madras Street, but not including any part of North Street, New Street, and a street in Section No. 161.

As all the said parcels of land are shown and delineated on the Provincial Engineer’s map of the late Province of Canterbury, and reserved for the purposes of drains.

SECOND SCHEDULE

To Henry Slater, of the City of Christchurch, solicitor, a certificate of title to all that parcel of land situate in the District of Christchurch, containing by measurement 9 acres 3 roods 3 perches more or less, being a part of Drainage Reserve No. 2172, the boundary of which commences at a point being the westernmost corner of said reserve; thence runs south-easterly along the south-western boundary thereof, a distance of 1676½ links; thence north-westerly, at a bearing of 356° 50′ 28″, a distance of 1651·7 links to the road forming the north-western boundary of said reserve; thence south-westerly along the said road a distance of 1270½ links to the starting-point.

To Edwin John Palmer, of Avonside, near the City of Christchurch, farmer, a certificate of title to all that parcel of land situate in the Christchurch Survey District, Provincial District of Canterbury, containing 2 acres more or less, being part of Drainage Reserve No. 2171, the boundary of which commences at a point being the corner of the said reserve, opposite to the southernmost corner of Rural Section No. 7506; thence runs south-easterly along the road forming the north-eastern boundary of the said reserve, distances respectively of 272·9 links and 103·2 links; thence south-westerly, at a bearing of 262° 54′, a distance of 400 links; thence north-westerly, a bearing of 352° 54′, a distance of 469 links; thence north-easterly, at a bearing of 45° 52′, a distance of 241·4 links, to the before-mentioned road; thence south-easterly along the said road to the starting-point, a distance of 300 links.

Christchurch Drainage Board Reserves Sale and Exchange Act 1887