WHEREAS the Main Road Reserve through the County of Pahiatua was originally laid off in some places two chains and in some places three chains wide, for road and railway purposes: And whereas the line of railway through the said county was subsequently located and is now constructed, in consequence of which only a small portion of the said reserve at the northern end is required for the purposes of the Railway Department: And whereas great inconvenience arises from the excessive width of the said reserve through the said county, and it is expedient that power should be given to the Pahiatua County Council to sell a certain portion of the said reserve in such manner as to reduce the width of the said reserve to one chain:

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 Pahiatua County Council Empowering Act, 1902.”

2 Interpretation.

Where used in this Act,—

“Council” shall mean the body corporate of the Pahiatua County Council, comprising the Chairman, Councillors, and Inhabitants of the County of Pahiatua:

“The reserve” shall mean and include all that portion of the Main Road Reserve through the County of Pahiatua from the southern to the northern boundary of the said county as the said southern and northern boundaries are described in the Schedule to “The Counties Act Amendment Act, 1888,” except the portion in the Pahiatua Borough.

3 Council may sell portion of reserve.

In all such parts of the reserve as are two chains wide the Council may by absolute sale dispose of a strip of land on either side of the reserve not more than fifty links wide, and in all such parts of the reserve as are three chains wide the Council may by absolute sale dispose of a strip of land on either side of the reserve not more than one hundred links wide, in such manner as to leave the roadway a clear chain wide in the centre of the reserve

4 To whom sales may be made.

Such sales shall only be made to the owners in fee-simple of the lands adjoining the reserve.

5 How frontage to be determined.

The portion of the reserve which may be sold to each such owner of adjoining land shall be determined by producing the boundary-lines of each such owner’s adjoining property to such a distance as will intersect the boundary-lines of the roadway to be left as mentioned in section three hereof, but due provision shall be made for maintaining the junction of all by-roads with the said road to the full width.

6 Council to fix price subject to certain conditions.

The purchase-money payable upon the sale of any part of the lands hereby authorised to be sold shall be the amount of the unimproved value of such land as defined in subsection five of section five of “The Government Valuation of Land Act, 1896”

7 Receipt or discharge for purchase-money to be sufficient title to land.

It shall not be necessary for the Council to execute conveyances of any of the said lands to the purchasers respectively, but upon payment of the amount due each purchaser shall be entitled to receive from the Council a receipt or discharge in the form set forth in the Schedule hereto, sealed with the common seal of the Council; and such receipt or discharge shall authorise the District Land Registrar at Wellington to issue certificates of title to the said purchasers.

8 Disposal of proceeds of sales.

The proceeds of any such sale as hereinbefore mentioned shall be devoted to the following purposes: First, to the payment of all reasonable charges incurred by the Council in connection with the passing of this Act; any balance which may remain or accrue thereafter shall be used by the Council in improving the said road.

9 Council may withhold sale of any portion or portions of land.

Notwithstanding the provisions aforesaid, the Council may withhold from sale any portion or portions of the said land which may be required as metal reserves or for any other purpose.

Schedule Receipt of Discharge under the Provisions of “The Pahiatua County Council Empowering Act, 1902.”

This is to certify that [Here insert name of purchaser in full] has this day paid to the Pahiatua County Council the sum of pounds shillings and pence, being the amount of purchase-money, at the rate of per acre, for acres roods perches of land, part of the original road reserve fronting [Here describe the sections or subsections, as the case may be] being the land, or part of the land, comprised in certificate of title entered in the Register-book, Wellington, Volume , folio

Dated this day of , 190. , Treasurer.

Pahiatua County Council Empowering Act 1902