Preamble

WHEREAS the parcels of land described in Schedule 1 hereto were originally reserved and laid off for the purposes of a public road along the northern bank of the River Halswell, but such road is not required, and the convenience of the public would be consulted if the said road was closed and a new public road obtained and made over the parcels of land described in Schedule 2 hereto: And whereas it is doubtful whether, in the absence of direct parliamentary authority, the Lincoln Road Board, being the local authority having jurisdiction over the said road so reserved and laid off, has authority to close the said road and dispose of the land forming the same: And whereas it is desirable that power should be given to the Lincoln Road Board to close the said first-mentioned road and to construct a new road in place and stead thereof, and to do all things necessary for acquiring the land necessary for such new road and transferring the land forming the existing and first-mentioned road to the persons owning land fronting thereon:

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

This Act may be cited as the Lincoln Road Board Empowering Act 1908.

2 If and when a new road over land described in Schedule 2 has been dedicated and opened to public use, the parcels of land described in Schedule 1 to vest in Board, and the Board may sell and transfer such last-mentioned lands

If and when a new road one chain wide over any of the lands described in Schedule 2 hereto, or in the vicinity thereof, has been dedicated to the use of the public for the purposes of a public road, and has been opened to the public for use as a public road, then and immediately thereon the parcels of land described in Schedule 1 hereto shall cease to be a public road and shall vest in the Lincoln Road Board for an estate of fee-simple and inheritance in possession free from incumbrances, and the said Board may sell and transfer the same to the owner or owners of land fronting thereon, to each several such owner so much of the said land as has heretofore formed the road along and in front of his holding:

Provided that every such sale shall be subject to a right of way on foot for the public over and along the land sold.

3 Any land described in Schedule 1 conveyed or transferred to any frontager thereon to be held subject to the same charges (if any) as land fronting thereon is subject

If and when any of the land described in Schedule 1 hereto is conveyed or transferred by the Lincoln Road Board to any frontager thereon by virtue of this Act, then and in each case such land shall be held by the person to whom it is so conveyed or transferred for an estate of fee-simple and inheritance in possession, but subject to the same mortgages, leases, trusts, or other incumbrances (if any) as the land fronting thereon is subject to.

4 Question as to line to be followed in laying off and constructing portion of such new road to be submitted to ratepayers

The question whether the said new road shall be laid off and constructed on the north-eastern or south-western side of the line forming the boundary between Rural Section No 2968 and the Rural Sections Nos 1882 and 2076 shall be submitted to the rate-payers of No 2 Section of the Lincoln Road District in manner provided in the Local Elections and Polls Act 1976, the provisions of which Act shall, mutatis mutandis, apply.

A reference to the Local Elections and Polls Act 1908 (1908 No 107) was repealed, as from 1 April 1926, by section 84 Local Elections and Polls Act 1925 (1925 No 35). That Act was in turn repealed, as from 27 August 1953, by section 103(1)Local Elections and Polls Act 1953 (1953 No 16). That Act was in turn repealed, as from 26 October 1966, by section 92(1) Local Elections and Polls Act 1966 (1966 No 101). That Act was in turn repealed, as from 1 April 1977, by section 124(1) Local Elections and Polls Act 1976 (1976 No 144).

5 Power to Board to lay off and construct new road in accordance with the Act and result of the poll

The Lincoln Road Board may lay off and construct such new road as a public work in accordance with the provisions of this Act and the result of the said poll so to be taken as aforesaid.

6 Board empowered to do all things necessary for the purpose of giving effect to the provisions of the Act

The said Board may enter into, make, and execute any contract, agreement, conveyance, transfer, assignment, or other assurance, and do all other things it may deem necessary for giving effect to the provisions of this Act.

Schedule 1

ALL that road, 1 chain wide, in Block V, Halswell Survey District, containing 7 acres 3 roods, more or less, bounded on the south and south-west by the River Halswell; on the north-east by a line in continuation of the north-east boundary of Rural Section 1435; on the north and north-east by Rural Section 1435; and on the north-west by the creek forming the west boundary of Rural Section 1435: all that road, 1 chain wide, in the Halswell Survey District, Block V, containing 2 acres 1 rood, more or less, bounded on the north-west by Rural Section 1882; on the south-west by a line in continuation of the south-west boundary of the said section; on the south-east by the River Halswell; and on the east by the creek forming the east boundary of the said section: the said pieces of land being coloured green on plan.

Schedule 2

ALL that piece of land in Block V, Halswell Survey District, containing 2 acres 3 roods, more or less, forming a rectangular block 2 chains in width, being parts of Rural Sections 2968, 4360Χ, 2076, and 1882, the centre-line of which said piece of land is the line now forming the boundary between Rural Section 2968 and Rural Sections 1882 and 2076, extending from the north corner of Rural Section 2076 to the creek forming the south-east boundary of Rural Section 1882: all that piece of land in the Halswell Survey District, Block V, containing 5 acres 2 roods, more or less, being part of Rural Sections 1435 and 5061, commencing at the south corner of Rural Section 5061; thence north-westerly about 4 chains to a point in Rural Section 1435 1 chain from the south-west boundary of Rural Section 5061; thence north-westerly by a line parallel to and 1 chain distant from the said south-west boundary, a distance of about 22 chains; thence north-westerly by a straight line to the north-west boundary of Rural Section 1435; thence north-easterly along that boundary 2 chains (measured at right angles to the last-described line); thence south-easterly to a point on the south-west boundary of Rural Section 5061 about 28 chains from the south corner of that section; thence south-easterly along that boundary about 24 chains; thence south-easterly through Rural Section 5061 to a point on the south-east boundary of that section about 1 chain north-east of the south corner thereof; and thence south-westerly along the south-east boundary of Rural Section 5061 to the commencing-point: the said pieces of land being coloured red on a plan a copy of which is deposited in the Head Office, Department of Lands and Survey, at Wellington, numbered 1172.

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Lincoln Road Board Empowering Act 1908