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Canterbury Provincial Ordinances |
2. The Inwood Mill Ordinance 1858
Whereas Daniel Inwood is desirous of erecting a flour mill upon a certain piece of land lately purchased by him from the Crown, situate upon an island in the River Avon, opposite to Oxford Terrace West, in the Town of Christchurch, and for
such purpose is desirous of constructing a dam across the said river from the said island to the banks of the said river on either side, as now delineated and shewn on the Chief Surveyor's Map of the said Town: And Whereas the said Daniel Inwood is willing, in consideration of being permitted to construct the said dam and a mill race, and to enjoy the free use of the water of the said river for
the purpose of working the said mill, to erect such mill, and to make the
mill dam, subject to certain specifications to be approved
of by the Provincial
Engineer of the Province of Canterbury for the time being, and also at his the
said Daniel Inwood's own cost
to make a safe and commodious cart bridge across
the said river, adjacent to the said mill: And whereas it is expedient tha
permission
should be given to the said Daniel Inwood, his heirs or Assigns, to
work such mill as aforesaid, subject to the conditions hereinafter
contained:
Be it therefore enacted by the Superintendent of the Province of Canterbury,
by and with the consent of the Provincial Council thereof
as
follows:—
1. Daniel Inwood to be allowed to put a mill on the river Avon.
It shall be lawful for the said Daniel Inwood, his Heirs or Assigns, at any
time from and after the passing of this Ordinance, to
make and maintain a mill
race and mill dam in thc said river at any part thereof situate between the said
piece of land and the banks
of the said river adjacent, and to put a mill wheel
or wheels in the said river, and to have and exercise at all times during the
period of thirty years from the date of the passing of this Ordinance the right
to use the water of the said river for the purpose
of such mill without let or
hinderance from any person or persons whomsoever.
2. Flow of water not to be raised more than three feet above the present level.
It shall not be lawful for the said Daniel Inwood, his Heirs or Assigns, by
such dam, or by any obstruction in the said river, to
raise the flow of the
water thereof more than three feet above its present level; such new level to
be ascertained and determined
by a permanent stone mark, to be fixed and
maintained by the Owners and Occupiers for the time being of the said mill, upon
the bank
of the said river, under direction of the Provincial Engineer of the
said Province, but at the sole cost of the said Daniel Inwood,
his Heirs or
Assigns.
3. Mill-race, dam, and cart-bridge to be made within two years, and kept in repair. This Ordinance not to protect Daniel Inwood against damages on account of injury done to private property or public roads.
The said mill race, mill dam, and cart bridge, respectively, shall be erected and made to the satisfaction of the said ProvinciaI Engineer within the space of two
years from the passing of this against Ordinance, and the said mill race and
mill dam and bridge shall be from time to time maintained
and kept in repair to
the satisfaction of the Provincial Engineer, at the sole cost of the said Daniel
Inwood, his Heirs, or Assigns.
Provided that nothing herein contained shall be
deemed or construed to protect or indemnify the said Daniel Inwood, his Heirs,
Executors,
Administrators, or Assigns, against any costs, damages, or expenses
which may be incurred by him or them for or on account of injury
done or caused
to the property of any private individual, or to any public road, by or by
reason of the said mill dam or mill race,
respectively, or either of
them.
4. The same to be removed if the river be required for navigation.
If at any time it shall appear expedient to the Superintendent and Provincial
Council of the Province of Canterbury, for the purpose
of promoting the free
navigation of the said river, to remove the said mill race or mill dam, it shall
be incumbent upon the said
Daniel Inwood entirely to remove such mill race and
mill dam within twelve months after he shall have received notice in writing
to
that effect from the Superintendent.
5. Superintendent and Provincial to authorise the diversion of the water of the river above the mill-dam if so required for public purposes.
Nothing herein contained shall prevent the Superintendent and Provincial
Council to authorise the taking out or diversion at any point
above the said
mill dam of such portion of the water of the said river as may be required for
any public purpose, or for the use
and benefit of the public.
6. If conditions contained in this Ordinance not enforced by the Millowner, this Ordinance to become void.
If at any time from and after the passing of this Ordinance, the said Daniel Inwood, his Heirs or Assigns, or other the Owners or Occupiers for the time being of the said mill, shall neglect or decline to perform the conditions hereinbefore contained on his or their part to be performed for the space of one calendar
month after having been required so to do by notice, in writing, from the
Superintendent of the said Province for the time being,
then, from and after the
expiration of the said period of one calendar month, and such neglect or refusal
as aforesaid, this Ordinance
shall become void and of no effect.
7. Title.
This Ordinance shall be intituled and may be cited as "The Inwood Mill
Ordinance, Session IX., No. 2."
Notes.
This Ordinance was passed by the Canterbury Provincial Council on 11th
February 1858, and reserved for the Governor’s assent.
Governor Gore
Browne assented to it on 23rd April.
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URL: http://www.nzlii.org/nz/legis/can_ord/imo1858190