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Canterbury Provincial Ordinances |
9. The Peacock Jetty Extension Ordinance 1865.
Analysis. Preamble.
1. Superintendent may lease land described in Schedule to J.J. Peacock on conditions.
2. Power to resume possession of land so leased.
3. This Lease not to be entitled to Compensation.
4. This Ordinance to be read as part of “Peacock Wharf Ordinance, Sess.
VIII. No. 9.”
Whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Canterbury entituled “The Peacock Wharf Ordinance Session VIII. No. 9” it is enacted that it should be lawful for the Superintendent with the advice and consent of the Executive Council at any time from and after the coming into operation of the said Ordinance to demise to John Jenkins Peacock of Sydney in New South Wales Merchant his Executors Administrators and Assigns a parcel
of land being part of the demesne lands of the Crown within the said Province and described in the Schedule A to the said Ordinance for the purpose of erecting wharves and jetties thereon subject to certain conditions in the said Ordinance set forth and whereas the said John Jenkins Peacock is desirous of obtaining a lease of the parcel of land in the Schedule to this Ordinance particularly described for the extension of the jetty erected on the parcel of land described in the Schedule A to the said recited Ordinance And whereas by Crown Grant baring date the Thirtieth Day of December One thousand eight hundred and sixty-four all that parcel of land in the Province of Canterbury in the Colony of New Zealand situate in and fronting upon Erskine Bay in the Harbour
of the Port of Lyttelton contained by admeasurement Three (3) acres Two (2) roods and Thirty-five (35) perches more or less bounded on the north by Sections 313 and 314 in the Town of Lyttelton Two hundred and eighty-three (283) links on the east by a line in continuation of the west side of Dublin Street in the town of Lyttelton aforesaid six hundred and thirty five (635) links on the west by a line drawn from the south-west corner of Section 313 to the nearest point of the base of the cliffs an by the base of the cliffs to a point being Twenty
(20) feet west of the intersection of the continuation of the northwestern
boundary of the before-mentioned section 313 with the base
of the cliffs
before-mentioned thence by a line parallel to and Twenty (20) feet distant from
the continuation befor-mentioned Five
hundred (500) links and on the south by a
curved line connecting the southern extremity of the last-mentioned line with
the southern
extremity of the before-mentioned eastern boundary of the land
thereby granted as the same is delineated in the plan drawn on the
margin of the
said Crown Grant with the rights and appurtenances thereto belonging was granted
unto the Superintendent of the Province
of Canterbury and his Successors in
trust for the improvement of the Harbour of Port Lyttelton and other purposes of
public utility
An whereas it is expedient that a power to grant Leases of the
said parcel of land should be granted to His Honor the Superintendent
of
Canterbury subject to the conditions hereinafter contained:
Be it therefore enacted by the Superintendent of the said Province, with the
advice and consent of the Provincial Council thereof,
as follows:
1. Superintendent may lease land described in Schedule to J.J. Peacock on conditions.
It shall be lawful for the Superintendent for the time being with the advice
an consent of the Executive Council at any time after
the coming into operation
of this Ordinance to emise unto the said John Jenkins Peacock his Executors
Administrators and Assigns
by any deed or deeds to be made by and in the name of
such Superintendent and executed under the public seal of the said Province
the
parcel of land in the Schedule to this Ordinance particularly described or any
part or parts thereof for any term not exceeding
forty-eight years in possession
at a nominal rent and upon such terms and conditions and subject to such
covenants on the Lessee’s
part as the said Superintendent shall think
fit.
2. Power to resume possession of land so leased.
If at any time during the said term the premises specified in the Schedule to
this Ordinance or any part thereof shall be require
for any purpose of public
utility it shall be lawful for the Superintendent for the time being with the
advice and consent of the
Executive Council to resume his possession of the said
parcel of land upon giving to the said John Jenkins Peacock his Executors
Administrators or Assigns or leaving at his or their last or usual place of
abode in New Zealand six calendar months’ previous
notice in writing of
the intention to resume possession.
3. This Lease not to be entitled to Compensation.
In the event of the said parcel of land or any part thereof being resumed as
aforesaid the said John Jenkins Peacock his Executors
Administrators or Assigns
shall not be entitled to any compensation whatsoever by reason thereof Provided
always that no such resumption
shall take place until the said John Jenkins
Peacock his Executors Administrators or Assigns shall have been tendered or have
received
compensation for the land demised to him by an Ordinance entituled
“The Peacock Wharf Ordinance Session VIII. No. 9.”
4. This Ordinance to be read as part of “Peacock Wharf Ordinance, Sess. VIII. No. 9.”
Except as aforesaid, this Ordinance shall be interpreted as and considered a part of “The Peacock Wharf Ordinance Session VIII.
No. 9.”
5. Title.
This Ordinance shall be entituled and may be cited as "The Peacock Jetty
Extension Ordinance, 1866.
Schedule.
All that piece or parcel of land, commencing at the south-eastern corner of
the parcel of land escribe in the Schedule A to the “Peacock
Wharf
Ordinance, Session VIII. No. 9,” thence extending southerly in
continuation of the eastern boundary of the said parcel
of land 200 feet or
thereabout; thence south-westerly in a parallel line with and distant 200 feet
from the boundary of the said
first mentioned parcel of land to a line 20 feet
beyond the continuation of the western boundary thereof; thence along the base
of
the cliffs and along the western and southern boundaries of the said first
mentioned parcel of land to the commencing point, as the
same is more
particularly delineated in the plan hereunto annexed.
Notes.
This Ordinance was passed by the Canterbury Provincial Council on the 12th of
January 1866, and assented to by the Superintendent on the 25th of January.
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URL: http://www.nzlii.org/nz/legis/can_ord/pjeo1866312