Numb. 40.

651

THE

NEW ZEALAND GAZETTE.

Published by Authority.

WELLINGTON, MONDAY, AUGUST 12, 1872.

(L.S.) G. F. BOWEN, Governor.

A PROCLAMATION.

WHEREAS by "The Immigration and Public Works Act, 1870," it is enacted that the railways to be constructed under the said Act shall be only such railways as shall from time to time be determined by the General Assembly: And it is also thereby enacted that, subject to the provisions contained therein, the Governor may construct, or cause to be constructed, any lines of railway which shall be prescribed by the General Assembly as railways to be constructed under the said Act, or any part or parts thereof, and acquire the necessary engines, plant, and machinery for working and using the same, or any of them: And it is also thereby enacted that, whenever the Governor shall determine to construct any such railway, or any part thereof, it shall be lawful for him, by Proclamation published in the New Zealand Gazette, to declare and define the limits and description and line thereof, and the lands proposed to be taken for the purpose of such railway, subject to the provisions of any Act defining such limits and descriptions, and any such Proclamation may refer to maps, plans, or drawings to be deposited in the office of the Registrar or Deputy Registrar of the Supreme Court in the Province in which such railway or part thereof is proposed to be constructed, and any maps, plans, or drawings so referred to shall be deemed to form part of such Proclamation; and upon the publication of such Proclamation the provisions and regulations contained in the Seventh Part of the said Act shall be applicable to the railway, and to the lands to which the Proclamation shall relate: And it is also thereby enacted that it shall be lawful for the Governor to make, construct, and maintain any such railway as aforesaid, with proper works, approaches, and conveniences connected therewith, commencing at the place delineated on, and extending along the lines set forth in, and terminating at a point described in the Act or Proclamation proclaiming and defining such railway, or shown in the maps, plans, or drawings referred to in such Act or Proclamation:

And it is also thereby enacted that the Governor may direct that any part of such line of railway may be constructed on and along any part of any public highway, and that any part of any such line of railway may be constructed on or through any public reserves : And it is also thereby enacted that, subject to the provisions of that Part of the said Act and of the Acts incorporated therewith, the Governor may exercise all or any of the powers by that Part of the said Act or the said incorporated Acts conferred upon him for the construction of any such railway, and may enter upon, and cause to be entered upon, all lands within the Colony for the purpose of making such surveys as may be necessary, and may take and hold all the lands required for the railway along the line set forth and described as aforesaid, or within the limits of deviation described in the Proclamation relating thereto, and may temporarily occupy and use such lands as may be necessary on either side of the railway, during the construction thereof:

And whereas by "The Railways Act, 1871," it is enacted that the Governor may, under the provisions of the first-mentioned Act and of the now reciting Act, construct and maintain, or cause to be constructed and maintained, the several lines of railway in the Province of Auckland specified in the First Schedule thereto: And it is also thereby enacted that the line of the railways thereby authorized to be constructed shall be fixed by the Governor, and shall commence and terminate at points to be fixed by the Governor: And whereas the Governor has determined to construct and maintain a railway from Auckland to Mercer, with branch to Onehunga, the same being a line of railway specified in the said First Schedule:

Now therefore, I, Sir George Ferguson Bowen, the Governor of New Zealand, in exercise and pursuance of the powers and authorities conferred on me by the said first-mentioned Act, and in exercise of every other power enabling me in this behalf, do hereby proclaim, declare, and define the limits, description, and line of the said railway to be those set forth in the First Schedule hereto; and