176
THE NEW ZEALAND GAZETTE.

whole or a portion or portions of a line of railway,
the Governor, on behalf of Her Majesty, may enter
upon, take possession of, use and hold, or cause to be
entered upon, taken possession of, used and held, so
much of the lands defined in such Proclamation as
proposed to be taken as shall be required to be taken,
purchased, or permanently used for the purposes of
such railway, notwithstanding that an agreement
shall not have been come to or an award made for
the purchase or compensation money to be paid in
respect of such lands:

And whereas by the said last-mentioned Act it is
also enacted that in any case in which a road or
right of road has been or hereafter may be reserved
in any Crown grant, and in any case in which,
under "The Native Lands Act, 1865," or any law for
the time being in force relating to the sale of waste
lands of the Crown, or any law whatever, there is a
right to take a public road through any lands, it shall
be lawful, after such road shall have been surveyed,
to construct under the said Acts any railway or any
part of any railway, on the road so surveyed, not-
withstanding that such road may not have been made:

And whereas the Governor has determined to con-
struct and maintain portions of the railway author-
ized by "The Railways Act, 1871," to be constructed
from Napier to Ruataniwha, and by "The Railways
Act, 1872," from Napier to Waipukurau, which said
portions are hereinafter described:

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
hereinbefore recited Acts, 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 portions of the said railway
from Napier to Waipukurau be those set forth in
the First Schedules hereto; and that the lands speci-
fied and described in the Second Schedules hereto are
proposed to be taken for the purposes of the said
railway; and that the limits of deviation shall be
those set forth in the said First Schedule hereto; and
in pursuance and exercise of all powers and authori-
ties conferred on me in that behalf, I do hereby fix
the points of commencement of the said portions of
the said railway from Napier to Waipukurau to be,
for the first portion, the Government Reserve at the
north end of Colin Street, Gough Island, and the
point of termination thereof to be a point on the
northern boundary of Suburban Section No. 8 of
Awatoto; and for the second portion the point of
commencement to be a point on the northern bank
of the Ngaruroro River, at the western boundary of
the Mangateretere West Block, and the termination
thereof to be at the Te Aute Road, two thousand
three hundred links south-west of the eighteenth
mile post.

FIRST SCHEDULE-FOR FIRST PORTION.

Limits, Description, Line, and Limits of Deviation
of a portion of the Railway from Napier (Port), to
Waipukurau in the Province of Hawke's Bay.

COMMENCING at the Government Reserve at the
north end of Colin Street, on Gough Island, passing
over Gough Island, portion of harbour, Maori Island,
portion of harbour, Battery Point on Scinde Island,
along the western or southern base of Scinde Island,
through the Town of Napier, and the Tutae-o-mahu
Block; terminating at the northern boundary of
suburban section No. 8 of Awatoto, corresponding
with the northern boundary of the Upoko Block as
the limits, description, and line thereof are set forth
in the plan, and described in the book of reference
referred to on the face of the said plan, and which
plan and book are authenticated for the purposes of

this Proclamation by the signature of the Honorable
Edward Richardson, Minister for Public Works, to
be deposited in office of the Registrar of the Supreme
Court at Napier, or within the limits of deviation set
forth in the said plan by dotted red lines, being not
more than 110 yards on either side of the said line,
and passing through or over the several sections
of land, roads, reserves, rivers, and watercourses
enumerated in the Second Schedule hereto.

FIRST SCHEDULE-SECOND PORTION.

COMMENCING at a point on the northern bank of
the Ngaruroro River at the western boundary of the
Mangateretere West Block; crossing that river and
running through the Heretaunga Block and the
Kakiraawa Block to Paki Paki, and terminating at
the Te Aute Road, 2300 links south-west of the
eighteenth mile post, as the limits, description, and line
thereof are set forth on the plan and described in the
book of reference referred to on the face of the said
plan, and which plan and book are authenticated for
the purposes of this Proclamation by the signature of
the Honorable Edward Richardson, Minister, for
Public Works, to be deposited in the office of the
Registrar of the Supreme Court at Napier, or within
the limits of deviation set forth in the said plan by
dotted red lines, being not more than 110 yards on
either side of the said line, and passing through or
over the several sections of land, roads, reserves,
beaches, and watercourses enumerated in the
Second Schedule hereto.

SECOND SCHEDULE,

OR BOOK OF REFERENCE, FOR FIRST PORTION.
Lands and Roads proposed to be taken for the purposes
of the above portion of the Railway from Napier to
Waipukurau.

So much of the lands and roads hereinafter mentioned
as are required for the said railway along the line of
the said railway hereinbefore defined, or within the
limits of deviation aforesaid, as the lands are de-
scribed and defined in the plan or book of reference
aforesaid.

Government reserve at the north end of Colin
Street, Gough Island; Sections numbered 523, 524,
525, 526, Public Road; 527, 529, 530, Public Road;
531, 532, 533, Inner Harbour; Maori Island,
Inner Harbour; public road, Battery Reserve;
Napier Town Section No. 386, public road;
Napier Suburban Sections Nos. 5, 4, and 3,
public road; Town Sections Nos. 1, 2, 3, 4, 5, public
road; Town Sections Nos. 6, 7, 8; Government
Reserve, public road, Town Sections Nos. 23, 24, 25,
26, 27, 28, 29, and 30; Suburban Sections No. 2
and No. 1; Town Sections Nos. 31, 32, 33, 34, 35,
36, 37, and 58, public road; Town Sections Nos. 40
and 41; Suburban Sections Nos. 14, 15, and 16,
public road; Town Section, No. 57, Town Sections
Nos. 42, 43, 44, 45, public road; 46, 47, 48, 49, 50,
51, public road; Town Sections 52, 53, 54, 55, 56,
public road; Town Hall and Court House Reserve,
public roads, Town Sections Nos. 174, 175, 176, 177,
178, 179, 180, 181, 182-216, 217, 218, 219, 220,
public roads; Town Sections Nos. 183, 184, 185, 186,
187-221, 222, 223, 224, 225, public road; Town
Sections Nos. 188, 189, 190, 226, 227, 228, 229, 230,
231, 232, 233-349 (Reserve), 347, 348, 345, 346,
343, 344, 341, 342, 339, 340, 338, 336, 334, public
roads; Town Sections Nos. 350, 351, 352, 353, 354,
355, 356, 357, Government reserve; Town Sections
Nos. 361, 365, 368, 371, public roads; Town Sections
Nos. 362, 366, 369, and 372, public road; Town
Sections Nos. 374, 375, 377, 378, 379, 380, 381, 382,
383, 384, 305, 307-332, 329, 330, 327, 328, 325, 326,