212
THE NEW ZEALAND GAZETTE.

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 tem-
porarily 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," and
"The Railways Act, 1872," it is enacted that the
Governor may, under the provisions of the herein-
before firstly recited Act and of the now reciting
Acts, construct and maintain, or cause to be con-
structed and maintained, the several lines of railway
specified therein: 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 by "The Immigration and
Public Works Act, 1872," it is enacted that as to
any railway which the Governor has been authorized
to construct, and to fix the commencing and termina-
tion points and line thereof, it shall be competent for
him, if he thinks fit, instead of fixing and proclaiming
such points and the whole line at one time, to fix and
proclaim portions of such line from time to time, and
the commencing and termination points of any such
portion or portions, and the limits and description of
any such portion or portions, and the lands proposed
to be taken for the purpose of any such portion or
portions, and to construct any portion or portions
so fixed, and to take the lands for the same; and
any such portion so proclaimed shall be deemed
to be a railway within the meaning of the said Act
and the said amending Act and this Act:

And whereas by "The Immigration and Public
Works Act, 1872," it is enacted that, at any
time after the expiration of twenty-one days
from the publication in the New Zealand Gazette,
and in a newspaper ordinarily circulating in the
district, of a Proclamation, under the thirteenth
section of the said Act, whether of the 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 a railway from Kaipara to
Riverhead, in the Province of Auckland, being a rail-
way authorized to be constructed by "The Railways
Act, 1871:

And whereas Sir George Ferguson Bowen, the
late Governor of the Colony of New Zealand, hath
departed thence for the Colony of New South Wales,
and Sir George Alfred Arney, Knight, the Chief
Justice of the said Colony, under or by virtue of a
certain warrant under the Royal Sign Manual and
Signet, is now the person lawfully administering the
Government of the said Colony:

Now therefore I, Sir George Alfred Arney,
Knight, Administrator of the Government of New
Zealand, in exercise and pursuance of the powers and
authorities conferred on me by the hereinbefore in
part 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 railway, from Kaipara to Riverhead, to be
those set forth in the First Schedule hereto; and
that the lands specified and described in the Second
Schedule 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 authorities conferred on me in that
behalf, I do hereby fix the point of commencement
of the said railway from Kaipara to Riverhead to be
at (or near) Harkin's Point, on the Waitemata, in
the Province of Auckland; and the point of termina-
tion thereof to be at (or near) a point situated
on the north side of the Court House Reserve at
Helensville, also in the said Province.

FIRST SCHEDULE.

KAIPARA RAILWAY.

Limits, Description, Line, and Limits of Deviation of
the Railway from Harkin's Point, near Riverhead,
to Kaipara, in the Province of Auckland.

COMMENCING at or near Harkin's Point, on the River
Waitemata, and passing in, through, or into the fol-
lowing Highway Board District and original allot-
ments of the said Province, viz. :-

The Ararimu South Highway Board District, the
original allotments hereinafter mentioned, and ter-
minating at or near a point situated on the north
side of the Court House Reserve at Kaipara, near
Helensville, 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 pur-
poses of the Proclamation, by the signature of the
Honorable Edward Richardson, Minister for Public
Works, and are deposited in the office of the
Registrar of the Supreme Court at Auckland; or
within the limits of deviation set forth on 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, places, and watercourses enumerated in the
Second Schedule hereto.

SECOND SCHEDULE.

Lands proposed to be taken for the purposes of the
Kaipara Railway.

So much of the lands hereinafter mentioned, along
the line of the said railway hereinbefore defined, as
the said lands are described and defined in the plan
and book of reference aforesaid.

ARARIMU SOUTH HIGHWAY BOARD DISTRICT.
Waitemata River, Paremoremo, lots numbered 51,