474

THE NEW ZEALAND GAZETTE.

Notice of the intention of the Governor to make the
South Creek Road, in the County of Westland.

NOTICE is hereby given, that the Governor of
New Zealand having, under the powers in him
vested by "The Immigration and Public Works Act,
1870," and the Acts amending the same, deemed it
expedient to open and make a line of road from the
main road between Greymouth and Ross to South
Creek, which road is, in the opinion of the Governor
and the Executive Council of the Colony, not a road
to be constructed by the Chairman and County
Council of the County of Westland, and the course
and bearings of which said road, the admeasurements
required for the same, and the lands through which
the same passes, together with the names of the
owners and occupiers thereof, so far as known, are
respectively shown and delineated on a certain plan
marked C, and which said road is also described in a
certain Proclamation made under the said Acts and
published in the New Zealand Gazette of the same
number and date as that in which this notice appears:
The said plan, marked C, is deposited and may be
seen and inspected at the office of the Public Works
Department at Greymouth.

And notice is hereby further given, that all or any
person or persons affected by the making of the said
line of road from the main road between Greymouth
and Ross to South Creek, are required to set forth in
writing, addressed to the Governor, and left at the
office of the said Public Works Department at
Greymouth, within forty days from the first publica-
tion hereof, any well-grounded objection he or they
may have to the said line of road.

Dated this twentieth day of August, 1873.

EDWARD RICHARDSON.

Limits and Description of Line of Railway from
Rakaia to Ashburton, including Bridge over the
Ashburton River.

JAMES FERGUSSON, Governor.
A PROCLAMATION.

WHEREAS by "The Immigration and Public
Works Act, 1870," it is enacted that the rail-
ways 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 con-
tained 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 pub-
lication 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, ap-
proaches, 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 proclaim-
ing 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 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