64
THE NEW ZEALAND GAZETTE.

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 said last-mentioned Act it is
also 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 circu-
lating 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 portion 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
portion is 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 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 portion of the
said railway, to be those set forth in the First Sche-
dule hereto; and that the lands specified and de-
scribed in the Second Schedule hereto are proposed
to be taken for the purposes of the said portion 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
portion of the said railway to be at the northern
boundary line of the Upoko Block, and the point of
termination thereof to be the Ngaruroro River, at
the southern boundary line of the Mangateretere
West Block.

FIRST SCHEDULE.
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 a point on the northern boundary
line of the Upoko Block; thence through that block
along the sea beach to and through the Whata-anga-
anga Block No. 1 and Taumatua Block to the Wai-
tangi River; thence across that river and through
the Waikahu block, the Rotopounamu Block No. 1,
to the Ngaruroro River; thence across that river
through the Mangateretere West Block, to the north-
ern bank of the same river at the second crossing, 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 G. M. Waterhouse, Minister, acting
for the 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, rivers, beaches, and water-
courses enumerated in the Second Schedule hereto.

SECOND SCHEDULE,
OR BOOK OF REFERENCE.
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.
Sections Nos. 8, 7, 6, 5, 4, 3, 2, and 1, at the
northern end of the Upoko Block; and Sections Nos.
12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1, at the southern
end of the said block; the Whata-anga-anga Block
No. 1; the Taumatua Block; the Waikahu Block;
the Rotopounamu Block No. 1; the Mangateretere
West Block; and all adjoining and intervening
Crown and other lands, sections, reserves, roads,
water-courses, rivers, and beaches.

Given under the hand of His Excellency Sir
George Ferguson Bowen, Knight Grand
Cross of the Most Distinguished Order of
Saint Michael and Saint George, Governor
and Commander-in-Chief in and over Her
Majesty's Colony of New Zealand and its
Dependencies, and Vice-Admiral of the
same; and issued under the Seal of the
said Colony, at Wellington, this twenty-
ninth day of January, in the year of our
Lord one thousand eight hundred and
seventy-three.

G. M. WATERHOUSE,
Minister acting for the Minister for Public Works.
GOD SAVE THE QUEEN!

Proclaiming Lyttelton Harbour Works Loan Act,
1872.

(L.S.) G. F. BOWEN, Governor.
A PROCLAMATION.
WHEREAS by the twentieth section of "The
Lyttelton Harbour Works Loan Act, 1872," it
is enacted that the said Act shall come into operation
on a day to be fixed by the Governor, by Proclaina-
tion in the New Zealand Gazette, to be issued on the
receipt by him of a resolution of the Provincial
Council of Canterbury, passed by an absolute
majority, requesting him to issue such Proclamation,
and until that day shall have no force or effect what-
ever: And whereas I, Sir George Ferguson Bowen,
Governor of New Zealand, did, on the ninth day of
January instant, receive a resolution of the Provincial
Council of Canterbury, passed by an absolute
majority, requesting me to issue this Proclamation:
Now therefore, I, Sir George Ferguson Bowen,
G.C.M.G., the Governor of New Zealand, do hereby
proclaim and declare that the said Act shall come
into operation on the eighth day of February next,
which said day is hereby fixed for that purpose.