154

THE NEW ZEALAND GAZETTE.

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 extend-
ing 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, notwithstand-
ing 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 law-
ful, after such road shall have been surveyed, to con-
struct under the said Acts any railway or any part
of any railway, on the road so surveyed, notwithstand-
ing that such road may not have been made:

And whereas the Governor has determined to con-
struct and maintain a portion of the railway from
Ashburton to Temuka, authorized to be constructed
by "The Railways Act, 1871," and "The Railways
Act, 1872," which said portion is hereinafter
described :

Now therefore, I, the Right Honorable Sir James
Fergusson, Baronet, Governor of the Colony 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 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 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 or near
the north-eastern corner of Rural Section numbered
3936, in the Province of Canterbury, and the point
of termination thereof, to be situated about 10 chains,
more or less, south of the southern bank of the
Rangitata Creek, in the Province aforesaid, the
position of the said point of termination being more
particularly determined by the angles and distances
set forth in the First Schedule hereto.

FIRST SCHEDULE.

Limits, Description, Line, and Limits of Deviation of
a portion of the Railway from Ashburton to Temuka,
in the Province of Canterbury.

COMMENCING at or near the north-eastern corner of
Rural Section numbered 3936, in the Province of
Canterbury; thence following a line situated within
the "South Road and Railway Reserve" about
70 links, more or less, east of and generally parallel
to the north-western boundary of said reserve for a
distance of about 11 miles 22 chains and 74 links,
more or less; thence following a line making an angle
of 162° 7', or thereabouts, with the line last described
for a distance of about 7 miles 14 chains 73 links, more
or less; thence following a line making an angle of
167° 26', or thereabouts, with the last described line
for a distance of about 2 miles 17 chains and 82 links,
more or less, to the terminating point, passing in
its course in, through, and into the following road
districts, viz., the Ashburton Road District and
the Geraldine Road District; the said terminating
point, as above fixed, being situated about 10
chains, more or less, south of the southern bank
of the Rangitata Creek, in the Province of Canter-
bury aforesaid, 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 the office of the