✨ Railway Land Acquisition Proclamations




248

THE NEW ZEALAND GAZETTE.

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 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, notwith-
standing that such road may not have been made:
And whereas the Governor has determined to
construct and maintain a portion of the railway from
Dunedin to Clutha authorized to be constructed by
"The Railways Act, 1870," 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 a point which is situated in Section 6, Block
XX., Taieri Survey District, Province of Otago, about
ten chains more or less from the easternmost corner
of said section, and the point of termination thereof
to be at or near a point which is situated in Ramsay
Street, in the Township of Greytown, in the same
Province, the said point being about one chain more
or less from the junction of Ramsay Street with
Caernarvon Street, in the township aforesaid.

FIRST SCHEDULE.

Limits, Description, Line, and Limits of Deviation
of a portion of the Railway from Dunedin to
Clutha, in the Province of Otago.

COMMENCING at or near a point which is situated in
Section 6, Block XX., Taieri Survey District, about 10
chains, more or less, from the easternmost corner of
said section, and terminating at or near a point which
is situated in Ramsay Street, in the Township of
Greytown, the said point being about 1 chain, more
or less, from the junction of Ramsay Street with
Caernarvon Street, 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
Registrar of the Supreme Court at Dunedin, 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 in, through,
over, or into the several sections or blocks of land,
roads, reserves, rivers, and watercourses enumerated
in the Second Schedule hereto.

SECOND SCHEDULE,

OR BOOK OF REFERENCE.

Land and Roads, &c., proposed to be taken for the
purposes of the portion of the Railway from
Dunedin to Clutha, hereinbefore described.

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

TAIERI SURVEY DISTRICT.

In Block XX., Rural Sections numbered 6, 7, 8, 9,
and 10; in Irregular Block, Rural Sections num-
bered 4, 3, 2, and 1; in River Sections, Section
numbered 26; and all adjoining and intervening
places, roads, streams, and watercourses.

TOWNSHIP OF GREYTOWN.

Block XIX., Block III., Block II., Bardsey Street,
Grey Street, Caernarvon Street, Ramsay Street,
Esplanade; in Block I. Sections numbered 1, 2, 3, 4,
9, 10, 11, 12, 13, 14; and all adjoining and intervening
places, roads, reserves, streams, and watercourses.

Given under the hand of His Excellency the
Right Honorable Sir James Fergusson,
Baronet, a Member of Her Majesty's
Most Honorable Privy Council, 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 Auckland, this twenty-
ninth day of March, in the year of our
Lord one thousand eight hundred and
seventy-four.

EDWARD RICHARDSON.

GOD SAVE THE QUEEN !

Limits and Description of a portion of the Railway
from Dunedin to Clutha-Tokomairiro portion.

(L.S.)

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



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1874, No 21





✨ LLM interpretation of page content

πŸ—οΈ Proclamation defining limits and land acquisition for Dunedin to Clutha Railway portion

πŸ—οΈ Infrastructure & Public Works
29 March 1874
Railway construction, Dunedin, Clutha, Land acquisition, Proclamation, Otago Province, Taieri Survey District, Greytown, Public Works
  • His Excellency the Right Honorable Sir James Fergusson, Baronet, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same
  • Honourable Edward Richardson, Minister for Public Works

πŸ—οΈ Incomplete Proclamation on Governor's power to construct railways

πŸ—οΈ Infrastructure & Public Works
Railway construction, Governor's powers, Immigration and Public Works Act 1870, General Assembly