THE NEW ZEALAND GAZETTE.

249

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
publication 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,
approaches, 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
any part of such 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
for 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, 1870,"
"The Railways Act, 1871," and "The Railways
Act, 1872," it is enacted that the Governor may,
under the provisions of the hereinbefore firstly
recited Act and of the now reciting Acts, con-
struct and maintain, or cause to be constructed
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 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
railway, on the road so surveyed, notwithstanding
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
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
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 Rural Section
numbered 105, Block XII., Tokomairiro Survey
District, Province of Otago, the said point being
about one chain, more or less, distant from the western-
most corner of said Section numbered 105, and the
point of termination thereof to be at or near a point
which is situated in Rural Section numbered 9,
Block XL, in the same District and Province, the
said point being about 5 chains, more or less, distant
from the northernmost corner of Rural Section 9
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
Rural Section numbered 105, in Block XII., Tokomai-
riri Survey District, and terminating at or near a
point which is situated in Rural Section numbered 9,
Block XL, in the same district, the said point being
about 5 chains, more or less, distant from the
northernmost corner of Rural Section 9 aforesaid.