280

THE NEW ZEALAND GAZETTE.

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
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 per-
manently 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
construct and maintain a railway from Nelson to
Stoke, being a portion of the railway from Nelson to
Foxhill, authorized to be constructed by "The Rail-
ways, 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 a point which is situated on land between high
and low watermark in the direction of St. Vincent
Street, and about 120 links, more or less, to the
north-west from the northernmost corner of Allot-
ment numbered 1126 in the City of Nelson, in the
Province of Nelson, and the point of termination
thereof to be at or near a point which is situated in
Rural Section numbered 77 in the Waimea East
Survey District, in the same Province, the said point
being on the southern side of the road between
the Suburban South Survey District and the
Waimea East Survey District, and about 1250 links,
more or less, distant from the said road.

FIRST SCHEDULE.

Limits, Description, Line, and Limits of Deviation
of a portion of the Railway from Nelson to Foxhill,
in the Province of Nelson.

COMMENCING at or near a point which is situated on
land between high and low watermark in the direc-
tion of St. Vincent Street, and about 120 links, more
or less, to the north-west from the northernmost
corner of Allotment numbered 1126, in the City of
Nelson, and passing in, through, or into the City
of Nelson, the Suburban South Survey District, and
the Waimea East Survey District, and terminating
at or near a point which is situated in Rural Section
numbered 77 in the Waimea East Survey District,
the said point being on the southern side of the
road between the Suburban South Survey District
and the Waimea East Survey District, and about
1250 links, more or less, distant from the said road,
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 Honor-
able William Hunter Reynolds, Minister acting
for the Minister for Public Works, to be de-