THE NEW ZEALAND GAZETTE.

325

Street, Bethune Street, Daniel Street, Brandon
Street, Revans Street, Fitzherbert Street, Sections
numbered 66, 67, 68, 126, 127, 128, 129, 130, 131,
132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142,
143, 144, 145, 187, 188, 197, 199, Government Re-
serves numbered 152 and 153, and all adjoining and
intervening places, roads, 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 thirteenth
day of May, in the year of our Lord
one thousand eight hundred and seventy-
four.

EDWARD RICHARDSON,

GOD SAVE THE QUEEN !

Limits of Deviation, Description, and Line of a
portion of the Railway from Mercer to Newcastle
(Waikato).

(L.S.) JAMES FERGUSSON, Governor.

A PROCLAMATION.

WHEREAS THEREAS 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,
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 pub-
lication 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, 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, 1873," it is
enacted that the Governor may, under the provisions
of the hereinbefore firstly recited Act and of the now
reciting Act, construct and maintain, or cause to be
constructed and maintained, the several lines of rail-
way in the Province of Auckland specified in the Third
Schedule thereto: 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
Mercer to Newcastle, authorized to be constructed
by "The Railways Act, 1873," which said portion is
hereinafter described;