346
THE NEW ZEALAND GAZETTE.

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
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 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 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, 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
Napier to Waipukurau, 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 a point which is situated at the Te Aute Road,
about 2,300 links, more or less, south-west of the
eighteenth mile-post, in the Province of Hawke's
Bay, and the point of termination thereof to be in
the Poupoutahi Block, about 5 chains, more or less,
west of the southern margin of Lake Roto a Kiwa,
in the same Province.

FIRST SCHEDULE.

Limits, Description, Line, and Limits of Deviation
of a portion of the Railway from Napier to Waipu-
kurau, in the Province of Hawke's Bay.

COMMENCING at or near a point which is situated at
the Te Aute Road, about 2,300 links, more or less,
south-west of the eighteenth mile-post, and termin-
ating at or near a point which is situated in the
Poupoutahi Block, about 5 chains more or less west
of the southern margin of Lake Roto a Kiwa,
as the limits, description, and line thereof are set
forth in the plan, and described in the book of refer-
ence referred to on the face of the said plan, and
which plan and book are authenticated for the pur-
poses 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 Napier, 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, into, through,
or over the several places, sections of land, roads,
reserves, rivers, and watercourses enumerated in the
Second Schedule hereto.

SECOND SCHEDULE,

OR BOOK OF REFERENCE.

Lands and Roads, &c., proposed to be taken for the
purposes of the portion of the Railway from
Napier to Waipukurau; hereinbefore described.

So much of the lands and roads hereinafter mentioned