β¨ Railway Land Acquisition Proclamation
568
THE NEW ZEALAND GAZETTE.
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 portion of the railway from
Mount Rochfort to Westport, authorized to be con-
structed by "The Railways Act, 1871," and "The
Railways Act, 1872," and "The Railways Act, 1873,"
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 the continuation of
the centre line of Adderly Street, and about twenty
chains, more or less, north of Gladstone Street, in the
Town of Westport, in the Province of Nelson, and the
point of termination thereof to be at or near a point
which is situated in the Buller Local Revenue Board
District, in the same province, the said point being
in a south-easterly direction, about 150 chains, more
or less, distant from the mouth of the River Wari-
atea.
FIRST SCHEDULE.
Limits, Description, Line, and Limits of Deviation
of a portion of the Railway from Mount Roch-
fort to Westport, in the Province of Nelson..
COMMENCING at or near a point which is situated in
the continuation of the centre line of Adderly Street,
and about twenty chains, more or less, north of Glad-
stone Street, in the Town of Westport, and terminating
at or near a point which is situated in the Buller Local
Revenue Board District, the said point being in a
south-easterly direction, about 150 chains, more or
less, distant from the mouth of the River Wariatea, 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 Honor-
able Edward Richardson, Minister for Public Works,
to be deposited in the office of the Registrar of the
Supreme Court at Nelson, or within the limits of
deviation set forth in the said plan by dotted red
lines, being generally not more than 110 yards on
either side of the said line, except where otherwise
shown on plan, and passing in, through, over, or
into the several places, lands, roads, reserves, rivers,
watercourses, enumerated or mentioned 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 Mount
Rochfort to Westport, 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.
TOWN OF WESTPORT..
All that part or parcel of land continuing along the
whole length of Palmerston Street, and lying to the
westward thereof, bounded towards the North by the
South Pacific Ocean, towards the West by the Buller
River, towards the South by Daniell Street, and
towards the East by Palmerston Street; all that part
or parcel of land bounded towards the North by
D'Israeli Street, towards the West by Palmerston
Street, towards the South by Daniell Street, towards
the East by Queen Street; all that part or parcel of
land bounded towards the North by Bentham Street,
towards the West by Palmerston Street, towards
the South by D'Israeli Street, and towards the East
by Russell Street; all that part or parcel of land
bounded towards the North by D'Israeli Street,
towards the West by Queen Street, towards the
South by Roebuck Street, and towards the East by
Derby Street; Municipal Reserve, suburban section
numbered 71; foreshore of South Pacific Ocean,
Buller River, and islands therein, and all adjoining
and intervening places, lands, streets, roads, streams,
and watercourses.
BULLER LOCAL REVENUE BOARD DISTRICT.
Rural Sections numbered 19, 20, 24, 25, 28, 245,
Native Reserve numbered 47, Westport suburban
section, Crown lands, and all adjoining and interven-
ing 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 Wellington, this
twentieth day of August, in the year of
our Lord one thousand eight hundred and
seventy-four.
EDWARD RICHARDSON.
GOD SAVE THE QUEEN!
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ποΈ
Proclamation defining route and land for Mount Rochfort to Westport Railway
(continued from previous page)
ποΈ Infrastructure & Public Works20 August 1874
Railway construction, Land acquisition, Proclamation, Mount Rochfort, Westport, Nelson Province, Public Works Act
- Right Honourable Sir James Fergusson, Baronet, Governor
- Honourable Edward Richardson, Minister for Public Works
NZ Gazette 1874, No 45