696
THE NEW ZEALAND GAZETTE.

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 con-
structed 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 portion of the railway from
Mataura to Clutha, authorized to be constructed by
"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 on that part of the
east bank of the Mataura River which adjoins Block
IV. in the Waikaka District, in the Province of
Otago, and the point of termination thereof to
be at or near a point which is situated in the
unsurveyed sections of the Township of Clinton, in
the same province, about 2 chains 70 links or there-
about northwards from the southernmost corner of
section numbered 7 in Block XI. in the Township of
Clinton aforesaid.

FIRST SCHEDULE.

Limits, Description, Line, and Limits of Deviation
of a portion of the Railway from Mataura to Clutha,
in the Province of Otago.

COMMENCING at or near a point which is situated on
that part of the east bank of the Mataura River which
adjoins Block IV. in the Waikaka District, in the
Province of Otago, the said point being the point
of termination of the Invercargill-Mataura Railway,
as described in the Proclamation dated May 17,
1872, and published in the New Zealand Gazette,
No. 25, of May 22, 1872, page 292, and passing
in, through, over, or into the following territorial
subdivisions, viz., - The Waikaka District, the
Waipahee District, the Pomahaka District, and the
Township of Clinton; and terminating at or near a
point which is situated in the unsurveyed sections
of the Township of Clinton, about 2 chains 70 links or
thereabout northwards from the southernmost corner
of Section numbered 7 in Block XI. in the Town-
ship of Clinton aforesaid, 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 Proclama-
tion 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 Dunedin, 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, unless otherwise
indicated on plan, and passing in, through, over or
into the several places, lands, 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 Ma-
taura to Clutha, 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.

WAIKAKA DISTRICT.
Block IV., Block I., Block V., Block II., Block
VI., and all adjoining and intervening places, lands,
roads, streams, and watercourses.

WAIPAHEE DISTRICT.
Block X., Block XIII., in Block VII. Sections
numbered 36, 35, 34, 43, 44 and 54, Village Reserve
numbered 55, Sections numbered 39, 15, 13, 9, 11,
7, 10, 6, 4 and 5; in Block VI. Sections numbered
4, 15, 19, 20 and 6; in Block III. Sections num-
bered 22, 21, 18, 17, 14, 12, 11, 10, 9, 8 and 7; in
Block IV. Sections numbered 12, 7, 16, 15, 19, 2
and 1; and all adjoining and intervening places, lands,
roads, streams, and watercourses.