THE NEW ZEALAND GAZETTE.

309

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," "The
Railways Act, 1872," "The Railways Act, 1873,"
and "The Railways Act, 1874," it is enacted that
the Governor may, under the provisions of the
hereinbefore 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 com-
mencing and termination 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 termina-
tion 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 the railway from Foxton to
Palmerston, being a portion of the railway from
Foxton to Manawatu, authorized to be constructed
by "The Railways Act, 1874," which said portion
is hereinafter described:

Now therefore, I, George Augustus Constantine,
Marquis of Normanby, 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 por-
tion of the said railway to be those set forth in
the First Schedule hereto; and that the lands speci-
fied 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 that portion of the Mana-
watu River which adjoins the public road at or near
the Reserve for Public Buildings in the Township of
Foxton, in the Province of Wellington, and the point
of termination thereof to be at or near a point
which is situated in that portion of the public road
which lies between Sections numbered 174 and 387
in the Township of Palmerston in the same province,
the said point being the point of termination of a
portion of the Wanganui-Manawatu Railway, as
described in the Proclamation dated the 6th day of
January, 1875, and issued in the New Zealand
Gazette, No. 1, of 7th January, 1875.

FIRST SCHEDULE.

Limits, Description, Line, and Limits of Deviation
of a portion of the Railway from Foxton to Mana-
watu, in the Province of Wellington.

COMMENCING at or near a point which is situated in
that portion of the Manawatu River which adjoins
the public road at or near the Reserve for Public
Buildings in the Township of Foxton, and passing
in, through, over, or into the following territorial
subdivisions or lands, namely, the Township of Fox-
ton, the Township of Carnarvon, Native Land, and
the Township of Palmerston, and terminating at or
near a point which is situated in that portion of the
public road which lies between Sections numbered
174 and 387 in the Township of Palmerston, the said
point being the point of termination of a portion of
the Wanganui-Manawatu Railway as described in the
Proclamation dated the 6th day of January, 1875,
and issued in the New Zealand Gazette, No. 1,
of January 7th, 1875, 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 Pro-
clamation by the signature of the Honorable Edward
Richardson, Minister for Public Works, to be de-
posited in the office of the Registrar of the Supreme
Court at Wellington, 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 delineated on plan,
and passing in, through, over or into the several
places, lands, roads, reserves, rivers, and watercourses
enumerated in the Second Schedule hereto.