THE NEW ZEALAND GAZETTE.

537

Railways Act, 1872," "The Railways Act, 1873," and
"The Railways Act, 1874," 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 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 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, notwithstanding
that such road may not have been made:

And whereas by "The Immigration and Public
Works Act, 1873," it was enacted that whenever the
Superintendent of any province, on the recommenda-
tion of the Provincial Council thereof, applies to the
Governor to proclaim any railway not being a rail-
way which the Governor is authorized to construct,
the Governor may issue such and the like Proclama-
tion of such railway and relating-thereto as he is by
the thirteenth section of "The Immigration and
Public Works Act, 1870," authorized to issue in the
case of a railway which the Governor is authorized
to construct; and also that upon the publication of
any such Proclamation the provisions and regulations
contained or incorporated in Part VII. of the said
"Immigration and Public Works Act, 1870," and
Parts VI. and VII. of "The Immigration and Public
Works Amendment Act, 1871," and Parts III., IV.,
V., and VI. of "The Immigration and Public Works
Act, 1872," shall be applicable to the railway and the
lands to which the Proclamation shall relate:

And whereas the Superintendent of the Province
of Canterbury has applied to the Governor to pro-
claim the following extension of the Washdyke and
Pleasant Point Railway, authorized to be constructed
by the Provincial Council of the said province, that
is to say, -

From Pleasant Point to Opawa :

Now therefore, I, the Most Honorable George
Augustus Constantine, Marquis of Normanby,
Governor of the Colony of New Zealand, in exercise
and pursuance of the powers and authorities con-
ferred 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 extension or further 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 extension or further por-
tion of the said railway; and that the limits of devia-
tion 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 ex-
tension or further portion of the said railway to be at
or near a point of the present Washdyke and Pleasant
Point Railway, which is indicated by a peg, driven into
the ground and marked 9 miles 6 chains 59 links, and
situated on that part of the public road which lies
between Sections numbered 2659 and 10196, in the
Province of Canterbury, and the point of termi-
nation thereof to be at or near a point which is
indicated by a peg, driven into the ground and
marked 25 miles 64 chains 50 links, and situated on
the eastern bank of the Opawa River, in Reserve
numbered 1213, in the same province.

FIRST SCHEDULE.

Limits, Description, Line, and Limits of Deviation
of a portion of the Provincial Railway from
Washdyke to Opawa, in the Province of Canterbury.

COMMENCING at or near a point of the present Wash-
dyke and Pleasant Point Railway which is indicated
by a peg, driven into the ground and marked 9 miles
6 chains 59 links, and situated on that part of the
public road which lies between Sections numbered
2659 and 10196, following thence generally the
course of Burke's Pass Road on the southern side of
the Tengawai River, and terminating at or near a
point which is indicated by a peg driven into the
ground and marked 25 miles 64 chains 50 links, and
situated on the eastern bank of the Opawa River in
Reserve numbered 1213, 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 authen-
ticated for the purposes 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
Christchurch, 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 the said
plan, and passing in through over or into the several
sections of land, roads, reserves, streams, 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 Provincial Railway
from Washdyke to Opawa, hereinbefore described.

So much of the lands and roads hereinafter mentioned