82

THE NEW ZEALAND GAZETTE.

by "The Immigration and Public Works Act, 1872," to be at or near a point which is situated on the
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 a portion of the railway from
Mercer to Newcastle, authorized to be constructed
by "The Railways Act, 1873," 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 the northern boundary of
Rural Section numbered 24, in the Parish of Taupiri,
in the Province of Auckland, the said point being the
point of termination of a portion of the said railway
from Mercer to Newcastle, as described in a Procla-
mation dated the thirteenth day of May, 1874, and
published in the New Zealand Gazette, No. 27, of
May 21st, 1874, and the point of termination thereof
public road, the said point being in a south-westerly
direction, about one chain, more or less, distant from
the western side of the Great South Road, and in a
south-easterly direction, about seven chains, more
or less, distant from the southern side of Tyne Street,
in the Township of Newcastle, in the same Province.

FIRST SCHEDULE.

Limits, Description, Line, and Limits of Deviation
of a portion of the Railway from Mercer to New-
castle, in the Province of Auckland.

COMMENCING at or near a point which is situated in
the northern boundary of Rural Section numbered
24 in the Parish of Taupiri, the said point being the
point of termination of a portion of the railway from
Mercer to Newcastle as described in a Proclamation
dated the thirteenth day of May, 1874, and published
in the New Zealand Gazette, No. 27, of May 21st,
1874, and passing in, through, over, or into the fol-
lowing territorial divisions, viz. the Parish of Tau-
piri and the Parish of Komakorau, and terminating
at or near a point which is situated on the public
road, the said point being in a south-westerly direction
about 1 chain, more or less, distant from the western
side of the Great South Road, and in a south-easterly
direction about 7 chains, more or less, distant from
the southern side of Tyne Street, in the Town-
ship of Newcastle, as the limits, description, and
line thereof are set forth in the plan, and de-
scribed 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 Honorable Edward Richard-
son, Minister for Public Works, to be deposited in
the office of the Registrar of the Supreme Court at
Auckland, 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.

SECOND SCHEDULE,

OR BOOK OF REFERENCE.

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

So much of the lands and roads hereinafter men-
tioned as are required for the said portion of the
said railway along the line of the said railway here-
inbefore defined, or within the limits of deviation
aforesaid, as the lands are described and defined in
the plan or book of reference aforesaid.

PARISH OF TAUPIRI.

Sections numbered 24, 23, 22, 21, 17, 15, 14, 13, 10,
8, 2, 1, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63,
64, 66, 65, 445, 456, Crown land, Waikato River, and
all adjoining and intervening places, lands, roads,
streams, and watercourses.

PARISH OF KOMAKORAU.

Town Reserve, Sections numbered 209, 222, 208,
204, 205, 206, 207, 215, Hopu Hopu School
Reserve, Sections numbered 152, 153, Crown land.

In Town of Newcastle: Lots numbered 1, 2, 3, 4,
29, 28, 27, 26, 30, 31, 32, 33, 46, 47, 45, 44, 43, 602,
601, 600, 599, 598, 597, 596, 586, 587, 588, 589,
590, 591, 622, 623, 624, 625, 664, 663, 581, 657,
580, 579, 661, 662, 660, 659, 658, 585, 584, 656,
582, 603, 604, 605, 606, 607, 620, 612, 613, 621,
615, 616, 617, 618, 619. Cemetery Reserve, Lots
numbered 567, 568, 569, 570, 571, 572, 573, 574, 575,