740
THE NEW ZEALAND GAZETTE.

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 Otago has applied to the Governor to proclaim the
following railway, or portion of railway, authorized
to be constructed by the Provincial Council of the
said province, that is to say, -

The Mosgiel and Outram Branch Railway:

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 railway or 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 railway or 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
railway or portion of the said railway to be at or
near a point which is situated on the Dunedin and
Clutha Railway in Section numbered 1, Block III.,
Taieri District, in the Province of Otago, the said
point being at or near the easternmost corner of
said Section numbered 1, and the point of termina-
tion thereof to be at or near a point which is situated
in Section numbered 9, Block XV., in the Town of
Outram, in the same district and province.

FIRST SCHEDULE.

Limits, Description, Line, and Limits of Deviation
of a portion of the Mosgiel and Outram Branch
Railway, in the Province of Otago.

COMMENCING at or near a point which is situated on
the Dunedin and Clutha Railway in Section numbered
1, Block III., Taieri District, the said point being at
or near the easternmost corner of said Section num-
bered 1, passing in or through the Taieri District,
and terminating at or near a point which is
situated in Section numbered 9, Block XV., in the
Town of Outram, in the same district, 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 Su-
preme 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 delineated
on plan, and passing in, through, over, or into the
several places, lands, roads, reserves, rivers, streams
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 Mosgiel and Outram
Branch Railway 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.

TAIERI DISTRICT.

In Block III., Section numbered 1; in Block II.,
Sections numbered 5, 6, 11 and 12; in Block VI.,
Sections numbered 5, 6, 11 and 12; in Block X.,
Sections numbered 5, 6, 11 and 12; in Block XV.,
Sections numbered 5 and 6; in Block XVI., Sec-
tions numbered 1, 2, 3, 4, 5 and 6; in Block XI.,
Sections numbered 7, 8, 9, 10, 11 and 12; in Block
XII., Sections numbered 7, 8, 9, 10, 11 and 12; in
Block XVII., Sections numbered 1, 2, 3, 4, 5 and 6;
in Block XVIII., Sections numbered 1, 2, 3, 4, 5, 6,
7 and 8; in Block XIX., Sections numbered 9, 10,
11, 12, 13, 14, 15 and 16.

In River Sections, Sections numbered 42, 43, 28,
29, 30, 31, 32, 33 and 34.

In Irregular Block, Section numbered 10.

In Block I., Sections numbered 1 and 7, and all
adjoining and intervening places, lands, roads, reserves,
rivers, streams and watercourses.