THE NEW ZEALAND GAZETTE. 743

to be constructed, any lines of railway which shall
be prescribed by the General Assembly as railways
to be constructed under the said Act, or any part
or parts thereof, and acquire the necessary engines,
plant, and machinery for working and using the
same, or any of them: And it is also thereby en-
acted that, whenever the Governor shall determine
to construct any such railway, or any part thereof, it
shall be lawful for him, by Proclamation published in
the New Zealand Gazette, to declare and define the
limits and description and line thereof, and the lands
proposed to be taken for the purpose of such rail-
way, subject to the provisions of any Act defining
such limits and descriptions; and any such Pro-
clamation may refer to maps, plans, or drawings to
be deposited in the office of the Registrar or Deputy
Registrar of the Supreme Court in the province in
which such railway or part thereof is proposed to be
constructed, and any maps, plans, or drawings so
referred to shall be deemed to form part of such
Proclamation; and upon the publication of such
Proclamation, the provisions and regulations con-
tained in the Seventh Part of the said Act shall be
applicable to the railway, and to the lands to which
the Proclamation shall relate: And it is also thereby
enacted that it shall be lawful for the Governor to
make, construct, and maintain any such railway as
aforesaid, with proper works, approaches, and con-
veniences connected therewith, commencing at the
place delineated on and extending along the lines
set forth in, and terminating at a point described in
the Act or Proclamation proclaiming and defining
such railway, or shown in the maps, plans, or draw-
ings 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 rail-
way may be constructed on or through any public
reserves: And it is also thereby enacted that, sub-
ject 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 Pro-
clamation relating thereto, and may temporarily
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," and
"The Railways Act, 1872," and "The Railways Act,
1873," 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 (with certain
specified exceptions) 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 por-
tions 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,
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 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
construct and maintain a portion of the railway from
Dunedin to Moeraki, authorized to be constructed
by "The Railways Act, 1873," which said portion is
hereinafter described :

Now therefore, I, the Most Honorable George
Augustus Constantine, Marquis of Normanby, the
Governor of the Colony of New Zealand; in exer-
cise 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 in Section numbered 44 of
Block IV., Hawksbury Survey District, in the Pro-
vince of Otago, and the point of termination thereof
to be at or near a point which is situated in Lot 2 of
Section numbered 15, Block I., Moeraki Survey Dis-
trict, in the same province, the said point being on
the line of railway from Moeraki to Waitaki.

FIRST SCHEDULE.
Limits, Description, Line, and Limits of Deviation
of a portion of the Railway from Dunedin to
Moeraki, in the Province of Otago.

COMMENCING at a point in Section numbered 44,
of Block IV., Hawksbury Survey District, and pass-
ing in, through, over, and into the following terri-