✨ Railway Proclamation and Land Taking




170
THE NEW ZEALAND GAZETTE.

And in further pursuance and exercise of the said
power and authority, I do hereby proclaim and declare
that the lands intended to be affected by this Pro-
clamation are described and delineated in the said
map so deposited as aforesaid.

Given under the hand of His Excellency the
Most Honorable George Augustus Con-
stantine, Marquis of Normanby, Earl
of Mulgrave, Viscount Normanby, and
Baron Mulgrave of Mulgrave, all in the
County of York, in the Peerage of the
United Kingdom; and Baron Mulgrave
of New Ross, in the County of Wexford,
in the Peerage of Ireland; a Member of
Her Majesty's Most Honorable Privy
Council; Knight Commander of the Most
Distinguished Order of Saint Michael
and Saint George; Governor and Com-
mander-in-Chief in and over Her Ma-
jesty's Colony of New Zealand and its
Dependencies, and Vice-Admiral of the
same; and issued under the Seal of the
said Colony, at the Government House
at Auckland, this twenty-ninth day of
February, in the year of our Lord one
thousand eight hundred and seventy-six.

EDWARD RICHARDSON.

GOOD SAVE THE QUEEN!

Limits, Description, Line, and Limits of Deviation
of a portion of the Mount Rochfort to Westport
Railway; from the termination point as pro-
claimed in Gazette of 6th May, 1875, at 10
miles, to 18 miles 70 chains (length 8 miles 70
chains).

(L.S.)
NORMANBY, Governor.

A PROCLAMATION.

WHEREAS by "The Immigration and Public
Works Act, 1870," it is enacted that the
railways to be constructed under the said Act shall
be only such railways as shall from time to time be
determined by the General Assembly: And it is
also thereby enacted that, subject to the provisions
contained therein, the Governor may construct, or
cause to be constructed, any lines of railway which
shall be prescribed by the General Assembly as rail-
ways 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 enacted 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 railway, subject
to the provisions of any Act defining such limits and
descriptions; and any such Proclamation 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 pub-
lication of such Proclamation, the provisions and
regulations contained 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 conveniences 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 proclaim-
ing and defining such railway, or shown in the maps,
plans, or drawings referred to in such Act or Pro-
clamation: 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, 1870,"
"The Railways Act, 1871," "The Railways Act,
1872," "The Railways Act, 1873," "The Railways
Act, 1874," and "The Railways Act, 1875," it is
enacted that the Governor may, under the pro-
visions of the hereinbefore firstly recited Act
and of the now reciting Acts, construct and
maintain, or cause to be constructed and main-
tained, 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 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, 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



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1876, No 13





✨ LLM interpretation of page content

πŸ—οΈ Proclamation defining limits and land acquisition for Mount Rochfort to Westport Railway section. (continued from previous page)

πŸ—οΈ Infrastructure & Public Works
29 February 1876
Railway, Proclamation, Land acquisition, Mount Rochfort, Westport, Public Works Act, 1870
  • Edward Richardson
  • George Augustus Constantine, Marquis of Normanby