266

THE NEW ZEALAND GAZETTE.

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, 1871," "The
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, 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, notwithstanding
that such road may not have been made:

And whereas the Governor has determined to
construct and maintain a further portion of the
railway from Waitara to Wanganui, authorized to be
constructed by "The Railways Act, 1871," "The
Railways Act, 1872," and "The Railways Act, 1873,"
which said further portion is hereinafter described:

Now therefore, I, George Augustus Constantine,
Marquis of Normanby, the 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 further portion of
the said railway from Waitara to Wanganui, 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 further 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 on the Waitara-Wanganui
Railway, in the Kai Iwi Block, in the Province of
Wellington, the said point being the point of ter-
mination of a portion of the Waitara to Wanganui
Railway, as described in the Proclamation dated the
30th day of December, 1874, and published in the
New Zealand Gazette, No. 69, of December 31, 1874,
and the point of termination thereof to be in the
Kai Iwi Block, at or near a point which is situated on
the left bank of the Kai Iwi Creek, in the same Pro-
vince, the said point being about 14 chains, more
or less, north-westward from the junction of the
Puketotara Creek with the Kai Iwi Creek.

FIRST SCHEDULE.

Limits, Description, Line, and Limits of Deviation
of a portion of the Waitara to Wanganui Railway,
in the Province of Wellington.

COMMENCING at or near a point which is situated on
the Kai Iwi Block, the said point being the point of
termination of a portion of the Waitara-Wanganui
Railway as described in the Proclamation dated the
30th day of December, 1874, and published in the
New Zealand Gazette, No. 69, of December 31, 1874,
and terminating in the Kai Iwi Block at or near
a point which is situated on the left bank of the
Kai Iwi Creek, the said point being about 14
chains, more or less, north-westward from the
junction of the Puketotara Creek with the Kai Iwi
Creek, as the limits, description, and line thereof
are set forth in the plan (marked W. 539), 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 Wellington, 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 aforesaid plan, and passing in, through, over
or into the several places, lands, roads, 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 Waitara to Wanganui
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.

Kai Iwi Block and all adjoining and intervening
places, lands, roads, streams and watercourses.

Given under the hand of His Excellency the