36

THE NEW ZEALAND GAZETTE.

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 por-
tions, and the lands proposed to be taken for the
purpose of any such portion or portions, and to con-
struct 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 per-
manently used for the purposes of such railway, not-
withstanding that an agreement shall not have been
come to or an award made for the purchase or com-
pensation 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 among the lines of railway author-
ized to be constructed in the Province of Canterbury
by "The Railways Act, 1871," and mentioned in the
Third Schedule thereof, is a branch line from Waimate
to the Main Line, the same being the line mentioned
in the third part of the Second Schedule to "The
Railways Act, 1872:

And whereas the Governor has determined to
construct and maintain a portion of the said branch
railway from Waimate to Main Line, authorized to
be constructed by "The Railways Act, 1871," and
"The Railways Act, 1872," which said branch rail-
way is hereinafter described :

Now therefore, I, the Most Honorable George
Augustus Constantine, Marquis of Normanby, the
Governor of the Colony of New Zealand, in exercise
and pursuance of the powers and authorities con-
ferred 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 branch railway from Wai-
mate to Main Line 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 por-
tion of the said branch 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 branch railway to be at or near a
point which is situated on the railway from Waitaki
to Timaru in the Great Southern Railway Reserve
in the Waimate Road District in the Province of
Canterbury, and the point of termination thereof to
be at or near a point which is situated on the western
side of Queen Street in the Waimate Township Re-
serve numbered 145 in the same District and Province,
the said point being about 3 chains, more or less,
from the junction of Queen Street with Bush Road.

FIRST SCHEDULE.

Limits, Description, Line, and Limits of Deviation
of a portion of the Branch Railway from Waimate
to Main Line, in the Province of Canterbury.

COMMENCING at or near a point which is situated on
the railway from Waitaki to Timaru in the Great
Southern Railway Reserve in the Waimate Road
District, in the Province of Canterbury, passing
in, through or over the said Waimate Road Dis-
trict, and terminating at or near a point which
is situated on the western side of Queen Street
in the Waimate Township Reserve numbered 145
in the same District, as the limits, description,
and line thereof are set forth on the plan (marked
C. 304), 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 Proclamation by the signature of the Honorable
Edward Richardson, Minister for Public Works, to
be deposited in the office of the Registrar of the
Supreme Court at Christchurch; or within the limits
of deviation set forth on the said plan by dotted red
lines, being generally not more than 110 yards on
either side of the said line, unless where otherwise
delineated on the aforesaid 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 Branch Railway from
Waimate to Main Line, hereinbefore described.

So much of the lands and roads hereinafter mentioned
as are required for the said portion of the said branch
railway along the line of the said railway herein-
before defined or within the limits of deviation afore-
said, as the lands are described and defined in the
plan or book of reference aforesaid.

WAIMATE ROAD DISTRICT.

Great Southern Railway Reserve, Waimate Branch
Railway Reserve, Rural Sections numbered 9663,
9664, 6537, 6307, 10404, 4079, 6240, 3823 and 6217,
Waimate Township Reserve numbered 145, and all
adjoining and intervening places, lands, roads, re-
serves, rivers, streams and watercourses.

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 Commander-
in-Chief in and over Her Majesty'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 Wellington, this
nineteenth day of January, in the year of
our Lord one thousand eight hundred
and seventy-six.

CHARLES C. BOWEN.

GOD SAVE THE QUEEN!