Num. 36. 423

THE
NEW ZEALAND GAZETTE.
Published by Authority.

WELLINGTON, THURSDAY, JUNE 22, 1876.

Limits, Description, Line and Limits of Deviation of a portion of the Dunedin-Moeraki Railway.—Waikouaiti portion.

(L.S.) NORMANBY, Governor.
A PROCLAMATION.

WHEREAS by “The Immigration and Public Works Act, 1870,” (hereinafter called “the said Act,”) it is enacted, that whenever the Governor shall determine to construct any 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 upon the publication 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 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 termination 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 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, 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 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 on the railway from Dunedin to Moeraki in Section numbered 3 of 37 Block II., in the North Harbour and Blueskin Survey District in the Province of Otago, the said point being the point of termination of a portion of the said railway as described in a Proclamation dated the tenth day of August, 1874, and published in the New Zealand Gazette No. 42, of August 13th, 1874, and the point of termination thereof to be at or near a point which is situated on the Dunedin-Moeraki Railway, in Section numbered 44 Block IV. in the Hawksbury Survey

ERRATUM.—In the New Zealand Gazette No. 31, of the 1st June, 1876, page 383, for “Sub-Lieutenant David McLennan,” read “Sub-Lieutenant David McLellan.”