916

THE NEW ZEALAND GAZETTE.

the commencing point; the above particulars being
delineated on a plan marked P.W.D. 5922, hereto
attached.

I, the undersigned, John Davies Ormond, the
Minister for Public Works, hereby certify that the
above-written memorial is true and correct in the
several particulars thereof.

Witness my hand this twenty-eighth day of
August, 1877.
J. D. ORMOND.

Witness to signature-
CHARLES T. BENZONI,
Chief Clerk, Public Works Department,
Wellington, N.Z.

(L.S.)
NORMANBY, Governor.

A PROCLAMATION.

WHEREAS by "The Public Works Act, 1876,"
it is enacted that whenever lands are required
to be taken for public works the Minister for Public
Works in the case of Government works, and the
County Council or Road Board in the case of county
or district works, shall cause a survey to be made
and plans to be prepared showing generally the
nature of the works proposed to be executed and
the lands required to be taken for the same, together
with the names of the owners and occupiers of such
lands as far as they can be ascertained, and shall
cause a copy of such plans to be deposited in some
place in the road district in which such lands are:

And it is further enacted that the said Minister in
the case of Government works, and the County
Council or Road Board in the case of county works
or district works, shall cause a notice to be gazetted,
and to be twice publicly notified, stating the place
where such plans are open for inspection, with a
general description of the works proposed to be
executed and of the land required to be taken,
and in such notice shall call upon all persons
affected to set forth in writing any well-founded
objections to the execution of such works or
to the taking of such lands, and to send such
writing within forty days from the first publication
of such notice to the said Minister, or to the County
Council, or Road Board, as the case may be:

And it is further enacted that the Minister for Pub-
lic Works, the County Council, or Road Board, as
the case may be, shall cause a copy of such notice and
description to be served upon the said owners and
occupiers so far as they can be ascertained; and
that the said Minister in the case of Government
works, the Council in the case of county, and the
Board in the case of district works, shall, upon re-
ceiving any objection, appoint a time and place within
the colony within which the objector may appear
before the said Minister, or some person appointed
by him in the case of Government works, before the
Council in the case of county, or before the Board in
the case of district works, and support the objection
by such evidence as the objector thinks fit; and that
if within the said forty days no such objection is
made, or if after due consideration of such objections
the said Minister, or the County Council, or Road
Board, as the case may be, is of opinion that it is
expedient that the proposed works should be exe-
cuted, and that no private injury will be done there-
by for which due compensation is not provided by
the Act now in recital, the land proposed to be taken
shall be taken in the following manner that is to
say, the said Minister, or the County Council, or Road
Board shall lay before the Governor a memorial con-
taining an accurate description of the land proposed
to be taken, together with a map thereof, signed by
the Surveyor-General or some certificated surveyor
as evidence of the accuracy thereof; and the Go-
vernor in Council may thereupon, if he think fit, by
Proclamation gazetted and publicly notified, declare
that the said lands are taken for the use of a rail-
way, road, or other public work, as the case may be;
and from and after a date to be named in the said
Proclamation the land therein specified shall become
absolutely vested in fee-simple in Her Majesty, dis-
charged from all mortgages, charges, claims, estates,
or interests of what kind soever, for the public use
named in the said Proclamation:

And whereas the lands described in the memorial
above written are required to be taken under the
authority of the said "Public Works Act, 1876," for
a certain public work-to wit, the construction of a
road through Section No. 23974 in the Rakaia Sur-
vey District, in the County of Selwyn :

And whereas all the requirements and conditions
prescribed by the said Act prior to the taking of such
lands have been duly performed and fulfilled :

Now, therefore, I, George Augustine Constantine,
Marquis of Normanby, Governor of New Zealand, in
exercise and pursuance of the power and authority in
me vested by the said Act, and of any other power
and authority enabling me in that behalf, do hereby
proclaim and declare that the lands described in the
memorial above written, and shown on the plan
thereto attached, are hereby taken for the purposes
of a road, and that from and after the day of the
date hereof the said lands shall become absolutely
vested in fee-simple in Her Majesty, discharged from
all mortgages, charges, claims, estates, and interests
of what kind soever for use as a public road.

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 Grand Cross of the Most Dis-
tinguished Order of Saint Michael and
Saint George; Governor and Com-
mander-in-Chief in and over Her Majesty's
Colony of New Zealand and its Depen-
dencies, and Vice-Admiral of the same;
and issued under the Seal of the said
Colony, at the Government House, at
Wellington, this fourth day of September,
in the year of our Lord one thousand
eight hundred and seventy-seven.
J. D. ORMOND.

Approved in Council.
FORSTER GORING,
Clerk of the Executive Council.
GOD SAVE THE QUEEN!

Extending time for holding Elections of Councillors,
Borough of Lyttelton.

NORMANBY, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this
sixth day of September, 1877.
Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS under the provisions of "The Muni-
cipal Corporations Act, 1876," all the Coun-
cillors of the Council of the Borough of Lyttelton go
out of office on the thirteenth day of September