Numb. 124.

1749

DIEU ET MON DROIT

THE
NEW ZEALAND GAZETTE.
Published by Authority.

WELLINGTON, THURSDAY, DECEMBER 12, 1878.

Lands taken for a Road in the Waitaki Road District,
Oamaru Survey District, County of Waitaki.

(L.S.) NORMANBY, Governor.

A PROCLAMATION.

WHEREAS by section twenty-one of "The
Public Works Act, 1876" (herein referred to
as "the said Act"), it is enacted that whenever
lands are required to be taken for public works the
Road Board, in the case of district works, shall
cause a survey to be made and plans to be pre-
pared 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 so 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 by
section twenty-two of the said Act it is further
enacted that the said Road Board shall cause a notice
to be gazetted, and to be twice publicly noti-
fied, 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 publica-
tion of such notice to the said Road Board: And
by sections twenty-three and twenty-four of the
said Act it is further enacted that the Road Board
shall cause a copy of such notice and descrip-
tion to be served upon the said owners and
occupiers so far as they can be ascertained; and
that the said Road Board shall, upon receiving any
objection, appoint a time and place within the colony
within which the objector may appear before the said
Road Board and support the objection by such evi-
dence as the objector thinks fit; and by section
twenty-five of the said Act it is enacted that, if
within the said forty days no such objection is made,
or if after due consideration of such objections the
said Road Board is of opinion that it is expedient that
the proposed works should be executed, and that no
private injury will be done thereby for which due
compensation is not provided by the said Act, the
land proposed to be taken shall be taken in the fol-
lowing manner, that is to say: The said Road Board

shall lay before the Governor a memorial containing
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 Governor
in Council may thereupon, if he think fit, by Pro-
clamation gazetted and publicly notified, declare that
the said lands are taken for the use of a railway,
road, or other public work, as the case may be; and
from and after a date to be named in the said Pro-
clamation 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 Schedule
hereto are required to be taken under the said Act
for a certain work, to wit, the construction of a
road through Sections thirty-one (31), twenty-eight
(28), and twenty-nine (29), Block four (IV.), and
Section fifty-six (56), Block two (II.), Oamaru
Survey District, in the County of Waitaki:

And whereas the Waitaki Road Board has laid
before the Governor the memorial and map men-
tioned in and signed and certified as required by the
twenty-fifth section of the said Act: And whereas
all the requirements and conditions prescribed by the
said Act have been duly performed and fulfilled, and
all things have happened and all times elapsed to
lawfully authorize this Proclamation to be issued:

Now, therefore, I, George Augustus Constantine,
Marquis of Normanby, Governor of the Colony of
New Zealand, by and with the advice and consent of
the Executive Council of the said colony, in exercise
and pursuance of the powers and authorities in me
vested by the hereinbefore in part recited Act, and
of any other power and authority enabling me in that
behalf, do hereby proclaim and declare that the lands
described in the Schedule hereto are hereby taken
for the purposes of a road; and that, from and after
the twelfth day of December instant, the lands
so described shall become absolutely vested in fee-
simple in Her Majesty, discharged from all mort-
gages, charges, claims, estates, and interests of what
kind soever, for use as a road.

SCHEDULE.

ALL that piece of land in the Provincial District of
Otago, and Colony of New Zealand, containing by
admeasurement two acres and twenty-seven and

ERRATUM.—In Schedule to warrant fixing fees to be taken in Resident Magistrates' Courts under "The Imprisonment for
Debt Abolition Act, 1874," and published on pages 1621 and 1622 of the New Zealand Gazette No. 115, of 21st November,
1878, for "£50," read "not exceeding £50."