Num. 130. 1833

SUPPLEMENT
TO THE
NEW ZEALAND GAZETTE
OF THURSDAY, DECEMBER 19, 1878.
Published by Authority.

WELLINGTON, TUESDAY, DECEMBER 24, 1878.

Lands taken for a Road.—Motueka Road Bridge approaches.

(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 Minister for Public Works, in the case of Government 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 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 Minister 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: And by sections twenty-three and twenty-four of the said Act it is further enacted that the Minister for Public Works 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 shall, upon receiving 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, and support the objection by such evidence 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 Minister 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 following manner, that is to say: The said Minister 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 Proclamation 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 Proclamation the land therein specified shall become absolutely vested in fee-simple in Her Majesty, discharged 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 Government work, to wit, the construction of a road in the County of Waimea, being approaches to the Motueka Road Bridge:

And whereas the Minister for Public Works has laid before the Governor the memorial and map mentioned 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