THE NEW ZEALAND GAZETTE.

to be executed and of the land required to be taken;
and if after due consideration 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 Act now in recital, 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 accu-
rate 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 in-
terests 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
portion of the railway from Napier to the Junction
with the railway from New Plymouth to Waitara at
Sentry Hill (Aramoho Junction to the Town of
Wanganui).

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 Augustus 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 railway; 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 railway.

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 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 Govern-
ment House, at Wellington, this twenty-
third day of January, in the year of our
Lord one thousand eight hundred and
seventy-eight.

G. S. WHITMORE,
Minister acting for the Minister for
Public Works.

Approved in Council.

FORSTER GORING,
Clerk of the Executive Council.

GOD SAVE THE QUEEN.

91
Order in Council, and the appointment of H. W.
Brabant, Esq., a Commissioner thereunder, revoked.

NORMANBY, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this
twenty-third day of January, 1878.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by an Order in Council bearing date
the eleventh day of July, one thousand
eight hundred and seventy-six, Herbert William
Brabant, of Tauranga, Esquire, was appointed a
Commissioner to make a certain inquiry, and with
certain powers in the said Order in Council men-
tioned: And whereas it is expedient that the
appointment of the said Herbert William Brabant
should be revoked:

Now, therefore, I, George Augustus Constantine,
Marquis of Normanby, the Governor of the Colony
of New Zealand, in pursuance and exercise of all
powers enabling me in that behalf, do hereby, with
the advice and consent of the Executive Council of
the Colony, revoke the said recited Order in Council,
and the appointment of the said Herbert William
Brabant to be a Commissioner thereunder.

FORSTER GORING,
Clerk of the Executive Council.

Commissioner under "The Tauranga District Lands
Act, 1867," appointed.

NORMANBY, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this
twenty-third day of January, 1878.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The Tauranga District Lands
Act, 1867," and "The Tauranga District
Lands Act, 1868," after reciting that by an Order
in Council made the eighteenth day of May, one
thousand eight hundred and sixty-five, and therein
referred to as a Proclamation, it was declared that all
the lands of the tribe Ngaiterangi, described in the
Schedule to the now reciting Acts, should be a dis-
trict within the provisions of "The New Zealand
Settlements Act, 1863," and should be designated by
the name "Tauranga District," therein mentioned or
referred to, and it was declared that the said lands
were required for the purposes of "The New Zealand
Settlements Act, 1863," aforesaid, and ordered that
the said lands should be and were thereby set apart
as sites for settlement and colonization, agreeably to
the provisions of the said Act, and that it was ex-
pressed to be ordered that, in accordance with the
promise made by His Excellency the Governor at
Tauranga, on the sixth day of August, one thousand
eight hundred and sixty-four, three-fourths in quan-
tity of the said lands should be set apart for such
persons of the tribe Ngaiterangi as should be de-
termined by the Governor after due inquiry should
have been made; it is enacted and declared, amongst
other things, that the whole of the lands specified in
the Schedule to the Act now in recital were, by the
said Order in Council, duly and effectually declared
to be a district within the provisions of "The New
Zealand Settlements Act, 1863," and that the whole
of the said land was duly and effectually set apart,
reserved, and taken under the said Act as sites for
settlement for colonization, and was duly and effec-
tually declared to be required for the purposes of the
said "New Zealand Settlements Act, 1863," and to
be subject to the provisions thereof, and that, for the