180
THE NEW ZEALAND GAZETTE.
[No. 8

SCHEDULE.

FIRST DIVISION.

All in the Provincial District of Nelson; as the same are more particularly delineated on the plan marked P.W.D. 17343, deposited in the office of the Minister for Public Works, at Wellington, in the Provincial District of Welling- ton, and thereon coloured red and neutral tint.

"The Westland and Nelson Coalfields Administration Act, 1877."—Authorising Construction of a Tramway.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-sixth day of January, 1895.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the twenty-first section of "The West- land and Nelson Coalfields Administration Act, 1877," it is, among other things, enacted that the Governor may, by Order in Council, authorise any lessee under a lease granted for coal-mining purposes, and his servants and work- men, full and free liberty of making, and using when so made, any railways, tramways, bridges, inclines, staiths, or other means of transit over the lands described in the First, Second, and Third Schedules to the said Act, and whether the same shall be demised by any lease for coal- mining purposes or not; subject, however, as therein men- tioned:

And whereas the Westport Coal Company (Limited) is a lessee from the Crown of certain lands subject to the pro- visions of the said Act, under a lease granted for coal-mining purposes, and has complied with the conditions set forth in sections twenty-two and twenty-three of the said Act, and is desirous of constructing a tramway over the lands mentioned in the Schedule below, which said lands form part of the lands described in the Third Schedule to the said Act, for the purpose of connecting certain coal-mines with a Govern- ment railway:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in exercise and pursuance of the above- recited power, and by and with the advice and consent of the Executive Council of the said colony, doth hereby authorise the Westport Coal Company (Limited) and (subject to the company obtaining the consent of the lawful authority in that behalf) its assigns, and its or their servants and work- men, full and free liberty of making, and using when so made, a tramway over the lands described in the Schedule hereto for the purpose of connecting any coal-mines on lands subject to the said Act with the Westport-Ngakawau Rail- way; such tramway to be constructed in accordance with the approved plans and specifications of same deposited in the office of the Minister for Public Works at Wellington: Provided, however, that before the said tramway is used for the carriage of coal, or for any other purpose, the certificate of the Engineer-in-Chief of the colony, or of some officer to be appointed by him, shall be obtained as to the adequacy and suitableness of the brake-appliances to be used thereon: Provided, further, that the authority hereby given shall be concurrent with the company's coal-mining lease from the Queen, dated the twenty-eighth day of November, one thou- sand eight hundred and eighty-three, and being for a term of ninety-nine years from the first day of January, one thousand eight hundred and eighty-two; and such authority shall determine without further notice at the expiration of the said ninety-nine years, or at such prior time as the term created by the said lease may expire or in any manner be determined: Provided, further, that the right is hereby reserved to Her Majesty, or any of her officers, servants, or agents on her behalf, at any time to construct, maintain, and use roads or public highways over any portion of the lands mentioned in the Schedule hereto that is not occupied by such tramway, and to construct such roads or public

SECOND DIVISION.

ALEX. WILLIS,
Clerk of the Executive Council.

highways across the said tramway, if necessary, at any point or points that may be considered by Her said Majesty, or any of her officers, servants, or agents, to be convenient or suitable for the purpose; and also that the Governor, on behalf of Her said Majesty, may at any time permit the Council of the County of Buller, or any Road Board or local body which is now or may hereafter be legally constituted in the district in which the said lands are situated, to construct, maintain, and use roads or public highways over such lands upon the like condition: Provided also that in the event of the com- pany or its assigns obstructing the making or use of such roads or public highways, or in any way refusing to carry out or comply with the provisions of this Order, the Governor may determine the authority hereby given by serving the company or its assigns with a notice in writing in that behalf, and upon the service of such notice upon the company at its registered office or at the last known place of residence or business of its assigns or any of them, as the case may re- quire, the said authority shall absolutely determine.

SCHEDULE.

The several parcels of land mentioned hereunder:—

All in the Provincial District of Nelson; as the same are more particularly delineated on the plans marked P.W.D. 17343, deposited in the office of the Minister for Public Works, at Wellington, in the Provincial District of Welling- ton, and thereon coloured red and neutral tint.

ALEX. WILLIS,
Clerk of the Executive Council.

Rural Lands in the Auckland Land District open for Sale or Selection.

GLASGOW, Governor.

IN pursuance and exercise of the powers and authorities conferred upon me by the one hundred and thirty-sixth section of "The Land Act, 1892," I, David, Earl of Glasgow, the Governor of the Colony of New Zealand, having received the report of the Surveyor-General in this behalf, as in the said section is provided, do hereby declare that the rural lands described in the Schedule hereto shall be open for sale or selection on and after the twenty-seventh day of March, one thousand eight hundred and ninety-five; and also that the lands mentioned in the said Schedule may, at the option of the applicant, be purchased for cash, or be selected for occupation with right of purchase, or on lease in perpetuity, or, in respect of any lands containing or supposed to contain any metal, mineral, or valuable stone, be selected on lease in perpetuity only; and I do hereby also fix the prices at which the said lands shall be sold, occupied, or leased, as mentioned in the said Schedule hereto, and do declare that the said lands