1520
THE NEW ZEALAND GAZETTE.
[No. 69

the delegation hereby made upon the terms and conditions
herein appearing.
In witness whereof the parties hereto have hereunto set
their respective common seals.
The common seal of the Mayor, Councillors, and Citizens of the City of Wellington was hereto affixed in the presence of—
J. R. Blair, Mayor.
J. B. Harcourt, Councillor.
J. E. Page, Town Clerk.

The common seal of the Kelburne and Karori Tramway Company (Limited) was hereto affixed by Richard Middleton Simpson and James Lockie, two directors of the said company, in the presence of—
Lewis H. B. Wilson, Secretary.

(L.S.)
R. M. SIMPSON.
JAS. LOCKIE.

Approval of His Excellency the Governor.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this 8th day of August, 1899.

Present:

His Excellency the Governor in Council.

In the matter of “The Tramways Act, 1894,” and of “The Wellington High-levels Tramway Act, 1898”; and in the matter of a certain Order in Council issued under the said Acts on the 10th day of July, 1899, and of the within-written deed of delegation.

In pursuance and exercise of the powers and authority conferred on him by the fifth section of “The Wellington High-levels Tramway Act, 1898,” His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the within-written deed, made and executed by the Mayor, Councillors, and Citizens of the City of Wellington (being “the Corporation” mentioned in the said Act), conferring upon the Kelburne and Karori Tramway Company (Limited) the powers, rights, privileges, and obligations in such deed set forth, and which said deed has been submitted to his said Excellency in accordance with the said Act: Provided, however, that the approval hereby intimated is given subject to a condition and exception in favour of Her Majesty the Queen, her heirs and successors, and of every person and authority entitled on her behalf or otherwise, as against the said Corporation, of all rights, powers, and privileges lawfully pertaining to her said Majesty or to any person or authority as aforesaid, whether arising under the above-mentioned Acts or either of them, or under the said Order in Council of the tenth day of July, 1899.

ALEX. WILLIS,
Clerk of the Executive Council.

Order authorising the Construction of the Tramway.

THE WELLINGTON CITY COUNCIL.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this tenth day of July, 1899.

Present:

His Excellency the Governor in Council.

In the matter of “The Tramways Act, 1894,” and of “The Wellington High Levels Tramway Act, 1898”; and in the matter of an application by the Mayor, Councillors, and Citizens of the City of Wellington for an order authorising the construction of a tramway.

WHEREAS the Mayor, Councillors, and Citizens of the City of Wellington (being “the Corporation” mentioned in “The Wellington High Levels Tramway Act, 1898”) did by its Council, on the third and fourth days of February, 1899, duly publish in the New Zealand Times newspaper, being a newspaper published in the City of Wellington, and circulating in the said city and adjoining local districts, a notice stating its intention to apply for an order in accordance with the provisions of “The Tramways Act, 1894,” and “The Wellington High Levels Tramway Act, 1898,” authorising the construction of a tramway from a point on Section 484 on the plan of the City of Wellington about two chains west of Lambton Quay; thence through and under Lots 5 and 6 of the said section; thence under Wellington Terrace, and under, through, and over Sections 459 and 460 on the plan of the said city; thence under and through Lot 11 of Subdivisions 1, 2, and 3 of the Town Belt of the City of Wellington; thence under Clifton Terrace; thence under, through, and over Lots 5 and 6 of the said subdivisions; thence over Botanical Road; thence through, under, and over Lot 3 of the said subdivisions, Kelburne Park, Salamanca Road, and Lots, 10, 11, and 17, and the reserve shown on the plan deposited in the Lands Registry Office at Wellington as No. 755; thence over Botanical Gardens Road, and through, under, and over the land being part of the Botanical Gardens within the said city, as described in Proclamation deposited in the said Registry Office as No. 159; thence under, through, and over the Botanical Gardens to the boundary of the City of Wellington: and as shown on the plan deposited at the Public Works Office, Wellington, and marked 18503: and did also deposit at the offices of the Corporation in the City of Wellington plans and cross-sections showing the nature of the works proposed to be undertaken, together with the description thereof, and allowed the said plans and cross-sections to remain open for public inspection at the offices of the Corporation during the four weeks ensuing ending after the first publication of the said notice as aforesaid, in accordance with the regulations contained in the Second Schedule of “The Tramways Act, 1894”:

And whereas during such period of four weeks none of the ratepayers of the said city did, by writing under their hands, delivered or sent by post to the Corporation or the Clerk thereof, demand that the question whether or not such order should be applied for should be submitted to the decision of the ratepayers:

And whereas, in accordance with the said regulations contained in the said Second Schedule of “The Tramways Act, 1894,” the Corporation is therefore deemed not to be forbidden to carry out such intention:

And whereas, pursuant to such notice, the said Council did, on the twentieth day of March, 1899, duly apply for an Order authorising the construction of the said tramway:

And whereas it is expedient that the application of the said Council should be granted, and that such Order should be made:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities vested in him by “The Tramways Act, 1894,” and “The Wellington High Levels Tramway Act, 1898,” and of all other powers and authorities in anywise enabling him in that behalf, and by and with the advice and consent of the Executive Council of the said Colony, doth hereby authorise and empower the Mayor, Councillors and Citizens of the City of Wellington (in this order referred to as “the Corporation”) to construct, make, maintain, and use in the said City of Wellington a tramway partly on and partly above and partly below the surface of the earth, and so that part or parts of such tramway may be in a tunnel or tunnels, as such tramway is shown on plans and description marked P.W.D. 18503 and 18517, deposited in the office of the Minister for Public Works at Wellington, with power to deviate the middle line of such tramway a distance not exceeding one hundred feet on each side of the line of works laid down on the said plan, subject to the conditions, restrictions, and regulations herein-after contained: Provided, however, that no deviation of the said middle line of the tramway shall be made until full plans of such deviation shall have been submitted to and approved by the Minister for Public Works: Provided also that members of the Volunteer, Armed Constabulary, or Police Forces, whilst in uniform, and postmen and other Government servants whilst performing any Government service, shall be entitled to the free use of the tramway.

1. The gauge of the said tramway shall be 3 ft. 6 in.

2. The rails to be used in the construction of the said tramway shall be of steel, weight at least 30 lb. to the yard, and of similar shape as used from time to time on railways which are the property of the Crown in New Zealand: Provided that the Corporation may use any other rails that may be from time to time approved by the Minister for Public Works.

3. The tramway may be constructed either with a single or double set of rails. If constructed with a double set of rails there shall be a space of not less than 5 ft. 2 in. between the inner rails. If constructed with a single set of rails proper passing-places shall and may, subject to the powers in that behalf in this Order contained, from time to time be constructed along the line of the said tramway for the purposes of such tramway, and so as to subserve the public convenience, and there shall be a space of not less than 5 ft. 2 in. between the inner rails of the main and side lines at passing-places, loop-lines, and sidings. In the event of the said tramway being constructed with a single set of rails, the Corporation may at any time, with the consent of the Minister for Public Works, lay down in lieu thereof a double set of rails, with all necessary sidings and cross-overs.