6

PROVINCE OF WESTLAND GAZETTE.

described as aforesaid or within the limits of
deviation described in the Proclamation
relating thereto, and may temporarily occupy
and use such lands as may be necessary
on either side of the railway, during the con-
struction thereof :

And whereas by "The Railways Act, 1871,"
"The Railways Act, 1872," "The Railways
Act, 1873," and "The Railways Act, 1874,"
it is enacted that the Governor may,
under the provisions of the hereinbefore
firstly recited Act and the now reciting
Acts, construct and maintain, or cause to be
constructed and maintained, the several
lines of railway specified therein : And it
is also thereby enacted that the line of the
railway thereby authorised to be constructed
shall be fixed by the Governor, and shall
commence and terminate at points to be
fixed by the Governor : And whereas by
"The Immigration and Public Works Act,
1872," it is enacted that as to any railway
which the Governor has been authorised to
construct, and to fix the commencing and
termination points and line thereof, it shall
be competent for him, if he thinks fit,
instead of fixing and proclaiming such points
and the whole line at one time, to fix and
proclaim portions of such line from time to
time, and the commencing and termination
points of any such portion or portions,
and the limits and description of any such
portion or portions, and the lands proposed
to be taken for the purpose of any such
portion or portions, and to construct any
portion or portions so fixed, and to take
the lands for the same; and any such
portion so proclaimed shall be deemed
to be a railway within the meaning of the
said Act and the said amending Act and this
Act :

And whereas by "The Immigration and
Public Works Act, 1872," it is enacted
that, at any time after the expiration of
twenty-one days from the publication in the
New Zealand Gazette, and in a newspaper
ordinarily circulating in the district, of a
Proclamation under the thirteenth section
of the said Act, whether of the whole or a
portion or portions of a line of railway, the
Governor, on behalf of Her Majesty, may
enter upon, take possession of, use and hold
or cause to be entered upon, taken possession
of, used and held, so much of the lands defined
in such Proclamation as proposed to be
taken as shall be required to be taken,
purchased, or permanently used for the
purposes of such railway, notwithstanding
that an agreement shall not have been come
to or an award made for the purchase or
compensation money to be paid in respect
of such lands :

And whereas by the said last-mentioned
Act it is also enacted that in any case in
which a road or right of road has been or
hereafter may be reserved in any Crown
Grant, and in any case in which, under
"The Native Lands Act, 1865," or any
law for the time being in force relating to
the sale of waste lands of the Crown, or any
law whatever, there is a right to take a
public road through any lands, it shall be
lawful, after such road shall have been sur-
veyed, to construct under the said Acts any
railway, or any part of any railway, on the
road so surveyed, notwithstanding that such
road may not have been made :

And whereas the Governor has deter-
mined to construct and maintain a portion
of the railway authorised to be con-
structed from Brunner to Greymouth,
and has, by Proclamations dated respec-
tively the first day of May, in the year of
our Lord one thousand eight hundred and
seventy-three, and published in the New
Zealand Gazette of the same date ; and the
sixteenth day of October in the same year,
and published in the New Zealand Gazette
dated 23rd October, 1873 ; and the sixteenth
day of October, in the year of our Lord one
thousand eight hundred and seventy-four,
published in the New Zealand Gazette, dated
22nd October, 1874; proclaimed, declared
and defined the limits, description, and line
of portions of the said railway from a point
on the south bank of the River Grey in
Coal Reserve No. 274, opposite the Brunner
Coal Mine, in the Province of Westland,
and terminating on the sea beach in the
same province :

And whereas the Governor has deter-
mined to construct and maintain a further
portion of the railway from Brunner to