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Evening Star, Issue 3141, 14 March 1873, Page 3

GOVERNMENT NOTICES, structed under the said Act, or any part or parts thereof, and acquire the necessary engines, plant, and machinery for working and using the same, or any of them : And it is also thereby enacted that, whenever the Governor shall determine to construct any such railway, or any part thereof, it shall be lawful for him, by Proclamation published in the Neio Zealand Gazette, to declare and define the limits and description and line thereof, and the lands proposed to be taken for the purpose of such railway, subject to the provisions of any Act defining such limits and descriptions, and any such Proclamation may refer to maps, plans, or drawings to be deposited in the office of the Registrar or Deputy Registrar of the Supreme Court in the Province in which such railway or part thereof is proposed to be constructed, and any maps, plans, or drawings so referred to shall be deemed to form part of such Proclamation ; and upon the publication of such Proclamation, the provisions and regulations contained in the Seventh Part of the said Act shall be applicable to the railway, and to the lands to which the Proclamation shall relate : And it is also thereby enacted that it shall be lawful for the Governor to make, construct, and maintain any such railway as aforesaid, with proper w r orks, approaches and conveniences connected therewith, commencing at the place delineated on, and extending along the lines set forth in, and terminating at a point described in the Act or Proclamation proclaiming and defining such railway, or shown in the maps, plans, or drawings referred to in such Act or Proclamation: And it is also thereby enacted that the Governor may direct that any part cf such line of railway may be constructed on and along any part of any public highway, and that any part of any such line of railway may be constructed on or through any public reserves : And it is also thereby enact d that, subject to the provisions of that Part of the said Act and of the Acts incorporated therewith, the Governor may exercise all or any of the powers by that Part of the said Actor the said incorporated Acts conferred upon him for the construction of any such railway, and may enter upon, and cause to be entered upon, all lands within the Colony for the purpose of making such surveys as may bo necessary, and may take and hold all the lands required for the railway along the line set 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 c instruction thereof: And whereas by “The Railways Act 1871,” and “ The Railways Act, 1872,” it is enacted that the Governor may, under the provisions of the hereinbefore firstly recited Act and of the now reciting Acts, construct and maintain, or cause to be constructed and maintained, the several lines of railway specified then in; And it is also thereby enacted that the line of the railways thereby authorized 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 dosciiption 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 said last-mentioned Act it is also 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 portions of a line of railway, the Governor, ©n 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 is 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 nr 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 surveyed, 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 determined to construct and maintain a railway from Mocraki to Waitaki, in the Province of Otago, being a railway authorised to be constructed by “The Railways Act, 1871 Now therefore, I, Sir George Ferguson Bowen, the Governor of New Zealand, in exercise and pursuance of the powers and authorities conferred on me by the hereinbefore in part recited Acts, and in exercise of every other power enabling mo in this behalf, do hereby proclaim, declare, and define the limits, description, and line of the said railway from Moeraki to Waitaki, to be those set forth in the First Schedule hereto ; and that the lands specified and described in the Second Schedule hereto are proposed to be taken for the purposes of the said railway; and that the limits of deviation shall he those set forth in the first Schedule hereto ; and in pursuance and exercise of all powers and authorities conferred on me in that behalf, I do hereby fix the point of commencement of the said railway to be a point five chains northward of the junction of the Moeraki Jetty with the main land ; and the point of termination thereof to be a point in the bed of the River Waitaki, on the boundary line dividing the Provinces of Otago and Canterbury, immediately north of section No. 5, in Block 8, of the Papakaio Survey District. FIRST SOU FD DLE .MOERAKI TO WAITAKI 'KAILWAY. Limits, Description, Line, and Limits of Deviation of the Railway from Moeraki to Waitaki, in the Province of Otago, Commencing at a point five chains northward of the junction of the Moeraki Jetty with the main land, and passing in, through, or into the following districts, viz., Moeraki Survey District, Otepopo Survey District, Oamaiu Survey District, and Papakaio Survey District ; and terminating at a point in the bed of the River Waitaki, on ffie boundary line dividing the Pyovincps of Otago and Canterbury, and Immediately north of section 'No'."s’ Block 8, in the last named district, as the limits, description, and line thereof arc set forth in the plan, and described in the book of reference referred to on the face of the said plan, and which plan and book are authenticated for the purposes of the Proclamation by the signature of the Honorable Edward Richardson, the Minister for imniic Works, and are deposited in the office of the Registrar of the Supreme Court at Dunedin, or within the limits of deviation set forth on the said plan by bfin lines, being not more than 110 yard.a, or. aitnor side of the said lino, :,ud passing through or over the several sections of land, roads, reserves, places,' and watercourses enumerated in the Second Schedule hereto.