THE PICTON RAILWAY ACT, 1861.
An Act to enable the Superintendent of the Province
of Marlborough to construct a Railway from, Picton Saviour to the WairaUy both in the said Province of Marlborough. [Keserred for the signification of her Majesty's
pleasure.] Preamble. — Whereas it is expedient to construct a railway from Picton Harbour to the Wairau, in the said Province of Marlborough :
Be it therefore enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows : —
1, Short Title.— The short title of this Act shall be " The Pioton Railway Act, 1861." 2. "Railway to he made. — It shall be lawful for the Superintendent of tho Province of Marlborough, with the sanction of the Provincial Council of the said province, testified by resolution affirmed at three sittings of the Council in some one session of the Council, or by Act, to construct a railway between the harbour of Picton and the Wairau in the Province of Marlborough, according to the description, and along the line set forth in the soveral maps and plans heretofore deposited in the office of the Superintendent at Picton, or within the limits of deviation shown on the plans, not exceeding a distance of six chains on either side of such line : Provided that such railway shall bo
commenced and duly proceeded with, within such time as may be determined in such Act or resolution.
3. Superintendent to Construct Railway and take Lands required. — It shall be lawful for the Superintendent of the said Province of Marlborough to take all necessary steps for the construction of the said railway, and to enter upon and cauae to be entered upon, all lands within the said province, for the purpose of making such surveys as may be necessary, and to take possession of all the lands required for the use of the said railway along the line so set forth and described, or within the limits of deviation shown on the plans, not exceeding the distance of six chains on either side thereof, and also temporarily to use and occupy such lands as may be necessary, on either side of the line of the said railway during the construction thereof.
4. May take Materials from Waste Lands.— During the construction of the said railway, and other works respectively, it shall be lawful for the Superintendent of the said Province of Marlborough, and ail persons in his employ or by his authority, to fell any timber or other trees and use the same, and dig, take, and carry away and use any clay, stone, rubbish or other material, upon and from any part of the waste lands of the Crown, which may be required for the purposes of the said railway, fencing the same, or any other work relating or "appertaining to the said railway.
5. Sow Compensation to be Awarded. — All persons being owners of, or having any lesser estate or interest in, any lands so taken under authority of this Act, or which may be damaged by the construction of the said railway, shall be entitled to receive compensation for such land or damage, the amount whereof shall be ascertained in the manner set forth in an Act of the Imperial Parliament, entitled "The Lands Clauses Consolidation Act, 1845," and the said Act Bhall, so far as may be consistent with this Act, and necessary for, and applicable to the settlement of all questions arising in respect for any such compensation, be incorporated into, and shall form part of this Act : Provided that wherever in the said Act the following words are used, they shall mean the words hereinafter severally set opposite to them, that is to say, the words : — " Commissioners of her Majesty's Treasury " shall mean " The Governor of New Zealand." " Superior Courts," " The Court of Chancery," " The Court of Exchequer," "The Court of Queen's Bench," " General Quarter Sessions," " Quarter Sessions," shall mean severally "The Supreme Court of New Zealand." " The promoters of the undertaking " shall mean " the Superintendent of the Province of Marlborough for the, time being." " The United Kingdom," " The Kingdom," " The County," shall mean " the Province of Marlborough." "The Bank" shall mean "The Provincial Treasury." "Board of Trade" shall mean "The Eesident Magistrate at Blenheim and Picton." " Clerk of the Peace" " One of the Masters of the Court of Queen's Bench," "Accountant- General of the Court of Chancery in England," "Ac-countant-General of the Court of Exchequer in Ireland," "Taxing Master of the Court of Chancery," " Master in Chancery," shall mean severally, " The Registrar of the Supreme Court of New Zealand."
6. Certain clauses of "Lands Clauses Consolidation Act, 1845," incorporated. — A copy of the clauses of the said Lands Clauses Consolidation Act which relate to the subject of compensation for land, shall be served upon, or left at the last usual place of abode of, every person whose land shall be required for the purposes of this Act, if such person shall be resident in the colony, or if not, then on the agent of such person. 7. Alteration in Section 22 of the said Act.—Trovided that Section 22 of the Baid Act shall apply to cases where no claim is made, as well as to cases where the compensation claimed shall not exceed Fifty Pounds.
8. Railway not to be commenced until Cost of Construction provided. — The powers c&ntained in the foregoing clauses shall not be exercised, nor shall the said railway be commenced, until a bond fide provision, to the satisfaction of the Auditor of the public accounts of the General Government of the colony, be made for obtaining the money necessary for the completion of the work.
9. Property of Railway to be vested in Superintendent. — All lands acquired for the purposes of the said railway, and all other property of what description soever belonging or appertaining to the said railway, shall be, and are hereby declared to be vested in and shall be deemed to be the property of the Superintendent for the time being of the said Province of Marlborough, and shall be held by him in trust for the public service of the said Province of Marlborough for the purposes of this Act, and managed, dealt with, and administered, as by Act of the Provincial Legislature of the said Province may from time to time be provided for the purposes of this Act.
10. Expiration of Act. — This Act shall cease to have force, and shall expire at the expiration of five years from the passing thereof, unless the railway hereby authorised to be made shall have been bond fide commenced within such period of five years.
Permanent link to this item
THE PICTON RAILWAY ACT, 1861., Nelson Examiner and New Zealand Chronicle, Volume XX, 23 October 1861
THE PICTON RAILWAY ACT, 1861. Nelson Examiner and New Zealand Chronicle, Volume XX, 23 October 1861
Using This Item
See our copyright guide for information on how you may use this title.