The Short Title of this Act shall be “The Auckland and Drury Railway Act 1863.”

The following words and expressions in this Act and any Act wholly or partially incorporated herewith shall have the meanings hereby assigned to them unless there he something in the subject or context repugnant to such construction (that is to say)

Subject as hereinafter provided the Sections of the Imperial Act incorporated with this Act wherever the words of the same would from their being framed with reference to the Kingdom of England be inapplicable to the circumstances of the Colony of New Zealand are to be read and interpreted so as to make them applicable to the circumstances of tins Colony and so as to ensure that the operation of the said Imperial Act shall be secured by this Act for the benefit of the said Railway and also for the controlling of the same to the full extent and meaning of this Act.

It shall be lawful for the Superintendent to make and maintain a Railway commencing on the Sea Beach at or near the Easterly end of Customhouse-street in the City of Auckland and passing from in through or into the several townships places or other territorial divisions following that is to say Auckland Waitemata Parnell Epsom Newmarket Remuera Manurewa Otahuhu Opaheke Papakura and Drury and terminating in an allotment in the occupation of George Graham at or near the North Eastern corner of the town of Drury as laid down in the official plan thereof with a Branch Railway from the same terminating in the Public Reserve near Geddes’ Basin at or near to the Town of Onehunga all in the said Province as the same is more particularly delineated and described in the said plan and section or within the limits of deviation set forth on the said plan and for that purpose and for the other purposes of this Act the Superintendent shall be a Corporation by the name and style of the Superintendent of Auckland and by that name shall have perpetual succession and a Common Seal Provided always that it shall be lawful for the Superintendent to extend the said Railway to and terminate it in an allotment of land adjoining the said allotment in the occupation of the said George Graham now in the occupation of William John Young.

Subject to the provisions of this Act and the Acts incorporated herewith the Superintendent may exercise all or any of the powers by this Act or the said incorporated Acts conferred upon him for the construction of the said Railway and may enter upon and cause to be entered upon all Lands within the said Province for the purpose of making such surveys as may be necessary and may take and hold all the Lands required for the said Railway along the Line so set forth and described or within the said limits of deviation and may temporarily occupy and use such Lands as may be necessary on either side of the said Railway during the construction thereof.

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 General Assembly called “The Lands Clauses Consolidation Act 1863” which said Act for that and other purposes shall be incorporated with this Act.

Subject to the provisions of tins Act the Act of the Imperial Parliament called the “Railways Clauses Consolidation Act 1845” shall be incorporated with this Act excepting the following sections that is to say 7 8 9 17 25 to 29 both inclusive 107 114 159 and 161.

Provided that wherever in the said Imperial Act the following words are used they shall have the meanings hereinafter severally set opposite to them that is to say the words

At all times after the passing of this Act a copy of the Plan Section and Book of reference shall be kept in the office of the Superintendent and be at all convenient times open for public inspection and all persons may at all convenient times examine the same gratis at such office.

No advantage shall be taken of or against the Superintendent or any interruption be given during or after the making of the Railway on account of any error or omission in such plan or section in any case in which it shall appear to two Justices and be certified by writing under their hands that such error or omission proceeded from mistake.

The Superintendent in constructing the Railway may deviate from the line of works laid down in the plan but may not take or use for the purpose of such deviation any lands not comprised within the said limits of deviation before referred to without the consent in writing of the owner of such lands.

All Lands acquired for the purposes of the Railway and all property Real or Personal 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 and shall be held by him in trust for the Public service of the said Province and shall be managed dealt with and administered by him for the purposes of this Act.

It shall be lawful for the Superintendent to make such charges for the carriage and conveyance of passengers produce animals and merchandise as he may from time to time determine upon.

In case default shall be made in payment of any money due and payable to the Superintendent under the authority of this Act the same may be recovered by the Superintendent upon the suit of the person from time to time authorised by him to receive the same and it shall be lawful for the Superintendent to detain the goods and merchandise in respect of winch such money shall be payable until the money payable in respect thereof shall have been fully paid and satisfied.

Security shall be taken by the Superintendent in such amount and in such manner as he shall deem necessary from any Collector or Receiver of any tolls or charges collected under the authority of this Act or any Provincial Act respecting the Railway for the faithful execution of his office.

Full and accurate accounts shall be kept of all monies received and expended under the provisions or for the purposes of this Act and such accounts shall be balanced once in each year at the least.

Such accounts shall be duly audited once in each year at the least and for this purpose an Auditor or Auditors shall be appointed by the Governor.

For the purpose of auditing such accounts the Superintendent shall cause the accounts together with all his books and vouchers relating to the Railway to be produced to the Auditor.

The remuneration of the Auditor and his expenses shall be defrayed out of the funds levied under this Act.

An Annual Abstract shall be prepared of the total receipts and expenditure of all funds levied under this Act or received for the purposes hereof during the past year under the several distinct heads of receipts and expenditure with a statement of the balance of the said accounts duly audited and certified by the Superintendent and also by the Auditor thereof and a copy of such annual account shall be lodged in the office of the Superintendent on or before the 31st day of January in each year and such accounts shall be open at all reasonable hours to the inspection of the public upon payment of a fee of Two Shillings and Sixpence.

The powers conferred by this Act or any Act incorporated herewith shall not be exercised nor shall the Railway be commenced until a bona fide provision to the satisfaction of the Governor in Council shall have been made by the Superintendent or by the Provincial Legislature for obtaining the money necessary for the completion of the Railway and the efficient working thereof.

This Act shall cease to have force and shall expire at the expiration of three years from the passing hereof unless the Railway hereby authorised to be made shall have been bona fide commenced within such period of three years.

Nothing herein contained shall be deemed or construed to exempt the Railway by this Act authorised to be made from the provisions of any General Act relating to Railways which may hereafter pass during this or any future session of Parliament or from any future revision and alteration under the authority of the General Assembly of the maximum rates of fares and charges authorised by this Act.