Whereas by a Proclamation dated the twenty-third day of October, nineteen hundred and twenty-eight, published in the Gazette of the twenty-fifth day of the same month, and registered in the Land Registry Office at Wellington as Number 1875, part of Section 186, Town of Wellington, containing eight perches and ninety-five hundredths of a perch, more or less, being the whole of the land comprised in certificate of title. Volume 340, folio 132, Wellington Registry (as the same is delineated on the plan marked PWD 72020, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured blue), was taken for street-widening purposes and vested in the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter called the Corporation) as from the sixth day of November, nineteen hundred and twenty-eight: And whereas the owner of the fee-simple of the said land, Edward Morris, the younger, of the City of Wellington, Undertaker, has failed to make a claim for compensation within the period limited in that behalf by the Public Works Act 1981, and all his right and title to any compensation in respect of such lands has absolutely ceased by reason of the provisions of that Act: And whereas immediately prior to the date of the vesting of the said piece of land in the Corporation the said piece of land was subject to a deed of mortgage registered in the Deeds Register Office at Wellington under Number 99294 to the National Mutual Life Association of Australasia, Limited: And whereas the Corporation, on the twenty-ninth day of January, nineteen hundred and thirty-one, paid to the said mortgagee the moneys owing under the said deed of mortgage including the principal moneys owing—namely, four thousand four hundred dollars: And whereas the said Edward Morris, the younger, and the Corporation have agreed that the Corporation shall pay to the said Edward Morris, the younger, a further sum of twelve thousand six hundred dollars and that the Corporation shall be freed and discharged from all actions, suits, proceedings, claims, and demands in respect of the said taking: Be it therefore enacted as follows:—
(1) The Corporation is hereby directed and empowered to pay to the said Edward Morris, the younger, the said sum of twelve thousand six hundred dollars.
(2) The Corporation is hereby freed and discharged from all actions, suits, proceedings, claims, and demands in respect of the taking of the said piece of land.
(3) The said Edward Morris, the younger, shall pay all rates, land-tax, insurance premiums, and all other outgoings whatsoever in respect of the said land and any buildings erected thereon (including interest at the rate of six and one-half per centum per annum on the said sum of four thousand four hundred dollars) up to the date of the payment by the Corporation to the said Edward Morris, the younger, of the said sum of twelve thousand six hundred dollars (hereinafter referred to as the date of settlement).
(4) The amount of rates, insurance premiums, and other outgoings in respect of the said land shall be apportioned at the date of settlement, and the amounts payable by and to the Corporation shall be set one against the other.
(5) As from the date of settlement, the said Edward Morris, the younger, shall be a tenant of the Corporation in respect of the said land at a monthly rental of eighty-five dollars, payable on the last day of each month of the tenancy. The tenancy may be determined by one month's notice in writing from either the Corporation or the said Edward Morris, the younger, and during the tenancy the Corporation shall pay all rates and insurance premiums becoming payable in respect of the said land.
The references to “four thousand four hundred dollars”
, “twelve thousand six hundred dollars”
, “eighty-five dollars”
, were substituted, as from 10 July 1967, for references to “two thousand two hundred pounds”
, “six thousand three hundred pounds”
, and “forty-two pounds ten shillings”
pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).
The reference to the “Public Works Act 1981”
was substituted, as from 1 February 1982, for a reference to the “Public Works Act 1928”
by section 248(1) Public Works Act 1981 (1981 No 35).