Whereas by a Proclamation dated 23 October 1928, published in the Gazette of 25 October 1928, and registered in the Land Registry Office at Wellington as Number 1875, part of Section 186, Town of Wellington, containing 8 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 6 November 1928:
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 1928, 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 29 January 1931, paid to the said mortgagee the moneys owing under the said deed of mortgage including the principal moneys owing—namely, 2,200 pounds:
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 6,300 pounds 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:
(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 6.5% per annum on the said sum of 2,200 pounds) up to the date of the payment by the Corporation to the said Edward Morris, the younger, of the said sum of 6,300 pounds (hereinafter referred to as the date of settlement).
(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 42 pounds 10 shillings, payable on the last day of each month of the tenancy. The tenancy may be determined by 1 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.