Whereas by the Railways Authorization Act 1884, the Governor was empowered to enter into a contract in the name and on behalf of Her Majesty for the construction of a branch line of railway from the main line of the Whangarei-Kamo Railway to the Whau Whau Colliery, and by the said Act the Whangarei Coal-mining Company, Limited (hereinafter called the company), was liable to pay to Her Majesty the difference between the estimated and the actual cost of such construction: And whereas the company duly acquired the necessary land from the adjoining owners for the construction of the said branch line, but did not actually take title to the several parcels of land so acquired: And whereas the parcels of land so acquired contain together an area of seven acres one rood seventeen perches and eight-tenths of a perch, more or less, and are described as part of Allotments 2 and 12, Whangarei Parish, and Part Ketenikau Block, Block VIII, Purua Survey District, North Auckland Land District, being Lots numbered 1 to 11 inclusive on plan LT 31314, lodged in the office of the District Land Registrar at Auckland, a copy of which plan is deposited in the office of the Minister of Works at Wellington under Number PWD 118561: And whereas on completion of the construction of the branch line there was due and owing to the Crown by the company the sum of two thousand three hundred and fifty-four dollars and twenty-nine cents: And whereas by deed of mortgage registered Number 106311 the company mortgaged to Donald John McLeod, of Melbourne, Insurance Manager, and Thomas Taylor Masefield, Ironfounder, Alexander McGregor, Master Mariner, William Scott Wilson, Journalist, and Frank Jagger, Timber Merchant, all of Auckland, all its right, title, estate, and interest in the said branch line to secure the principal sums and interest more particularly set out in the said mortgage, subject, however, to the payment to the Crown of the said sum of two thousand three hundred and fifty-four dollars and twenty-nine cents: And whereas on the company having made default in payment of the principal moneys and interest secured by the said deed of mortgage, the mortgagees in exercise of their powers under the mortgage caused the said branch line to be submitted for sale through the Registrar of the High Court at Auckland: And whereas at such sale the mortgagees were declared the purchasers, and the Registrar by deed of conveyance registered Number 110574 conveyed and assured unto the mortgagees all the estate, right, title, and interest of the company in the said branch line, subject, however, to the payment to the Crown of the said sum of two thousand three hundred and fifty-four dollars and twenty-nine cents: And whereas by deed of mortgage dated the first day of November, eighteen hundred and eighty nine, registered Number 113208, the said Donald John McLeod, Thomas Taylor Masefield, Alexander McGregor, William Scott Wilson, and Frank Jagger, mortgaged to Her Majesty the Queen all their estate, right, title, and interest in the said branch line to secure the payment to Her Majesty of the said sum of two thousand three hundred and fifty-four dollars and twenty-nine cents and interest thereon as in the said deed of mortgage appearing: And whereas the mortgagors having made default in payment of the principal moneys and interest secured by the said deed of mortgage registered Number 113208, Her Majesty, in exercise of the power of sale under the mortgage, caused the said branch line to be submitted for sale through the Registrar of the Supreme Court at Auckland: And whereas at such sale Her Majesty was declared the purchaser, and the Registrar, by deed of conveyance dated the sixteenth day of July, eighteen hundred and ninety-five, registered Number 131535, conveyed and assured unto Her Majesty all the estate, right, title, and interest of the mortgagors in the said branch line: And whereas the said branch line has long since ceased to be used for the purpose for which it was constructed and is now dismantled: And whereas, although the legal estate in the said several parcels of land purchased by the company as aforesaid is still in the names of the successors to the respective owners from whom the same were purchased, His Majesty has a good and equitable title to the same: And whereas it is desirable to validate the said deed of conveyance registered Number 131535, and to extinguish the title of the successors to the original owners from whom the several parcels of land on which the said branch line was constructed were purchased: Be it therefore enacted as follows:—
(1) The said deed of conveyance registered Number 131535 is hereby declared to be and to have been valid and effectual for all purposes as if it had contained a full and complete description of the said Lots 1 to 11 on LT Plan 31314, on which the said branch line was built, and the said Lots 1 to 11 are hereby declared to have been vested in Her Majesty on the sixteenth day of July, eighteen hundred and ninety-five, freed and discharged from all right, title, estate, and interest vested in the respective former owners.
(2) The said Lots 1 to 11 on LT Plan 31314 are hereby declared to be Crown land available for sale or other disposition under the Land Act 1948, and the District Land Registrar and Registrar of Deeds for the Land Registration District of Auckland is hereby empowered and directed to make such entries in the Register-books and generally to take such action in connection with any outstanding title or titles for any land affected by this section as may seem to him to be necessary to give effect to its provisions.