The Short Title of this Act shall be “The Dunedin and Port Chalmers Railway Act 1871.”

Except so far as herein provided the provisions contained in the Ordinance of the Superintendent and Provincial Council of the Province of Otago of which the Short Title is “The Dunedin and Port Chalmers Railway Lands Compulsory Taking Ordinance 1870” shall be deemed to have had the force of law on the twenty-ninth day of July one thousand eight hundred and seventy and continually thereafter to have had the force of law and shall henceforth be deemed to have and shall have the force of law as if such provisions had been and were incorporated in an Act of the General Assembly coming into operation on the said twenty-ninth day of July and shall be deemed to have taken effect and shall take effect accordingly.

Such provisions shall be construed and read as if the words “General Assembly of New Zealand in Parliament assembled and by the authority of the same” had been substituted in the enacting part in lieu of the words “Superintendent of the Province of Otago by and with the advice and consent of the Provincial Council thereof.”

All things done and all acts and proceedings commenced taken or completed before the passing of this Act under by virtue or in pursuance of the said Ordinance or any provisions incorporated therein shall from the time of the doing of such things or the commencement taking or completion of such acts or the commencement taking or completion of such proceedings be deemed to have been and be as valid and binding as if done commenced taken or completed after the passing of this Act and as to all such acts and proceedings as shall have been commenced before the passing of this Act the same shall and may be continued and completed as if this Act had been passed before the commencement thereof And all estates interests rights and privileges which by reason of any act done or proceeding taken under or in pursuance of the said Ordinance would have been acquired if such Ordinance had been valid at the time of the passing thereof or the powers and authorities thereby conferred had been conferred by an Act of the General Assembly coming into operation on the said twenty-ninth day of July one thousand eight hundred and seventy shall be deemed to have been and shall be as legally fully and sufficiently acquired as if such act had been done or proceeding had been taken under or in pursuance of an Act of the General Assembly coming into operation on the said twenty-ninth day of July and containing provisions like to those in the said Ordinance And it is hereby expressly provided that subject to the provisions of the said Ordinance the said Promoters shall be deemed from the said twenty-ninth day of July to have had until the passing hereof and thenceforth to have full power and authority to make construct and maintain a railway with wharves jetties approaches and other necessary erections and conveniences connected therewith such railway commencing at a point at or near the junction of High Street Crawford Street and Rattray Street in the City of Dunedin in the Province of Otago (being portion of reclaimed ground known as the Railway Reserve) and passing from in through or over the following city town and territorial divisions of the said Province namely—The City of Dunedin the North Harbour and Blueskin Districts Upper Harbour West District Sawyer’s Bay District Town of Port Chalmers and Otago Harbour and terminating at a point situated in Koputai Bay in the Otago Harbour opposite the Harbour Reserve in the Town of Port Chalmers in the said Province as the line of the said railway is set forth in the plan deposited with the Clerk of the Provincial Council of Otago before the commencement of the Session of the said Council during which the said Ordinance was passed or within the limits of deviation set forth in the said plan and passing through over or under the several sections streets roads and places enumerated in the Schedule to the said Ordinance annexed.

Nothing in this Act contained shall be deemed to authorize the said Promoters to take the lands below high watermark in the Otago Harbour specified in the Schedule to the said Ordinance but so much of the said Ordinance as purports to authorize the taking thereof is hereby declared to be invalid and of no effect Provided however that it shall be lawful for the said Promoters to make construct and maintain on the said lands below high watermark or within the said limits of deviation so much of the said railway and wharves jetties approaches and other necessary erections as are shown on the said plan to be intended to be constructed on such lands or within such limits of deviation and to maintain thereon so much of the said railway wharves jetties approaches and other erections as before the passing of this Act may have been so erected And the said Promoters are freed indemnified and discharged of from and against all prosecutions and suits to which they may be liable for or by reason of such construction Provided that all persons who would have been entitled to have and bound to accept compensation under “The Lands Clauses Consolidation Act 1863” for any lands taken or injuriously affected by the said Promoters if the said Ordinance had had the force of law at its commencement shall on the passing of this Act be entitled to have and be bound to accept compensation determined under the provisions of “The Lands Clauses Consolidation Act 1863” unless the same shall have previously to the passing hereof been so determined.

And whereas certain persons have taken proceedings in the Supreme Court for the purpose of staying prohibiting or preventing the construction of said railway or certain portions thereof and the taking of certain lands mentioned in the said Schedule to the said Ordinance and the continuing and taking proceedings under the said Ordinance and “The Lands Clauses Consolidation Act 1863” for the purpose of acquiring certain of the said lands and the determining the amount of compensation to be paid for the taking of such land or injuriously affecting the same And whereas it is fair and just that such parties should not by reason of the passing of this Act be deprived of their remedy against the Promoters for the recovery of the costs of such proceedings It is therefore hereby enacted that nothing in this Act contained shall deprive such persons as aforesaid of their right to receive the costs of any such proceedings against the Promoters and if the Promoters shall refuse to pay any such costs after being taxed as between party and party and demand made it shall be lawful for any such person who shall have incurred such costs to apply in a summary way and on notice to the Promoters to any Judge of the Supreme Court for an order on such Promoters to pay such taxed costs and such Judge shall hear and determine such application and if he shall think fit make an order for the payment of such costs or so much thereof as he shall think such persons ought to recover from the Promoters Provided that no such costs shall be recoverable which shall have been incurred after the twenty-fifth day of August one thousand eight hundred and seventy-one.

The Promoters of the undertaking shall make and at all times thereafter maintain such roads gates and passages for the accommodation of owners and occupiers of land adjoining the said lands below high watermark as shall be prescribed by Order in Council within six months after the passing of this Act and in the opinion of the Governor be reasonably required for the purpose of giving access to and across such railway to and from the harbour from and to the lands adjoining the said lands below high watermark.

Notwithstanding anything to the contrary in the Ordinance of the Provincial Council of Otago called “The Dunedin and Port Chalmers Railway Agreement Validation Ordinance 1870” or the agreement therein mentioned to the contrary the gauge of the said railway shall be of the width of three feet six inches instead of four feet eight inches and a half.