Whereas the land firstly and secondly described in subsection (4) (in this section referred to as the said land) is vested for an estate in fee simple in Godfrey Hall, Herbert Henry Thorne, Llewellyn Derrett, Terence Fielding Hight, and Roland William Oliver, all of Hororata, farmers:
And whereas, by a deed of conveyance bearing date 21 January 1890, Sir John Hall conveyed a certain parcel of land described in the said deed of conveyance, and containing 1 acre, more or less (in this section referred to as the land firstly described), to certain trustees described in the said deed of conveyance:
And whereas, by a deed of declaration of trust bearing date 21 January 1890, the said trustees declared that they stood possessed of the said land upon trust for the erection thereof of a hall for the benefit of the residents of Hororata as defined in the said deed of declaration of trust and upon the further trusts therein contained:
And whereas, by a deed of conveyance bearing date 27 February 1894, Sir John Hall conveyed a further parcel of land described in the said deed of conveyance, and containing 11 acres 3 roods and 29 perches, more or less (in this section referred to as the land secondly described), to the said trustees upon the same trusts as those set out in the said deed of declaration of trust:
And whereas a hall is erected on the land firstly described and it has been proposed by the residents of Hororata and surrounding districts that additions and improvements be effected to the said hall, and that the land firstly described with all buildings which may now or hereafter be erected thereon be established as a war memorial for Hororata and the surrounding districts:
And whereas it is desirable that the land firstly described be vested in the Chairman, Councillors, and Inhabitants of the County of Selwyn (in this section referred to as the Corporation) in trust for a site for a war memorial under and subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928:
And whereas it is desirable that the land secondly described be vested in the Corporation as an endowment for the purposes of the said war memorial, but with power to lease, sell, or otherwise dispose of the whole or any part or parts thereof:
And whereas in the said deed of declaration of trust the Hororata district is defined as an area lying within a radius of 5 miles of the said land, excepting therefrom all that portion of such area which is situated to the north of the Selwyn River, but the districts which have a community of interest with the Township of Hororata now extend beyond the radius of 5 miles prescribed in the said deed of declaration of trust and it is considered desirable that the benefits of the said proposed war memorial be made available to the residents of all districts which have such a community of interest:
And whereas the said Godfrey Hall, Terence Fielding Hight, and Roland William Oliver, as the surviving present trustees under the said deed of declaration of trust, have consented in writing to the cancellation of the trusts therein contained and to the vesting of the said land in the Corporation for the aforesaid purposes:
And whereas the Corporation has consented under seal to the vesting of the said land in it for the aforesaid purposes:
Be it therefore enacted as follows:
(1)
The vesting of the said land in Godfrey Hall, Herbert Henry Thorne, Llewellyn Derrett, Terence Fielding Hight, and Roland William Oliver, all of Hororata, farmers, for an estate in fee simple is hereby cancelled.
(4)
The land to which this section relates is more particularly described as follows:
Firstly, all that area in the Canterbury Land District, Selwyn County, containing by admeasurement 1 acre, more or less, being part of Reserve 954, situated in Block XII of the Hororata Survey District, and being part of the land comprised and described in certificate of title, Volume 408, folio 230, Canterbury Registry (limited as to parcels), and bounded as follows: Commencing at the intersection of the western side of the Hororata–Coalgate Road with the northern side of Duncan’s Road; thence in a westerly direction along the northern side of Duncan’s Road for a distance of 252 links; thence northerly along a right line parallel to the Hororata–Coalgate Road for a distance of 400 links; thence easterly along a right line parallel to Duncan’s Road for a distance of 252 links to the Hororata–Coalgate Road, and thence southerly along the western side of the last-mentioned road to the point of commencement, be the aforesaid measurements a little more or less.
Secondly, all that area in the Canterbury Land District, Selwyn County, containing by admeasurement 11 acres 3 roods and 29 perches, more or less, being part of Reserve 954, situated in Block XII of the Hororata Survey District, and being the whole of the land comprised and described in certificate of title, Volume 408, folio 230, Canterbury Registry (limited as to parcels), excepting therefrom the area firstly described.