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Maori Deeds of Land Purchases in the North Island of New Zealand: Volume One

(Deed Enclosiure in No. 369.) — Hihi and Piraunui Block (Timber Lease), Hauraki District

(Deed Enclosiure in No. 369.)
Hihi and Piraunui Block (Timber Lease), Hauraki District.

1872. 20 December.Hauraki District.This Deed made the twentieth day of December One thousand eight hundred and seventy-two Between Te Karauna Hou Taupo Waitai Miriama Pehi Pukukauri Nikora Tuamata Erueti Ngakoki Tamati Kaiuta Te Whareputu Peneameni Tanui Hori Kerei Hihi And Piraunui. Tuokioki and Nikorima Poutotara all of Hauraki in the Province of Auckland and Colony of New Zealand aboriginal natives (hereinafter called the said Grantors) of the Timber Lease to Messrs. Russell, Wilson, and Stone. one part and Thomas Russell William Chisholm Wilson and Captain James Stone all of Auckland in the said Province and Colony Gentlemen (hereinafter called the said Grantees) of the other part Whereas the said Grantors being the owners of the land hereinafter described have sold to the said Grantees the whole of the Forest Timber and other Trees growing standing being or cut in upon and about the said land for the sum of Two hundred Pounds sterling and to enable the said Grantees to obtain and use the same they the said Grantors have agreed to execute the grant and demise hereinafter contained Now this. Deed Witnesseth that in consideration of the sum of Two hundred pounds sterling paid by the said Grantees to the said Grantors (the receipt whereof is hereby acknowledged) They the said Grantors do and each and Receipt for £200. every of them doth hereby give and grant unto the said Grantees their executors administrators and assigns as tenants in common All and singular the Kauri and other Timber trees Forest and bush standing growing being or cut in upon and about All that piece or parcel of land containing by admeasurement six thousand seven hundred and fifty five (6755) acres more or less situated in the District of Hauraki Queen's [6,755 acres.] County in the said Province and Colony and called or known as Hihi and Piraunui Block the several Boundaries of which said piece or parcel of land and the several measurements of the Boundary lines thereof are particularly shewn and set out on the plan of the said piece or parcel of land drawn hereon Together with all the rights easements and appurtenances thereto belonging and also together with the sole and exclusive right license liberty authority and power to cut down remove and carry away all such kauri timber and other trees Forest and Bush and to make all paths roads and tramways that they may require and to dig and make saw pits erect saw mills and other Buildings and to make watercourses and dams and to have and use exclusively all creeks rivers waters and watercourses or streams or any running through the said land and to erect booms and dams thereon and therein and to do all such other acts matters arid things in upon and about the said land as may be desirable or necessary for the obtaining using and removal of the said timber forest Bush and other Trees or any of them or any part or parts thereof To hold the said premises unto the said Grantees their executors administrators Leaso for 99 years. and assigns as tenants in common and not as joint tenants absolutely as their own property Arid this Deed further Witnesseth that for the consideration aforesaid and for the rent hereinafter reserved and only to give full effect to the sale license and grant hereinbefore contained They the said Grantors do and each and every of them doth hereby demise and Lease unto the said Grantees their executors administrators and assigns as tenants in common All that piece or parcel of land hereinbefore mentioned and described Together with all the rights and appurtenances thereto belonging To hold the same unto the said Grantees their executors administrators and assigns as tenants in common and not as joint tenants for and during and unto the full end and term of ninety nine years from the day of the date hereof fully to be complete and ended Yielding and paying thereof yearly during the said term the rent or sum of Five shillings if and when demanded And the said Grantors do and each and every of them doth hereby for himself herself and themselves his her and their executors administrators and assigns covenant to and with the said Grantees their executors administrators and assigns that notwithstanding any act or thing by them or any or either of them the said Grantors done or knowingly suffered to the contrary They the said Grantors now have good right and title to grant and demise the premises hereby granted and demised or expressed so to be in manner aforesaid And that free from all encumbrances And also that all and singular the premises hereby granted and demised or expressed or intended so to be shall at all times during the said term of Ninety Nine page 490years be peaceably and quietly enjoyed by the said Grantees their executors administrators and assigns without any let suit hinderance trouble eviction or disturbance whatsoever of from or by the said Grantors or any or either of them their or any or either of their successors executors administrators or assigns or any person or persons lawfully or equitably claiming from or under him her or them And also that the said Grantors and each and every of them their and each of their heirs successors executors administrators and assigns and all other persons lawfully or equitably claiming as a foresaid shall and will at all times during the said term of ninety nine years upon the request and at the cost of the said Grantees their executors administrators or assigns do and execute or cause to be done and executed all such acts deeds matters things and assurances for the further and more effectually assuring the premises hereby granted or expressed or intended so to be unto the said Grantees their executors administrators and assigns in manner aforesaid as shall or may be reasonably required And it is hereby declared and agreed that all the covenants by the Lessee implied in every Lease under and by virtue of the twentieth clause or section of the conveyancing ordinance of New Zealand Number ten of Session number two and the powers in the Lessor by virtue of the Twenty-first clause or section of the said conveyancing ordinance shall not be implied in this deed but the same covenants and powers and every of them shall be and the same are hereby expressly negatived In Witness Whereof the said Parties have hereunto subscribed their names and affixed their seals.

Karauna Hou. (L.S.)
Taupo Waitai x his mark. (L.S.)
Miriama Pehi Pukukauri x her mark. (L.S.)
Nikora Tuamata x his mark.(L.S.)
Eruetir Ngakoki. (L.S.)
Tamati Kaiuta. (L.S.)
Te Whareputu x his mark. (L.S.)
Peneamene Tanui. (L.S.)
Hori Kerei Tuokioki x his mark. (L.S.)
Nikorima Poutotara. (L.S.)

Signed sealed and delivered by the said Karatuna Hou Miriama Pehi Pukukauri Peneamene Tanui and Hori Kerei Tubkioki In the presence of us—

J. W. Preece, Licensed Interpreter, Auckland.
Henry T Rowe, Licensed Surveyor, Shortland.

Signed sealed and delivered by the said Taupo Waitai Nikora Tuamata Erueti Ngakoki Tamati Kaiuta Nikorima Poutotara in the presence of us—

J. W. Preece, Licensed Interpreter, Auckland. J. W. R. Guilding, Licensed Interpreter, Shortland.

Signed sealed and delivered by the said Te Whareputu in the presence of—

J. W. Preece Licensed Interpreter, Auckland.
J. W. R. Guilding, Licensed Interpreter, Shortland.