(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.