Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  

Connect

    mail icontwitter iconBlogspot iconrss icon

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

Deed Enclosure in No. 371. — Whangamata No. 5. Block (Timber Lease), Hauraki District

Deed Enclosure in No. 371.
Whangamata No. 5. Block (Timber Lease), Hauraki District.

1873. 13 January.Hauraki District.This Deed made the thirteenth day of January One thousand eight hundred and seventy three Between Ruihana Kawhero Rawiri Taiporutu Riria Karepe Hone Mahia Anaru Pahapaha Haora Tupaea Timoti Piritaha Karaitiana Kihau Hemititiparu and Whangamata No V. 5594 stamp duty, 15/and/2/6 fine paid; defaced April 9/73. Hunia Te Weu on behalf of themselves and the persons whose names are entered in the Register in the Native Lands Court under Section. Seventeen of the Native Land one thousand eight hundred and sixty seven as owners of Whangamata Number Five Block all of the District of Hauraki in the Province of Auckland Colony of New Zealand Aboriginal Natives (hereinafter called the said Grantors) of the one part and Richard Seccombe Timber lease to R. Seccombe and Son. and John Carroll Seccombe both of Kyber Pass Auckland in the said Province and Colony Brewers (hereinafter called the said Grantees) of the other part Whereas the page 502said Grantors being the owners of the land hereinafter described have agreed to sell and dispose of to the said Grantees the whole of the forest timber and other trees growing standing being or cut in upon and about the land hereinafter described for the sum of one hundred and Three Pounds 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 for and in consideration of the sum of One hundred and Three Pounds paid by the said grantees to the said grantors Receipt for £103. (the receipt whereof is hereby acknowledged) They the said Grantors Do and each and every of them Doth hereby give and grant unto the said grantees their executors Administrators and Assigns All and Singular the Kauri and other Trees timber forest and bush standing growing being or cut in upon or about all that piece or parcel of land situate in the District of Hauraki Province of Auckland Colony of New Zealand being part of block Whangamata Number Five and containing by admeasurement One thousand Boundaries. [1,600 acres.] six hundred acres more or less Bounded towards the North by Whangamata Number One Sixteen thousand two hundred links Towards the East by Whangamata Number Five Fourteen thousand seven hundred links Towards the South by Whangamata number Three Six thousand one hundred links and towards the West by Whangamata Number Five Fourteen thousand links to the point of commencement Together with all the rights easements and appurtenances thereunto belonging Together also with the sole and exclusive right license liberty authority and power to the said Grantees their executors administrators and assigns and their agents and Servants to cut down remove and carry away All Such Kauri timber and. other trees forest and Bush and to make all roads paths and tramways that they may require and to dig and to make saw pits erect saw mills and other buildings and to make Water courses and dams and to have and use exclusively all creeks rivers waters and water courses or streams on and running through the said land and to erect booms and dams thereon and therein And to do all such other Acts matters and things in upon and about the said land as may be desirable or necessary for the obtaining using and removal of the said timber bush Forest 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 and assigns absolutely And this deed further witnesseth that for the consideration aforesaid and of the rent hereinafter reserved And only to give effect to the sale license and grant herein before contained They the said Grantors Do and each and every of them Doth hereby demise and lease unto the said Grantees and their executors administrators and assigns All that the piece or parcel of land hereinbefore mentioned and delineated on the plan drawn hereon edged Red To hold the same unto the said Grantees their executors administrators and assigns for during Lease for 21 years. and until the full end and term of Twenty one years from the day of the date hereof fully to be complete.and ended Yielding and paying therefore yearly and every year during the said term the rent or sum of one shilling if and when demanded And the said grantors Do and each and every of them Doth hereby for himself and themselves their and each of their heirs executors and 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 to the contrary They the said Grantors Now have good right and title to grant and demise the premises hereby granted and demised and expressed or intended so to be in manner aforesaid and that free from all incumbrances And Also that all and singular the premises hereby granted and demised shall at all times during the said term of Twenty-one years be peaceably and quietly enjoyed by the said grantees their executors administrators and assigns without any let suit hindrance trouble eviction or disturbance whatever of from or by the said Grantors or any or either of them their or either of their heirs executors administrators or assigns or any person or persons lawfully or equitably claiming from or under him or them And also that the said Grantors and each and every of them their and each and every of their heirs successors administrators and assigns and all other persons lawfully or equitably claiming as aforesaid shall and will at all times during the said term of Twenty-one years upon the request and at the cost of the said Grantees their heirs executors administrators and assigns Do and execute or cause to be done and executed all such acts deeds matters and things and assurances for the further or more effectually assuring the premises hereby granted 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 said Ordinance shall not be implied in this Deed but the same covenants and powers shall be and the same are hereby expressly negatived In Witness whereof the said parties have hereunto set their hands the day and year first above written.

Ruihana Kawhero x his mark. (l.s.)
Rawiri Taiporutu. (l.s.)
Anaru Pahapaha. (l.s.)
Karaitiana Kihau. (l.s.)
Riria Karepe x her mark. (l.s.)
Haora Tupaea. (l.s.)
Hemi Titiparu x his mark. (l.s.)

Signed by the said Ruihana Kawhero, Rawiri Taiporutu, Anaru Pahapaha, Karaitiana Kihau, Riria Karepe, Haora Tupaea, page 503and Hemi Titiparu in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
Gerald O'Halloran, Agent, Shortland.
Timoti Piritaha x his mark. (l.s.)

Signed by the said Timoti Piritaha in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
Samuel Brenan, Constable A. C. Force, Grahanistown.
Hore Mahi. (l.s.)
HuniaTe Weu. (l.s.)

Signed by the said Huhia Te Weu in the presence of us—

W. H. Grace, Licensed Interpreter, Shortland.
Gerald O'Halloran, Agent, Shortland.