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Deeds—No. 349.
Wharekawa and other Blocks (Assignment), Coromandel District.
1872. 12 September.Coromandel District.This Deed made the twelfth day of September one thousand eight
hundred and seventy two Between Daniel Joseph, O'Keefe of Grahamstown in the
province of Auckland and colony Interest In Wharekawa West, Wharekawa East Omahu, Otama,
Whitipirorua Blocks. of New Zealand Auctioneer Edward Torrens Brissenden, Michael Hannaford and Thomas Logan all of Auckland in
the said province and colony Gentlemen (hereinafter called "the said assignors")
of the one part and Her Majesty Queen Victoria (hereinafter called "the said
assignee") of the other part. Whereas the said assignors have advanced to the
several aboriginal natives. mentioned in the Schedule hereinafter written (being
Natives interested or claiming to be interested in the several blocks of land
respectively set opposite to the names of the said natives in the said Schedule)
the sums of money set opposite to their names in the said Schedule for the
purpose of paying the costs of surveying the said blocks of land mentioned in
the said Schedule and other necessary costs charges and expenses of preparing
the respective claims of the said Natives to the said Blocks of land for
investigation in the Native lands Court of the said province (being a court
constituted and held under and by virtue of an Act of the General Assembly of
New Zealand intituled "The Native page 434.gif)
Lands Act 1865 "and certain other Acts of the said General Assembly amending
the said Native Lands Act 1865") and the costs of the investigation of their
said claims in the said court. And Whereas upon such advances being made the
said assignors obtained from the said natives respectively interested or
claiming to be interested as aforesaid in respect of each of the said blocks and
for the respective amounts set opposite thereto in the said schedule to this
deed an instrument in writing in the form in the schedule to a certain act of
the said General Assembly of New Zealand intituled "The Native Lands Act 1867"
duly interpreted signed and endorsed as by the said Native Lands Act 1867 is
required and caused the same to be registered in the said Native Lands Court as
by the said Native Lands Act 1867 is required And Whereas the said Assignee has
contracted and agreed with the said assignors for the transfer and assignment to
her of the rights property matters and things hereinafter mentioned and
described at or for the price or sum of one thousand seven hundred pounds to be
paid as hereinafter specified Now this Deed witnesseth that in pursuance of the
said contract and agreement and in consideration of the sum of one thousand five
hundred pounds paid by the said assignee to the said Daniel Joseph O'Keefe and
Edward Torrens Brissenden Receipt for £1,500. (two of the said assignors) (the receipt whereof they do and each of
them Doth hereby acknowledge) and also in consideration of the further sum of
Two hundred pounds paid by the said assignee to the said Michael Hannaford and Thomas Logan (also two of the
said assignors) Receipt for £200. the receipt whereof they do and each of them Doth hereby acknowledge)
They the said assignors Do and each and every of them Doth hereby bargain sell
assign transfer and set over unto the said Assignee her successors and assigns
All those the said several sums of money so advanced as aforesaid and mentioned
in the said Schedule hereinafter written amounting in the whole to the sum of
Two thousand one hundred and five pounds And also all those the debts due by the
said Natives and every of them in respect of such advances And also all those
the said instruments (being five in Number) so registered as aforesaid And also
all right title interest claim and demand which the said assignors or any or
either of them have or may have in to or out of the said sums of money so
advanced as aforesaid or any of them or any part thereof or the said instruments
so registered as aforesaid or any of them. And also all or any lien or liens
which the said Assignors or any or either of them have or may have upon the
certificates of title or Crown Grants of the said blocks of land or any or
either of them or any part thereof in respect of the said sums of money so
advanced as aforesaid or any part thereof on the said instruments so registered
as aforesaid And also all right title claim and demand which the said assignors
or any or either of them have or may have under the said "Native Lands Act 1867"
or otherwise to a Mortgage or other security or lien from or by the said natives
or any or either of them of or over the said blocks of land or any of them or
any part thereof. And also all claims demands rights of action and all other
rights which the said assignors or any or either of them have or may have
against the said natives or any or either of them in respect of any matter or
thing connected with or relative to the advances so made as aforesaid or the
said instruments so registered as aforesaid or any other of the premises before
mentioned and hereby assigned or intended so to be And also all the estate,
right, title, interest, claim and demand whatsoever both at law and in equity of
them the said assignors and each and every of them of in to and out of the
premises aforesaid and every of them To have hold receive and take the said
premises hereby assigned or expressed or intended so to be unto and by the said
assignee her successors and assigns as her and their own absolute property and
for her and their own proper use and benefit And for the better and more
effectually enabling the said assignee her successors and assigns if she or they
shall think it proper or necessary to obtain or enforce the payment of and
receive the assigned premises or any part or parts thereof. They the said
assignors and each and every of them hath made deputed constituted and appointed
and by these presents do and each and every of them doth irrevocably make
constitute and appoint the said assignee her successors and assigns their and
each of their true and lawful attorney and attorneys for them and each and every
or any of them the said assignors and in their and each and every or any of
their names and in the name or names of their and each and every or any of their
executors or administrators, but for the sole and proper use and benefit of the
said assignee her successors and assigns to demand sue for recover and receive
from the said natives or any or either of them and all and every other the
person or persons to whom it shall and may belong to pay or deliver the same the
said several debts sums of money claims and demands and other the premises
hereby assigned or any of them or any part thereof together with all and every
the sum and sums of money from time to time to grow due or be payable in respect
thereof and to use and take all such lawful and equitable means for obtaiaing or
recovering the same as shall be deemed necessary or expedient in that behalf and
on payment or delivery thereof to give sufficient releases and discharges
therefor And one or more attorney or attorneys under her the said assignee her
successors or assigns for any of the purposes aforesaid to nominate substitute
or appoint and from time to time to remove and displace as she or they shall
think fit they the said assignors and each and every of them hereby transferring
and giving unto the said assignee her successors and assigns their and each and
every of their full and whole power and authority in the premises to and for
every intent and purpose—and ratifying and confirming and promising and agreeing
to ratify and confirm all and whatsoever she or they shall lawfully do or cause
to be done in or about the premises by virtue of these presents And the said
assignors for themselves and each of them for himself their and each and page 435.gif)
every of their heirs executors and
administrators do and each and every of them doth hereby covenant promise
declare and agree with and to the said assignee her successors and assigns in
manner following (that is to say) That for and notwithstanding any act deed
matter or thing whatsoever by them the said assignors or any or either of them
made done or suffered to the contrary the said sums of money mentioned in the
said Schedule to this deed have been advanced by the said assignors, in the
manner to the persons and for the purposes hereinbefore mentioned and specified
and that the said debts or sums of money amounting in the whole to Two thousand
one hundred and five pounds are still due and owing to them the said assignors
and that the said instruments so registered as aforesaid and the said liens at
the date hereof are bona fide good and valid instruments and liens respectively
And that for and notwithstanding any such act and deed matter or thing as
aforesaid they the said assignors at the time of the signing sealing and
delivering of these presents have in themselves good right and full and lawful
power and authority to assign and transfer the premises hereby assigned or
expressed or intended so to be and every part and parcel thereof unto the said
assignee her successors and assigns in the manner aforesaid and according to the
true intent and meaning of these presents And that they the said assignors or
any or either of them their or any or either of their executors or
administrators shall not or will at any time hereafter revoke annul or make void
the aforesaid power or authority hereby given to the said assignee her
successors and assigns or receive the said sums of money so advanced as
aforesaid or the said debts claims or demands or any of them or any part or
parts thereof or make do execute or knowingly occasion or suffer any acts deed
or matter or thing whatsoever whereby or by means or in consequence whereof the
said assignee her successors or assigns shall or may be prevented or hindered
from obtaining recovering or enforcing payment or delivery or receiving the same
or any part thereof or any other of the premises hereby assigned or any part
thereof And also that they the said assignors or any or either of them or their
or any or either of their executors or administrators shall not or will at any
time hereafter consent to the certificates of titles or Crown grants of the said
blocks of land or any or either of them being delivered to the said Natives or
any or either of them or do any act matter or thing or be privy or a consenting
party to any act matter or thing to enable or whereby the said natives or any or
either of them may be enabled to obtain delivery of the said certificates of
title or Crown grants or any or either of them without the express consent of
the said assignee her successors or assigns first had and obtained for that
purpose And also that he the said Daniel Joseph O'Keefe (one of the said
assignors) shall and will from time to time when requested by the said assignee
her successors or assigns or any person or persons appointed by her or by her
authority and only when requested and in the way and manner desired or pointed
out but not further or otherwise assist and do every thing in his power and to
the utmost of his skill and ability assist the said assignee her successors or
assigns or any person or persons she or they may appoint for that purpose to and
in the purchase of the said blocks of land or any or either of them or any term
or interest in or right or easement in or over the said blocks of land or any or
either of them or any part thereof And also that they the said assignors or any
or either of them their or any or either of their executors or administrators
shall not or will at any time or times hereafter purchase or procure or cause to
be purchased the said blocks of land or any or either of them or any part
thereof or any term or interest in or right or easement in or other the said
blocks of land or any part thereof or interfere with prevent hinder or delay or
cause to be interfered with hindered prevented or delayed the purchase or
negociations for the purchase by the said assignee her successors or assigns or
any person or persons on her behalf of the said blocks of land or any of them or
any part thereof or any term or interest in or right or easement in or over the
said blocks of land or any of them or any part thereof. And also that they the
said assignors and each and every of them their and each and every of their
executors and administrators shall and will at any time or times hereafter at
the request and expense of the said assignee her successors and assigns do and
execute all such further and other lawful and reasonable acts deeds matters
assignments and things whatsoever not only for the better and more effectually
and satisfactorily assigning the premises aforesaid and every of them unto the
said assignee her successors and assigns but also for assigning the same or any
part thereof unto any other person or persons whomsoever and enabling the said
assignee her successors and assigns or such person or persons to recover or
obtain delivery of the same or any part thereof to and for her and their own
proper use and benefit or otherwise as by her or them or her or their counsel in
the law shall be reasonably advised or required And the said assignee Doth
hereby for herself her successors and assigns covenant promise and agree with
and to the said assignors their and each and every of their executors and
administrators in manner following (that is to say) That she the said assignee
her successors and assigns shall and will from time to time and at all times
hereafter save defend keep harmless and indemnified the said assignors their
heirs executors and administrators of from and against all costs charges damages
and expenses whatsoever which shall or may be recovered against or in any manner
become payable by the said assignors their executors or administrators for or by
reason or means of any action suit or other legal or equitable proceeding which
shall or may be brought or prosecuted by the said assignee her successors or
assigns in the name or names of the said assignors their executors or
administrators by virtue of these presents or any power or authority herein
contained In Witness whereof the said parties hereto have hereunto subscribed
their names and affixed their seals. page 436.gif)
Lands Act 1865 "and certain other Acts of the said General Assembly amending
the said Native Lands Act 1865") and the costs of the investigation of their
said claims in the said court. And Whereas upon such advances being made the
said assignors obtained from the said natives respectively interested or
claiming to be interested as aforesaid in respect of each of the said blocks and
for the respective amounts set opposite thereto in the said schedule to this
deed an instrument in writing in the form in the schedule to a certain act of
the said General Assembly of New Zealand intituled "The Native Lands Act 1867"
duly interpreted signed and endorsed as by the said Native Lands Act 1867 is
required and caused the same to be registered in the said Native Lands Court as
by the said Native Lands Act 1867 is required And Whereas the said Assignee has
contracted and agreed with the said assignors for the transfer and assignment to
her of the rights property matters and things hereinafter mentioned and
described at or for the price or sum of one thousand seven hundred pounds to be
paid as hereinafter specified Now this Deed witnesseth that in pursuance of the
said contract and agreement and in consideration of the sum of one thousand five
hundred pounds paid by the said assignee to the said Daniel Joseph O'Keefe and
Edward Torrens Brissenden Receipt for £1,500. (two of the said assignors) (the receipt whereof they do and each of
them Doth hereby acknowledge) and also in consideration of the further sum of
Two hundred pounds paid by the said assignee to the said Michael Hannaford and Thomas Logan (also two of the
said assignors) Receipt for £200. the receipt whereof they do and each of them Doth hereby acknowledge)
They the said assignors Do and each and every of them Doth hereby bargain sell
assign transfer and set over unto the said Assignee her successors and assigns
All those the said several sums of money so advanced as aforesaid and mentioned
in the said Schedule hereinafter written amounting in the whole to the sum of
Two thousand one hundred and five pounds And also all those the debts due by the
said Natives and every of them in respect of such advances And also all those
the said instruments (being five in Number) so registered as aforesaid And also
all right title interest claim and demand which the said assignors or any or
either of them have or may have in to or out of the said sums of money so
advanced as aforesaid or any of them or any part thereof or the said instruments
so registered as aforesaid or any of them. And also all or any lien or liens
which the said Assignors or any or either of them have or may have upon the
certificates of title or Crown Grants of the said blocks of land or any or
either of them or any part thereof in respect of the said sums of money so
advanced as aforesaid or any part thereof on the said instruments so registered
as aforesaid And also all right title claim and demand which the said assignors
or any or either of them have or may have under the said "Native Lands Act 1867"
or otherwise to a Mortgage or other security or lien from or by the said natives
or any or either of them of or over the said blocks of land or any of them or
any part thereof. And also all claims demands rights of action and all other
rights which the said assignors or any or either of them have or may have
against the said natives or any or either of them in respect of any matter or
thing connected with or relative to the advances so made as aforesaid or the
said instruments so registered as aforesaid or any other of the premises before
mentioned and hereby assigned or intended so to be And also all the estate,
right, title, interest, claim and demand whatsoever both at law and in equity of
them the said assignors and each and every of them of in to and out of the
premises aforesaid and every of them To have hold receive and take the said
premises hereby assigned or expressed or intended so to be unto and by the said
assignee her successors and assigns as her and their own absolute property and
for her and their own proper use and benefit And for the better and more
effectually enabling the said assignee her successors and assigns if she or they
shall think it proper or necessary to obtain or enforce the payment of and
receive the assigned premises or any part or parts thereof. They the said
assignors and each and every of them hath made deputed constituted and appointed
and by these presents do and each and every of them doth irrevocably make
constitute and appoint the said assignee her successors and assigns their and
each of their true and lawful attorney and attorneys for them and each and every
or any of them the said assignors and in their and each and every or any of
their names and in the name or names of their and each and every or any of their
executors or administrators, but for the sole and proper use and benefit of the
said assignee her successors and assigns to demand sue for recover and receive
from the said natives or any or either of them and all and every other the
person or persons to whom it shall and may belong to pay or deliver the same the
said several debts sums of money claims and demands and other the premises
hereby assigned or any of them or any part thereof together with all and every
the sum and sums of money from time to time to grow due or be payable in respect
thereof and to use and take all such lawful and equitable means for obtaiaing or
recovering the same as shall be deemed necessary or expedient in that behalf and
on payment or delivery thereof to give sufficient releases and discharges
therefor And one or more attorney or attorneys under her the said assignee her
successors or assigns for any of the purposes aforesaid to nominate substitute
or appoint and from time to time to remove and displace as she or they shall
think fit they the said assignors and each and every of them hereby transferring
and giving unto the said assignee her successors and assigns their and each and
every of their full and whole power and authority in the premises to and for
every intent and purpose—and ratifying and confirming and promising and agreeing
to ratify and confirm all and whatsoever she or they shall lawfully do or cause
to be done in or about the premises by virtue of these presents And the said
assignors for themselves and each of them for himself their and each and page 435
every of their heirs executors and
administrators do and each and every of them doth hereby covenant promise
declare and agree with and to the said assignee her successors and assigns in
manner following (that is to say) That for and notwithstanding any act deed
matter or thing whatsoever by them the said assignors or any or either of them
made done or suffered to the contrary the said sums of money mentioned in the
said Schedule to this deed have been advanced by the said assignors, in the
manner to the persons and for the purposes hereinbefore mentioned and specified
and that the said debts or sums of money amounting in the whole to Two thousand
one hundred and five pounds are still due and owing to them the said assignors
and that the said instruments so registered as aforesaid and the said liens at
the date hereof are bona fide good and valid instruments and liens respectively
And that for and notwithstanding any such act and deed matter or thing as
aforesaid they the said assignors at the time of the signing sealing and
delivering of these presents have in themselves good right and full and lawful
power and authority to assign and transfer the premises hereby assigned or
expressed or intended so to be and every part and parcel thereof unto the said
assignee her successors and assigns in the manner aforesaid and according to the
true intent and meaning of these presents And that they the said assignors or
any or either of them their or any or either of their executors or
administrators shall not or will at any time hereafter revoke annul or make void
the aforesaid power or authority hereby given to the said assignee her
successors and assigns or receive the said sums of money so advanced as
aforesaid or the said debts claims or demands or any of them or any part or
parts thereof or make do execute or knowingly occasion or suffer any acts deed
or matter or thing whatsoever whereby or by means or in consequence whereof the
said assignee her successors or assigns shall or may be prevented or hindered
from obtaining recovering or enforcing payment or delivery or receiving the same
or any part thereof or any other of the premises hereby assigned or any part
thereof And also that they the said assignors or any or either of them or their
or any or either of their executors or administrators shall not or will at any
time hereafter consent to the certificates of titles or Crown grants of the said
blocks of land or any or either of them being delivered to the said Natives or
any or either of them or do any act matter or thing or be privy or a consenting
party to any act matter or thing to enable or whereby the said natives or any or
either of them may be enabled to obtain delivery of the said certificates of
title or Crown grants or any or either of them without the express consent of
the said assignee her successors or assigns first had and obtained for that
purpose And also that he the said Daniel Joseph O'Keefe (one of the said
assignors) shall and will from time to time when requested by the said assignee
her successors or assigns or any person or persons appointed by her or by her
authority and only when requested and in the way and manner desired or pointed
out but not further or otherwise assist and do every thing in his power and to
the utmost of his skill and ability assist the said assignee her successors or
assigns or any person or persons she or they may appoint for that purpose to and
in the purchase of the said blocks of land or any or either of them or any term
or interest in or right or easement in or over the said blocks of land or any or
either of them or any part thereof And also that they the said assignors or any
or either of them their or any or either of their executors or administrators
shall not or will at any time or times hereafter purchase or procure or cause to
be purchased the said blocks of land or any or either of them or any part
thereof or any term or interest in or right or easement in or other the said
blocks of land or any part thereof or interfere with prevent hinder or delay or
cause to be interfered with hindered prevented or delayed the purchase or
negociations for the purchase by the said assignee her successors or assigns or
any person or persons on her behalf of the said blocks of land or any of them or
any part thereof or any term or interest in or right or easement in or over the
said blocks of land or any of them or any part thereof. And also that they the
said assignors and each and every of them their and each and every of their
executors and administrators shall and will at any time or times hereafter at
the request and expense of the said assignee her successors and assigns do and
execute all such further and other lawful and reasonable acts deeds matters
assignments and things whatsoever not only for the better and more effectually
and satisfactorily assigning the premises aforesaid and every of them unto the
said assignee her successors and assigns but also for assigning the same or any
part thereof unto any other person or persons whomsoever and enabling the said
assignee her successors and assigns or such person or persons to recover or
obtain delivery of the same or any part thereof to and for her and their own
proper use and benefit or otherwise as by her or them or her or their counsel in
the law shall be reasonably advised or required And the said assignee Doth
hereby for herself her successors and assigns covenant promise and agree with
and to the said assignors their and each and every of their executors and
administrators in manner following (that is to say) That she the said assignee
her successors and assigns shall and will from time to time and at all times
hereafter save defend keep harmless and indemnified the said assignors their
heirs executors and administrators of from and against all costs charges damages
and expenses whatsoever which shall or may be recovered against or in any manner
become payable by the said assignors their executors or administrators for or by
reason or means of any action suit or other legal or equitable proceeding which
shall or may be brought or prosecuted by the said assignee her successors or
assigns in the name or names of the said assignors their executors or
administrators by virtue of these presents or any power or authority herein
contained In Witness whereof the said parties hereto have hereunto subscribed
their names and affixed their seals. page 436
| Names of Natives interested or claiming to be interested. | Names of Blocks of Land. | Amount of Money Advanced. | ||
| Aperihama Pokai and others | Wharekawa (west) | 740 | 0 | 0 |
| Hohepa Paraone and Eruera te Ngahue | Wharekawa (east) | 450 | 0 | 0 |
| Pahau Ngataua | Omahu | 500 | 0 | 0 |
| Pirika Riupoto and Eruera Pakiuma | Otama | 350 | 0 | 0 |
| Paora Waihi and Ripeka Titiparu | Whitipirorua | 65 | 0 | 0 |
| £2105 | 0 | 0 | ||
D. J. O'Keefe (l.s.)
E. T. Brissendent (l.s.)
Signed, sealed, and delivered by the said Daniel Joseph O'Keefe and
Edward Torrens Brissenden in presence of—
A. E. Whitaker, Clerk, Auckland.
Thomas logan (l.s.)
Signed, sealed, and delivered by the said Thomas Logan in the presence
of—
J. W. Preece, Native Land Agent, Auckland.
Michael hannaford (l.s.)
Signed, sealed, and delivered by the said Michael Hannaford in the presence of—
J.
Winter, Clerk, Auckland.
Note
| Wharekawa (west) | £598 |
| Wharekawa (east) | 363 |
| Omahu | 404 |
| Otama (east) | 100 |
| Otama (west) | 183 |
| Whitipirorua | 52 |
| £1700 |
| £ | £ | £ | £ | s. | d. | ||
| West Wharekawa as | 2105 | 740 | 1700 | 597 | 12 | 5 | 391/421 |
| East " " | 2105 | 450 | 1700 | 363 | 8 | 4 | 380/421 |
| Omahu " | 2105 | 500 | 1700 | 403 | 16 | 0 | 48/421 |
| Otama " | 2105 | 350 | 1700 | 282 | 13 | 2 | 202/421 |
| Whitpirorua " | 2105 | 65 | 1700 | 52 | 9 | 10 | 242/431 |
| £1700 | 0 | 0 |
| Paymaster's voucher 14144 | £1320:—Whitipirorua, £52; Wharekawa west, £498; Wharekawa east, £263; Omahu, £224; Otama west, £183; Otama east £100 | |
| Do. 14145 | 100 Wharekawa east. | |
| Do. 14166 | 100 " west. | |
| Do. 14147 | 180 Omahu. | |
| £1700 |
3982d.
Registration. Received for Registration at 2 p.m.,
21 July, 1874—M. Hamilton, Dep. Registrar,
A true Copy of Original Deed and Endorsement. Wellington, April 7th, 1875