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

[Deeds—No. 81.]

Deeds—No. 81.

Waikupa Native Reserve, Whanganui District.

This Deed made the eleventh day of January one thousand eight hundred and seventy1872. 11 January.Whanganui District. two between Aperahama Tipae of Wangaehu in the Province of Wellington and Colony of New Zealand aboriginal native (hereinafter called the vendor) of the one part andWaikupa. Her Majesty the Queen hereinafter called the purchaser of the other part, Witnesseth(Native Reserve.) page 250that in consideration of the sum of Two thousand pounds paid to the Vendor by the Honorable the Minister of Public Works of the said colony on behalf of the purchaserReceipt for £2,000. (the receipt whereof is hereby acknowledged) the vendor doth hereby convey assure and release unto the purchaser her heirs and successors All that piece or parcel of land situate in the Province of Wellington aforesaid on the left bank of the Wanganui river in the District of Wanganui containing two thousand two hundred and seventy two acres or thereabouts and being the block of land known as the Waikupa Native Reserve as the same land is more accurately delineated in the plan drawn in the margin hereof and edged red together with all the rights and appurtenances thereunto belonging or appertaining, In Witness whereof the said vendor hath hereunto subscribed his name the day and year first above written.

Aperahama Tipae x his mark.

Signed by the said Aperahama Tipae by making his mark in the presence of—

Thos. McDonnell, Licensed Interpreter, Wanganui.
Chas. H. Borlase, Solicitor, Wanganui.

Declaration of Thomas McDonnell. I, Thomas McDonnell, of Wanganui, in the Province of Wellington, in the Colony of New Zealand, Licensed Native Interpreter, do solemnly and sincerely declare as follows:—
1.That I did faithfully interpret in the Maori language the within-written Deed to Aperahama Tipae, therein named and described, previous to his execution thereof.
2.That my translation was correct, and was understood by the said Aperahama Tipae.
3.That the said Deed was executed by the said Aperahama Tipae in the presence of me this declarant, and of Charles Holmes Borlase, of Wanganui aforesaid, solicitor, and was executed on the day it bears date, being the eleventh day of January, one thousand eight hundred and seventy-two.
4.That the name Thomas McDonnell is of my proper handwriting, and that I am a duly licensed Native Interpreter under the Native Lands Act in force in this colony.
5.That the name Charles H. Borlase, set and subscribed to the within-written Deed as one of the witnesses attesting the due execution thereof by the said Aperahama Tipae, is of the proper handwriting of the said Charles Holmes Borlase, and the said Charles Holmes Borlase is a male adult.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of "The Justices of the Peace Act, 1866."

Thomas McDonnell,
Licensed Interpreter, Wanganui.

Declared at Wanganui aforesaid, this eleventh day of January, one thousand eight hundred and seventy-two, before me—

Joseph Willcox,
A Justice of the Peace for the Colony of New Zealand.

Registration. No. 14509.—Received 11 a.m. Wednesday, 17th April, 1872.

(l.s.)

John E. Smith,
Registrar of Deeds.

(Enclosure No. 1.)
Surrender of Lease by Henry McNeil to Aperahama Tipae.

1872. 11 January.Whanganui District.This Deed made the eleventh day of January one thousand eight hundred and seventy two Between Henry McNeil of Wanganui in the Province of Wellington in the Colonywaikupa of New Zealand contractor of the one part and Aperahama Tipae of Wangaehu in the(Native Reserve.) said Province an aboriginal native of the said Colony of the other part, Whereas by deed of lease bearing date the seventh day of October one thousand eight hundred and seventy and made between the said Aperahama Tipae of the one part and the said Henry McNeil of the other part for the considerations therein mentioned the said Aperahama Tipae did demise and lease unto the said Henry McNeil, All that piece or parcel of land known as the Waikupa Native Reserve situate on the left bank of the Wanganui river in the district of Wanganui containing by admeasurement two thousand two hundred and seventy two acres more or less as the same together with the linkages thereof is more particularly delineated and described in the plan in the margin thereof colored red, To hold the same with all the rights and appurtenances thereunto belonging unto the said Henry McNeil his executors administrators and assigns from the day of the date of the now reciting deed for the term of twenty one years subject to the payment of the yearly rent therein reserved and to the observance and performance of the covenants and agreements on the part of the said Henry McNeil his executors administrators and assigns thereby agreed to be observed and performed And whereas the said Henry McNeil has contracted with the said Aperahama Tipae to surrender the premises demised by the hereinbefore recited deed of lease in manner hereinafter mentioned, Now this Deed witnesseth that in consideration of the premises and of the sum of two hundred pounds paid by theReceipt for £200. said Aperahama Tipae to the said Henry McNeil (the receipt whereof is hereby acknowledged) he the said Henry McNeil doth by these presents surrender and yield up unto the said Aperahama Tipae the land and hereditaments demised by the page 251hereinbefore recited deed of lease, as the same are particularly delineated in the plan in the margin hereof colored red with their rights members and appurtenances to the intent that the residue of the term of twenty one years granted by the said recited deed of lease may forthwith be extinguished in the reversion and inheritance of and in the said land and hereditaments, And the said Henry McNeil doth hereby for himself his heirs executors and administrators covenant with the said Aperahama Tipae his heirs and assigns that he the said Henry McNeil has not at any time heretofore done or been party or privy to any act deed matter or thing whereby or by means whereof the premises hereby surrendered are or may become charged or encumbered or prejudicially affected or whereby the said Henry McNeil can be in any manner hindered or prevented from surrendering the same in manner aforesaid. In Witness whereof the said parties hereto have hereunto subscribed their names the day and year first above written.

Henry McNeil.

Signed by the said Henry McNeil in the presence of—

Chas. H. Borlase, Solicitor, Wanganui.
Aperahama Tipae x his mark.

Signed by the said Aperahama Tipae in the presence of—

Thos McDonnell, Licensed Interpreter, Wanganui.
Chas. H. Borlase, Solicitor, Wanganui.

I, Thomas McDonnell, of Wanganui, in the Province of Wellington, in the Colony ofDeclaration of Thomas McDonnell. New Zealand, do solemnly and sincerely declare as follows:—
  • I. That I did faithfully interpret in the Maori language the within-written deed to Aperahama Tipae, therein mentioned and described, previous to his execution thereof.
  • II. That my translation was correct, and was understood by the said Aperahama Tipae.
  • III. That the said Deed was executed by the said Aperahama Tipae in the presence of me this declarant, and of Charles Holmes Borlase, of Wanganui, Solicitor, and was executed on the day it bears date, being the eleventh day of January, one thousand eight hundred and seventy-two.
  • IV. That the name Thomas McDonnell is of my proper handwriting, and that I am a duly licensed Native Interpreter under the Native Lands Act in force in this colony.
  • V. That the name Chas. H. Borlase, set and subscribed to the within-written Deed as one of the witnesses attesting the due execution thereof by the said Aperahama Tipae, is of the proper handwriting of the said Charles Holmes Borlase, and that the said Charles Holmes Borlase is a male adult. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of "The Justices of the Peace Act, 1866."

Thos. McDonnell.

Declared at Wanganui aforesaid, this eleventh day of January, 1872. Before me—

Joseph Willcox,

A Justice of the Peace for the Colony of New Zealand.

(Enclosure No. 2.)
Lease from Aperahama Tipae to Henry McNeil.

This Deed made the seventh day of October one thousand eight hundred and seventy1870. 7 October.Whanganui district. Between Aperahama Tipae of Wangaehu in the Province of Wellington in the Colony of New Zealand an aboriginal native of the said colony and Representative of the Ngatiapa tribe of the one part and Henry McNeil of Wanganui in the said Province of Wellingtonwaikupa. Contractor of the other part, Witnesseth that in consideration of the rent hereby(Native Reserve.) reserved and of the covenants conditions and agreements herein contained and implied and by the said Henry McNeil his executors administrators and assigns to be paid kept done and performed, The said Aperahama Tipae doth hereby demise and lease unto the said Henry McNeil, All that piece or parcel of land known as the Waikupa Native Reserve situate on the left bank of the Wanganui river in the district of Wanganui containing by admeasurement two thousand two hundred and seventy two acres more or[2,272 acres.] less, as the same together with the linkages thereof is more particularly delineated and described on the plan drawn in the margin hereof colored pink, To hold the same with all the rights and appurtenances thereunto belonging unto the said Henry McNeil his executors administrators and assigns from the day of the date hereof for and during and unto the full end and term of twenty one years from thence next ensuing and fully toLease for twenty-one years. be complete and ended, Yielding and paying therefore unto the said Aperahama Tipae his heirs and assigns during the first five years of the said term the yearly rent or sum of one hundred and thirty pounds, the yearly rent or sum of one hundred and forty pounds during the second five years of the said term, the yearly rent or sum of one hundred and fifty pounds during the third five years of the said term and the yearly rent or sum of one hundred and eighty pounds during the remaining six years of the said term, And the said Henry McNeil hereby covenants for himself his executors administrators and assigns with and to the said Aperahama Tipae his heirs and assigns that he and they shall well and truly pay the said rent half yearly together with all rates taxes page 252 and assessments which shall during the said term may be rated taxed charged or assessed upon the land hereby demised or any part thereof or upon the said Aperahama Tipae his heirs or assigns in respect thereof and whereas the said Aperahama Tipae is indebted toReceipt for £119.the said Henry McNeil in the sum of one hundred and nineteen pounds which he said Aperahama Tipae doth hereby acknowledge and the said parties hereto do hereby mutually agree that the said sum of one hundred and nineteen pounds shall be deducted from the first two years' rent in manner following that is to say the sum of fifty nine pounds ten shillings to be deducted by the said Henry McNeil from the first year's rent and the like sum from the second year's rent and the said Aperahama Tipae doth hereby acknowledge the receipt of fifty pounds paid to him by the said Henry McNeil as portion of the first year's rent paid in advance. And the said Aperahama Tipae hereby covenants for himself his heirs and assigns to and with the said Henry McNeil his executors administrators and assigns that he and they shall and will at any time during this demise upon the request of the said Henry McNeil his executors administrators or assigns and upon payment to him the said Aperahama Tipae his heirs or assigns of the sum of Two thousand pounds less whatever balance of the said sum of one hundred and nineteen pounds which may be then unpaid and upon receiving the consent of the proper authority thereto convey and assure the land hereby demised to the said Henry McNeil his heirs or assigns or as he or they may direct free from incumbrances and shall execute any deed or deeds or other documents that may be necessary for vesting the fee simple of the said lands in the said Henry McNeil his heirs or assigns and shall in the event of such request use his utmost endeavours to procure the consent of the proper authority to such conveyance, In witness whereof the said parties have hereto subscribed their names.

Aperahama. Tipae
x his mark.

Witness—Edwin Turner Woon.

Signed by the said Aperahama Tipae in the presence of—
Edwin Turner Woon, Licensed Interpreter, Wanganui.
Geo. McCaul, Law Clerk, Wanganui.
Karena Temana, o Turakina.

Henry McNeil,

Signed by the said Henry McNeil in the presence of—
Geo. McCaul, Law Clerk, Wanganui.

Declaration of Edwin T. Woon I, Edwin Turner Woon, of Wanganui, in the Province of Wellington, Licensed Native Interpreter, do solemnly and sincerely declare as follows:—
1. That I did faithfully interpret in the Maori language the within Deed to Aperahama Tipae, named therein, before the execution of the said Deed by him.
2. My translation of the said Deed was correct, and was understood by the said Aperahama Tipae.
3. That the said Deed was executed by the said Aperahama Tipae in the presence of George McCaul, of Wanganui, Law Clerk, and of me this declarant, and was executed on the day it bears date, being the seventh day of October, one thousand eight hundred and seventy.
4. The name Edwin Turner Woon, set and subscribed as one of the witnesses attesting the due execution of the said Deed, is of my handwriting, and I hold a certificate authorizing me to act as Interpreter under the Native Lands Act and the Native Lands Act Amendment Act, which are in full force and effect.
5. The name George McCaul, set and subscribed as one of the witnesses attesting the due execution of the said Deed, is of the proper handwriting of the said George McCaul, and the said George McCaul is a male adult. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the said several Acts, and by virtue of an Act of the General Assembly of New Zealand entitled "The Justices of the Peace Act, 1866."

Edwin Turner Woon,
Licensed Interpreter.

Made and declared at Wanganui aforesaid, this twenty-ninth day of November, 1870. Before me—

Thos. Waters, J.P.

(Enclosure No. 3.)
Crown Grant to Aperahama Tipae, of Whangaehu.

1870. 9 May.Whanganui District.Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, To all to whom these presents shall come, Greeting. Know ye that for good considerations us thereunto moving, We, for us our heirs and successors do hereby grantWaikupa. unto Aperahama Tipae of the District of Whanganui in the province of Wellington an aboriginal Native of New Zealand his heirs and assigns all that parcel of land in our Province of Wellington in our Colony of New Zealand, containing by admeasurement two thousand two hundred and seventy two (2272) acres situate between the Whanganui and Whangaehu rivers in the District of Whanganui being called or known by the name page 253 of "Waikupa" and numbered seven hundred and twenty three (723), Bounded towards the North East by Crown land thirteen thousand five hundred and fifty (13,550) links, towards the East by Crown land fifteen thousand eight hundred (15,800) links, towardsBoundaries.[2,272 acres.] the South by the Matarawa stream, towards the West by Crown land seventeen thousand six hundred and sixty (17,660) links and towards the North West by the Kaukaatia stream, as the same is delineated on the plan drawn in the margin hereof with all the rights and appurtenances thereto belonging, To hold unto the said Aperahama Tipae his heirs and assigns for ever as from the nineteenth day of August one thousand eight hundred and sixty nine, provided always that the said land hereby granted shall be inalienable by sale or by lease for a longer period than twenty one years or by mortgage except with the consent of the Governor being previously obtained to every such sale lease or mortgage. In testimony whereof we have caused this our grant to be sealed with the seal of our Colony of New Zealand.

Witness our trusty and well beloved Sir George Ferguson Bowen Knight Grand Cross of our most distinguished order of Saint Michael and Saint George, Governor and Commander in Chief in and over the Colony of New Zealand at Auckland this ninth day of May in the thirty third year of our reign, and in the year of our Lord one thousand eight hundred and seventy.

(l.s.)
No. 14185.

G. F. Bowen.

Received 12.20 p.m. Wednesday, 24th January, 1872.Registration.
(l.s.)

John E. Smith,
Registrar of Deeds.

A True Copy of Original Deed, Crown Grant, Lease, Surrender, and Registrations.

H. Hanson Turton.

Wellington, December 14th, 1875.