Adamson's Garden, Bluff Harbour, Otago District.
This Indenture made the 29th day of October in the Year of our
Lord 1838 Between John Towack of Obooka New Zealand of the first part The said
John Towack Ariroa and Toby Partrick all of New Zealand aforesaid the principal
Chiefs of New Zealand of the 1838. 29 October.Otago District.Bluff Harbour. second part and George Green of Sydney in the Colony of New South Wales
Boat George Green. Builder of the third part Whereas the said John Towack being seized in his
demesne as of fee or otherwise of the Land and premises hereinafter described hath
agreed to sell same to the said George Green for the price or sum of hereinafter
mentioned and the said Ariroa and Toby Partrick have agreed to join in these
presents for the more further and better securin to the said George Green the said
Land and premises and for the confirming and shewing their full consent and
concurrence to the said sale and conveyance to the said George Green and his heirs
for ever Now this Indenture Witnesseth that for and in consideration of the sum of
Fifteen Pounds by the said George Green to the said John Towack in hand paid at or
immediately before the Sealing and Delivery of these presents the Receipt whereof
is hereby acknowledged and in further consideration of the sum of Five shillings
apiece to the said John Towack Ariroa and Toby Partrick in hand at the same time
paid by the said George Green he the said John Towack by the direction and with
the consent and concurrence of the said John Towack by the direction and with the
consent and concurrence of the said Ariroa and Toby Partrick testified by their
being partners to and executing these presents hath granted bargained and sold
aliened and released and by these presents Doth grant bargain sell alien and
release And the said John Towack Ariroa and Toby Partrick Have and each of them
Hath granted bargained sold aliened released and confirmed and by these presents
Do and each and every of them Doth grant bargain sell alien release and confirm
unto the said George Green in his actual Possession now being by virtue of a
Bargain and Sale for one year to him thereof made in consideration of Five
Shillings by the said John Towack and bearing date the day next before the day of
the date of these presents and to his heirs All that piece or parcel of Ground
situate between Sterling's Point and Tyger's Land on the Old Man's Bluff on Middle
Island New Zealand and known by the name of Adamson's Garden and bounded on the
North by a line running Westerly next Boundaries. [109 acres.] Land the property of John McGibbons and containing on that side three
miles or thereabouts on the West by a line running North and South next the
Straits of Provaux and containing on [gap — reason: illegible] side—Hundred Yards
on the South by a line running Westerly next Land the property of William Sterling
and containing on that side three miles or thereabouts and on the East by a line
running North and South and passing the Old Man's Bluff Harbour and containing on
that side——Hundred Yards or thereabouts be the same more or less And all the
Estate right and title of the said John Towack Ariroa and Toby Partrick thereto To
Have and to Hold the same and every part and parcel thereof unto the said George
Green his heirs and assigns Unto and to the use of the said George Green his heirs
and assigns for ever And the said John Towack Ariroa and Toby Partrick for
themselves severally and for their several and respective heirs executors and
administrators covenant promise and agree with and to the said George Green his
heirs executors and administrators in manner following that is to say first that
they the said John Towack Ariroa and Toby Partrick they some or one of them hath
full right and full power and authority to convey and dispose of the said Land and
premises hereinbefore described and that neither of them either severally or in
conjunction with each other or others have done at any time or times any Act or
deed whereby the said premises or Land may be in any wise encumbered And that it
shall be lawful for the said George Green his heirs and assigns at all times
hereafter to enter into and upon the said Land and premises and the same to
possess and enjoy without any hindrance from or by the said John Towack Ariroa or
Toby Partrick or any person or persons claiming by from through under or in trust
And that in case it should at any time hereafter be necessary they the said John
Towack Ariroa and Toby Partrick their heirs and assigns either conjoinedly or
severally shall and will make do and execute all such other Deeds Conveyances and
assurances for completely securing the said Land to the said George Green or do
any other thing that may be thought necessary by the said George Green or his
heirs or assigns for the more effectually assuring and confirming the said Land
and premises hereby conveyed unto the said George Green his heirs and assigns or
otherwise as he they or any of them may advise devise or require In Witness
whereof the said parties have hereunto set their Hands and Seals and the said
Ariroa his Sign Manual the day and year first above written.
John Towack, L.S.
Ariroa. L.S.
Toby Partrick. L.S.
Signed Sealed
and Delivered by the said parties they being first fully acquainted with the
nature and contents of this Deed in the presence of—
Received of George Green
the sum of Fifteen Pounds being the consideration
John Lewis.
money within mentioned on the day and year first above written.
John Towack.
Ariroa.
Toby Partrick.
Witness—
John Lewis.
page 420
Registration. Received into the Registrar's Office this 5th day of June 1840 at ½ past 11
o'clock in the Fore Noon from E. G. Savage a Memorial of a Lease and Release from
John Towack and others to George Green verefied by E. G. Savage and numbered. 126
One hundred and Twenty six. B. S. Signed Alfred Elyard.
No. 4.O.L.C. A True Transcript of Certified Copy of Original Deed and Registration.
H. Hanson Turton.
Wellington, 16th
March 1881.