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Maori Deeds of Old Private Land Purchases in New Zealand, From the Year 1815 to 1840, with Pre-Emptive and Other Claims

Deeds—No. 437

page 422

Deeds—No. 437.

Mistaken Bay Block, West Coast, Otago District.

1838. 31 October.Otago District.Mistak. George Green.This Indenture made the 31st day of October in the Year of our Lord 1838 Between John Towack of Obooka in New Zealand Chief of the one part and George Green of Sydney in the Colony of New South Wales Boat Builder of the other part Whereas the said John Towack is seized in his demesne as of Fee or otherwise well and justly entitled to the Land premises and hereditaments hereinafter mentioned And whereas the said George Green hath contracted and agreed with the said John Towack for the absolute purchase of the same at or for the price or sum of Two Hundred pounds Now this Indenture Witnesseth that for and in consideration of the said sum of Two Hundred pounds by the said George Green to the said John Towack in hand well and truly paid at or immediately before the sealing and delivery of these presents the receipt whereof is hereby acknowledged he the said John Towack Hath granted bargained sold released and confirmed and by these presents Doth grant bargain sell 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 this Indenture, and to his heirs All that piece or parcel of land being part of Middle Boundaries. [1,024,000 acres.] Island New Zealand Bounded on the North East and South sides by other parts of Middle Island and on the West by the Waters of the South Pacific Ocean and fronting thereto Forty miles or thereabouts commencing at a point called Waukerpito bearing South East Forty miles and then by a Line bearing about South West Forty miles and then by a Line running to Mistaken Bay Forty miles or thereabouts and containing by admeasurement One Million and twenty-four thousand Acres or thereabouts be the same more or less with all the appurtenances to the same belonging or in any wise appertaining And the reversion and reversions remainder and remainders and all the Rents issues and profits thereof To have and to hold the same and every part thereof unto the said George Green his heirs and assigns and to the use of the said George Green his heirs and assigns for ever And the said John Towack for himself and all persons claiming under him hereby covenants that he the said John Towack has full power and authority to convey and dispose of the said hereinbefore described Land and premises and that neither he nor any other person for him or on his behalf has done anything to encumber the said Land and prevent him from making an absolute conveyance of the same And the said John Towack further covenants 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 the same to possess and enjoy without any hinderance from or by the said John Towack or any person claiming or to claim by from through or under him And that in case it should be necessary at any future time he the said John Towack his heirs and assigns shall make and execute such other Conveyances deeds and assurances for completely conveying the said Land to the said George Green as the said George Green his heirs and assigns may require. In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first hereinbefore written.

Signed.John Towack. l.s.

Signed Sealed and delivered having been first read over and explained to the said John Towack in the presence of—
E. G. Savage, Solicitor, Sydney.

Receipt for £200. Received the day and year first above written from the within named George Green the sum of Two Hundred pounds the consideration within mentioned to be paid by him to me.

Signed. John Towack.
(Sign Manual of John Towack.)

£200.

Witness—

Signed. E. G. Savage.

We the undersigned John Tyroa, Toby Partrick, and John White principal Chiefs of New Zealand do severally declare to all whom it may concern that the foregoing Conveyance of Land from John Towack our principal Chief to Mr. George Green was made with our entire approbation.

Witness our hands—

Signed. John Tyroa.
Toby Partrick.
Ariroa.
John White.

Witness—

Signed. Henry Hesketh.

Registration. Received into the Registrar's Office this 17th day of Feb. 1840, at ¼ past 3 O'clock in the afternoon from E. G. Savage, a Memorial of a Lease and Release from John Towack to George Green certified by E. G. Savage and numbered 870 Eight hundred and Seventy. B. 2.

Signed. Alfred. Elyard.

No. 5.O.L.C. A True Transcript of Certified Copy of Original Deed and Registration.

H. Hanson Turton.

Wellington, 26th March, 1881.