(Enclosure in No. 85.)
Agreement of Sale from J. R. Clendon to His Excellency
Lieutenant- Governor Hobson.
1840. 25 April.Bay of Islands District.Articles of Agreement entered into the Twenty-fifth day of
April in the Year of Our Lord one thousand eight hundred and forty Between James
Clendon of Okiato Bay of Okiato and Waikare. Islands Esquire of the one part and W. Hobson Post Captain in the Royal
Navy and Lieutenant Governor of the Colony of New Zealand in behalf of Her Majesty
Alexandrina His Excellency the Governor. Victoria Queen of Great Britain and its dependencies of the other part.
page 76
It is hereby agreed by and between the said parties to these presents that the
said
James Clendon shall sell subject
nevertheless to the proviso hereinafter mentioned unto the said W. Hobson his
executors and assigns on the behalf of Her Majesty Alexandrina
Opanui. [300 acres.] Victoria her executors and assigns All that piece of land and
hereditaments situate at Okiato aforesaid containing by admeasurement three
hundred acres of land, more or less. Together with all messuages or tenements
buildings and stores thereon
Kahikatearoa. [80 acres.] erected, And all that piece of Land immediately adjoining the aforesaid
property and containing by estimation Eighty Acres more or less at or for the
price or sum of Fifteen Thousand Pounds sterling, And the said
James Clendon shall give up the possession of the whole
of the said pieces of Land and the messuages and buildings on the first day of May
one thousand eight hundred and forty And that the said W. Hobson his successors
and assigns shall and will pay (subject nevertheless to the proviso hereinafter
mentioned) unto the said
James
Clendon his executors and assigns the sum of
Price £15,000. Pounds sterling in manner following that is to say the sum of One Thousand
Pounds to be paid on the said W. Hobson his successors or assigns taking
possession of the said piece of Land and hereditaments messuages and tenements the
further sum of One Thousand Pounds to be paid on the first day of October One
thousand eight hundred and forty and the remainder of the said sum of Thirteen
Thousand to bear Interest at Ten per cent. per annum, the first half-year’s
Interest to be made payable on the first day of April one thousand eight hundred
and forty-one. And it is hereby further agreed that the said W. Hobson his
successors or assigns shall have the option of paying off the whole or any part of
the remainder of the said purchase money by giving to the said
James Clendon three months’ notice to that effect.
Provided always that nothing hereinbefore contained shall make this agreement
binding on the said W. Hobson his successors or assigns in case the Title of the
James Clendon shall not be approved
by Her Majesty’s Court of Claims to be hereinafter established in New Zealand. In
Witness whereof the said parties to these presents have hereunto set their hands
and seals the day and year first within written.
(Signed) W. Hobson.
(Signed) James R. Clendon.
Signed sealed and delivered in the presence of—
Willoughby Shortland,
Colonial Secretary.
Exd. E.E.
Nos. 66 and 66a.O.L.C. A True Transcript of Certified Copy of Original Memorandum and Articles of
Agreement.
H. Hanson Turton.
Wellington,
18th October, 1878.