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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

(Enclosure in No. 85.) — Agreement of Sale from J. R. Clendon to His Excellency Lieutenant- Governor Hobson

(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.
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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.