This Indenture made the 3rd day of January in the year of our
Lord, one thousand
1840. 3 January.Bay of Islands Districts eight hundred and forty, Between Benjamin Nisbet, Builder of the Waimate
in the country of New Zealand in the island of New Zealand And Native Chiefs of
the said
Otuwere.Benjamin Nisbet. Island of New Zealand Tahere
alias Watarau, and others
who have hereunder written their names and affixed their seals, Witnesseth that
the above mentioned for and in consideration of the sum of Thirty-five pounds (and
other articles mentioned in the sequel) of Lawful Money of the Island aforesaid,
to them in hand well and truly paid by the said Benjamin Nisbet at or before the
ensealing and delivery of these presents, the receipt whereof is hereby
acknowledged, Have granted, bargained, sold, enfeoffed,
Receipt. released and confirmed, and by these presents Do grant, bargain, sell,
release, enfeoff and confirm unto the said Benjamin Nisbet, his heirs and assigns
for ever, All and the whole of a certain Tract, piece, parcel, or Lot of Land and
Timber situate, lying, and being within the said Country of New Zealand, and known
and distinguished as follows, by name Otuwere. 1st Boundary, Prom Rattaa Tree.
West Boundary to the end of
Boundaries. [500 acres.] Warekupenga Bush, bearing due North, and bounded by land rahuid by the
Revd. W. William's line running from Rattaa Tree, on the South side of the river
Waitangi to the North West side of the Warekupenga Bush, in a due North direction.
On the North, the line running from the North side of the said Warekupenga Bush,
due East North East. On the South East land belonging to Messrs. Kemp and Busby.
The top of the hills on the East of the land called Otuwere to Kaikatea Tree in
the bend of the river forming the said boundary, the line running in the same
direction on the Hills which meets the North boundary. On the South by an old Road
on the brow of the hills to a mark bearing South East and by East, the bearing
taken from a Hill called the Pahaa, and from the Pahaa Hill, in a South West and
by West direction to the bend in the River Waitangi, Together with all and
singular the Houses, Outhouses, Ways, Water, Water Courses, Barns, Stables,
Buildings, Mines, Minerals, Casements, Commodities, Hereditaments land
Appurtenances to the said Lands and Tenements, belonging or in any way
appertaining, And the Reversion and Reversions, Remainder and Remainders Rents,
Issues and Profits thereof with all the Estate Right, Title, Interest, Claim,
property and demand of him the said Tahere
alias Watarau, and
others, which they now have or hereafter may have into and upon the above
mentioned Land and Timber and Premises, and every Part thereof with the
Appurtenances. To have and to hold the described Messuages, Pieces of Ground,
Timber and Premises with the appurtenances to the said Benjamin Nisbet, his heirs
and assigns to his and their own proper use, benefit, and behalf for ever. And the
said Tahere
alias Watarau, and other for themselves, their
Heirs, Executors and Administrators Doth by these Presents, grant, covenant,
promise and agree to and with the said Benjamin Nisbet, His Heirs, Executors,
page 216Administrators and Assigns in manner
and form following, that is to say, That the said Tahere
alias
Watarau and others, now stand rightfully and Lawfully seized in their own Right of
a good, sure, perfect, and Indefesable Estate of Inheritance in fee simple of and
in the piece of Ground and Timber and Premises hereby granted or mentioned or
intended to be so with the appurtenances. And that they have good rightful power
and lawful authority to grant, bargain, sell and convey the same in manner and
form as the same are mentioned to be granted, bargained, sold, and conveyed to the
said Benjamin Nisbet his Heirs and Assigns, And also that it shall and may be
lawful for the said Benjamin Nisbet, from time to time and at all times hereafter,
peaceably and quietly to enter into, have, hold, occupy, possess and enjoy the
said piece of ground and Timber thereupon, and premises and every part thereof
with the Appurtenances, without let, hindrance, interruption or denial of or from
or by them, the said Tahere
alias Watarau, and others or any
other person or persons whomsoever. And that he the said Tahere
alias Watarau and others arid their Heirs, the Lands and Tenements, above
granted to the said Benjamin Nisbet and his Heirs and Assigns will warrant for
ever to defend by theses Presents. And the said Tahere
alias
Watarau and others Do hereby demise, release, and for ever quit claim to the said
Benjamin Nisbet, his heirs and assigns, Executors and Administrators the above
mentioned Lands and Timber and all appurtenances thereof for ever.
In Witness whereof the parties to these presents have hereunto set their hands
and seals subscribed and set, the day and year first above written. And that the
said Tahere alias Watarau, and the others have received
Thirty-five Pounds sterling and four Blankets being the payment in full for the
above mentioned Land.