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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. 334

Deeds—No. 334.

Omano Block, River Wairoa, Kaipara District.

1839. 7 September.Kaipara District.This Indenture made the seventh day of September in the year of our Lord one thousand eight hundred and thirty-nine Between Terarau, Twinga, Taurau, Tukupukga, Tetoha, Paoroe, Teahu, Queen Tauwara &c. of the first part Henry Walton of Sydney Omano. Walton and Emsley. in the Colony of New South Wales Merchant and Thomas Emsley of Sydney aforesaid Gentleman now about to proceed to New Zealand of the second part and the said Thomas Emsley of the third part Whereas the said Terarau Twinga Taurau &c. being Kings and Chiefs of the said tribe of——in the Territory of New Zealand aforesaid and having right and authority to alienate the land hereinafter described have contracted with them the said Henry Walton and Thomas Emsley by and with the consent and approbation of the other Chiefs of the said Tribe for the sale to them of the said tract of land or ground for the price or consideration hereinafter mentioned and the same is now intended to be enfeoffed and conveyed to them the said Henry page 290Walton and Thomas Emsley in manner hereinafter Expressed Now this Indenture Witnesseth that in consideration of Thirty Sovereigns, Ten double Guns, Seven hundred Consideration. and eighty-four pounds Tobacco, One whaleboat oars and sails, Ten Casks powder, Twenty Regatta Shirts, twenty pairs Trowsers, forty pairs 11/4 Blankets, ten pieces Print, ten great Coats, two boat cloaks, ten spades, ten hoes, ten waistcoats, twenty pair Braces, two boxes soap, five bags Shot, ten axes, ten cloth caps, ten thousand nails, two papers fish hooks, two pounds Thread, ten quires paper, two hundred gun flints, twenty Combs, twenty Knives, twenty pairs Scissors, twenty Razors, twenty hatchets, twenty pairs boots, Two Cows, One Heifer, seven single Guns, twelve looking Glasses, twenty boxes percussion Caps, eight bullet moulds, one shooting Jacket, two pieces Handkerchiefs, one brace pistols, ten bars lead, one Musket, One Black Hat, one Rifle, one Suit Clothes in hand well and truly paid and delivered by them the said Henry Walton and Thomas Emsley to the said Terarau, Twinga, Taurau &c. &c. before the sealing and delivery hereof the receipt whereof and that the same is in full for the absolute purchase of the inheritance in fee simple in possession of the land and hereditaments hereinafter described and intended to be hereby enfeoffed and conveyed the said Terarau Twinga Taurau &c. Do and each of them Doth hereby acknowledge and from the same and every part thereof do and each of them doth acquit release and for ever discharge the said Henry Walton and Thomas Emsley their Heirs and Assigns and also the said land they the said Terarau Twinga Taurau &c. &c. Have and each of them Hath given granted and enfeoffed and by these presents Do and each of them Doth give grant enfeoff and confirm unto the said Henry Walton and Thomas Emsley and their Heirs as Tenants in Common All that portion of land situate on the Wairoa Boundaries. [6,000 acres.] River in the district of Kaipara bounded on the North by the Wairoa River on the East by a line commencing on the eastern side of a Creek called Pukenia and running East and North East between said land and land the property of the Natives on the South by Manganui River on the West by a line commencing on the Western side of the mouth of a Creek called Okoka and running thence North North West between said piece of land and land the property of the Natives or howsoever otherwise the said land or any part thereof is bounded situate known or distinguished Together with all ways paths waters woods underwoods Timber and other Trees minerals and all appurtenances to the said land belonging or anywise appertaining And all the right and title of them the said Terarau Twinga Taurau &c. &c or any part of the said Tribe of——in or to the same To Have and to Hold the said land and all and singular other the premises hereinbefore described and hereby granted enfeoffed and confirmed or intended so to be with their and every of their rights members privileges advantages and appurtenances whatsoever unto and for the use and behoof of them the said Henry Walton and Thomas Emsley their Heirs and Assigns for ever as Tenants in common and not as Joint Tenants And the said Terarau Twinga, Taurau &c. &c. for themselves respectively and their respective Heirs do and each of them doth hereby covenant with them the said Henry Walton and Thomas Emsley their Heirs and Assigns that they the said Terarau Twinga Taurau &c. &c. and their respective Heirs do shall and will warrant and for ever defend unto and to the use of them the said Henry Walton and Thomas Emsley and each of them and their Heirs and Assigns All the said land hereditaments and premises hereby granted and enfeoffed against them the said Terarau Twinga Taurau and their respective Heirs and against all and every other person and persons whomsoever claiming the said land or any part thereof And the said Henry Walton hath nominated constituted and appointed and by these presents Doth nominate constitute and appoint the said Thomas Emsley his true and lawful Attorney for him and in his name and stead to receive and take of and from the said Terarau Twinga Taurau &c. full and sufficient seizin and possession of the said land and hereditaments by these presents granted enfeoffed and confirmed or any part thereof in the name of the whole to take and have and such seizin and possession being so taken and had To Hold and retain to and for the use of them the said Henry Walton and Thomas Emsley their and each of their Heirs and Assigns for ever as Tenants in Common according to the purport and effect and true intent and meaning of these presents, In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

Te Terarau.
Te Winga.
Taurau.
Barore.
Teahu.

Signed Sealed and Delivered by the said the same having been first read over and explained to them which they seemed perfectly to understand in the presence of us—
Robert Clark.

Henry Walton.

Signed Sealed and Delivered by the said Henry Walton in the presence of—
J. H. Ward.

Thomas Emsley.

Signed Sealed and Delivered by the said Thomas Emsley in the presence of—
J. H. Ward.

page 291 Be it Remembered that on the eighth day of February in the Year of our Lord one thousand eight hundred and forty peaceable and quiet possession and full seizen of the land and hereditaments within mentioned to be granted and enfeoffed to the within 1840. 8 February.Peaceable possession taken and delivered. named Henry Walton and Thomas Emsley was openly had and taken by the within named Terarau Twinga Taurau &c. &c. and by them delivered to the within named Thomas Emsley in the name of and for the said Henry Walton and Thomas Emsley To hold the same unto and for the use of the said Henry Walton and Thomas Emsley and their Heirs for ever as Tenants in Common according to the purport and true intent and meaning of the within written Indenture in the presence of us whose names are hereunto subscribed. We acknowledge to have received on the day of the date of the within written 1839. 7 September.Receipt for cash and goods. Indenture of the within named Henry Walton and Thomas Emsley Thirty Sovereigns ten double Guns seven hundred and eighty-four pounds Tobacco, one Whale boat oars and sails ten casks powder twenty Regatta Shirts twenty pairs trousers forty pairs 11/4 Blankets ten pieces print ten Great Coats two boat Cloaks ten Spades ten Hoes ten Waistcoats twenty pairs braces two boxes soap five bags shot ten axes ten cloth Caps ten thousand nails two papers fishhooks two pounds Thread ten quires paper two hundred gun flints twenty combs twenty knives twenty pairs scissors twenty razors twenty hatchets twenty pairs boots Two Cows One Heifer seven single guns twelve looking glasses twenty boxes percussion Caps eighteen bullet moulds one shooting Jacket two pieces Handkerchiefs tea bars Lead one brace Pistols one Musket one Black Hat one Rifle one suit of Clothes being the full consideration within mentioned to be paid and given to us for the sale and conveyance of the said land and hereditaments within described.

[Witness.]

[Signatures.]

True Copy.

H. Tacy Kemp.

No. 87.O.L.C. A True Transcript of Certified Copy of Original Deed.

H. Hanson Turton.

Wellington, 5th November, 1878.