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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. 336.)

(Enclosure in No. 336.)

Agreement between J. W. McNee and Trustees of Paul and Co., Sydney.Missive of Agreement between J. W. Macnee of Kiamala, St. Vincent, on the one part and the Trustees of Paul & Co. Merchants in Sydney on the other part relative to a speculation p. the Schooner "Ariel" to New Zealand in the month of September 1839, in which the first mentioned party to this holds a fifth interest and also relative to a piece of land on the river Wairoa in the district of Kaipara New Zealand purchased by Paul & Co. in the name of the said J. W. Macnee, and of which he holds an interest to the extent of one third while Paul & Co. hold the remaining two thirds, Witnesseth That Paul &. Co. having all along been under the entire outlay of money on the two accounts above named, and their Trustees being now anxious to have the same closed in so far as it is practicable hereby agree to relieve and do relieve the said J. W. Macnee his heirs executors and assigns from his contemplated share of the loss on the adventure p. the schooner "Ariel" provided and in consideration of he the said J. W. Macnee agreeing to make over to the Trustees of Paul & Co. the one third share which he holds in the above mentioned land on the river Wairoa which he hereby now, for himself his heirs executors and assigns now does upon the understanding that, should the one third share in the said land produce more than the said J. W. Macnee's one fifth loss on the Ariel's adventure then and in that case the surplus to stand against the loss if any which may arise on J. W. Macnee's account with Paul & Co., say to J. W. Macnee's proportion of loss in that firm which will be one half.

It is also hereby clearly understood by both parties and agreed to by J. W. Macnee, that he, in any way while he may be required to act relative to the land on the river Wairoa shall do so, notwithstanding of this arrangement, in every respect as if he remained the proprietor, in part of it, receiving from the Trustees of Paul & Co. whatever actual expenses he may be put to in completing these conditions.

The said J. W. Macnee also hereby binds himself his heirs executors and assigns whenever the deeds of the property aforementioned shall have been duly completed and delivered over to him by the New Zealand Government forthwith to transfer and make over the same to the then acting Trustees of the firm of Paul & Co.

J. W. Macnee.
W. Drake.
Robert Gow.

Witness to the signature of J. W. Macnee—
Henry Walton.

page 2941844. 31 October.Certificate of notary public. I William Minithorpe of the City of Sydney in the Colony of New South Wales Notary Public by royal authority duly admitted and sworn do hereby certify and attest unto all whom it may concern that the paper writing before written is and contains a true and faithful copy of a certain Missive of Agreement to me produced and shown by William Wright of New Zealand, at present residing in Sydney, and formerly a member of the late firm of Paul & Co. of the same place, Merchants, I the said Notary having this day collated the same and found it to agree in every respect with the said original Missive of Agreement of which the said paper writing purports to be a copy Act whereof being required I have granted the same under my Notarial form and seal of Office to serve and avail as occasion shall or may require. Done and passed at Sydney aforesaid this thirty-first day of October in the year of our Lord one thousand eight hundred and forty-four.

(L.S.) Wm. Minithorpe,
Notary Public,
Sydney.

No. 11.O.L.C. A True Copy of Original Deed, Attested Agreement, and Notary's Certificate.

H. Hanson Turton.

Wellington, 17th September, 1878.