Deeds—No. 59.
Te Kapo And Wahitapu, Kawakawa, Bay of Islands District.
This Deed
made the Twenty fifth day of October one thousand eight hundred and1872. 25 October. Bay of Islands Districts.
seventy two Between Hemi Tautari of the Bay of Islands in the Province of Auckland in New Zealand Aboriginal Native of the one part and the Honorable Julius Vogel ofTe Kapo and Wahitapu.
Wellington in the Province of Wellington in the Golony of New Zealand Esquire Colonial Treasurer for New Zealand aforesaid and who is hereinafter called the said Colonial Treasurer of the other part Witnesseth that in consideration of the sum of Two hundred and fifty pounds paid lent and advanced by the said Colonial Treasurer to the said HemiReceipt for £250, advanced on mortgage.
Tautari (The receipt whereof is hereby acknowledged) He the said Hemi Tautari doth hereby convey and assure unto the said Colonial Treasurer and his successors in office and his and their assigns All that parcel of land in the Province of Auckland in the Colony of New Zealand aforesaid containing by admeasurement six acres more or less situate at Kawakawa in the District of the Bay of Islands aforesaid and known by the name of "Te Kapo" Bounded towards the North West by theBoundaries of Te Kapo. [6a. 0r. 0p.]
Kuranui Block Seven hundred and eighty five links towards the North East by a line, one thousand and seventy five links towards the South East by lines Four hundred and thirty three links one hundred and ninety two links and Two hundred and twenty one links and towards the South West by a line six hundred and ninety links and numbered153n. As
the same is delineated by the plan drawn hereon marked "A" And also all that parcel of land in the Province of Auckland aforesaid situate at Te Kawakawa in the District of the Bay of Islands aforesaid containing by admeasurement Three roods and fifteen perches more or less and called or known by the name of "Te Wahitapu" Bounded towards the North by Te Kapo Block Two hundred and twenty one links andBoundaries of Wahitapu. [0. 3r. 15p.]
one hundred and ninety two links towards the North East by a line Eighty two links towards the South East by a Tramway Three hundred and ten links and towards the South West by Crown land Three hundred and eighty eight links As the same is delineated by the plan drawn in the margin hereof marked "B" Together with all the rights and appurtenances thereunto respectively belonging and all deeds thereto relating And it is hereby expressly declared and agreed by and between the said parties hereto that the Conveyance hereby made is by way of Mortgage only for the purpose of securing the due payment by the said Hemi Tautari his Heirs executors administrators or assigns to the said Colonial Treasurer or his successors in office or his and their assigns of the said sum of Two hundred and fifty pounds in manner following That is to say the Sum of Eighty three pounds six shillings and eight pence on the twenty fourth day of October one thousand eight hundred and seventy three the Sum of Eighty three pounds six shillings and eight pence on the twenty fourth day of October one thousand eight hundred and seventy four and the Sum of Eighty three pounds six shillings and eight pence on the twenty fourth day of October one thousand eight hundred and seventy five Provided always and it is hereby further expressly declared and agreed by and between the said parties hereto that in case default shall be made in payment of any one of the said annual instalments on the day on which the same shall become due or for Thirty days thereafter It shall be lawful for the said Colonial Treasurer or his successors in office or his or their assigns forthwith or at any time thereafter to exercise the powers of sale vested in Mortgagees by the Nineteenth Clause of the Conveyancing ordinance of New Zealand Number Ten of Session Number Two in as full and effectual a manner as if the space of Three months and Three months thereby required had elapsed and the demand and notice of demand thereby also required had been duly given and made In Witness whereof the said parties have hereunto subscribed their names.Hemi Tautari.
Signed by the within named Hemi Tautari (the name of the "Honourable
Julius Vogel" having been first substituted for that of "Thomas Bannatyne
Gillies" in the third line of the within written deed) in the presence
of—
R. C. Mainwaring, Licd. Interpreter, Auckland.
Fred. M. P. Brookfield,
Solr., Auckland.
[Declaration of Randle Cotton Mainwaring]
Randle Cotton Mainwaring
of the City of Auckland in the Province of AucklandDeclaration of R. C. Mainwaring.
in New Zealand Licensed Interpreter of the Maori Language do most solemnly and sincerely declare 1. That I hold a certificate duly authorizing me to act as Interpreter under the "Native Lands Act 1865" "The Native Lands Act 1867" "The Native Lands Act 1869" and "The Native Lands Act Amendment Act 1870" and that such certificate is in full force and effect. 2. That I was present on the Twenty fifth day of October one thousand eight hundred and seventy two together with Frederic Morris Preston Brookfield of Auckland aforesaid Solicitor and did see Hemi Tautari named and described in the annexed deed of Mortgage marked "A" duly sign and execute the said deed of Mortgage. 3. That immediately before the execution of the said deed of Mortgage by the said Hemi Tautari I did faithfully interpret the said deed of Mortgage into the Maori language unto the said Hemi Tautari and that my translation thereof was correct and was understood by the said Hemi Tautari. 4. That the names "R. C. Mainwaring" and "Fred. M. P. Brookfield" set and subscribed as those of the witnesses attesting the due execution of the said deed of Mortgage by the said Hemi Tautari are of the proper handwriting of me this declarant and of the said Frederic Morris Preston Brookfield and that the said Frederic Morris Preston Brookfield is a male adult.And I make this solemn declaration conscientiously believing the same to be true and by virtue of certain Acts of the General Assembly of New Zealand intituled the "Native Lands Act 1865" "The Native Lands Act 1867" "The Native Lands Act 1869" "The Native Lands Act Amendment Act 1870" and the "Justices of the Peace Act 1866."
Made and declared at Auckland aforesaid this Twenty fifth day of October
one thousand eight hundred and seventy two Before me
P. A. Philips,
R. C. Mainwaring
A Justice of the Peace in and for the Colony of New Zealand.Note.
This is the deed marked "A" referred to in the annexed declaration of Randle Cotton Mainwaring made before me this Twenty fifth day of October one thousand eight hundred and seventy two.
P. A.
Philips,
A Justice of the Peace in and for the Colony of New
Zealand.
(Enclosure 1 in No. 59.)
Crown Grant to Hemi Tautari, Bay
of Islands.
1872 31 October. Bay of Islands District.
Victoria,
by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen:To All to whom these Presents shall come, Greeting:
Te Wahitapu.
Know Ye that for good considerations Us thereunto moving, We, for Us, our Heirs and Successors, do hereby Grant unto Hemi Tautari of the District of Bay of Islands in the Province of Auckland Aboriginal Native of New Zealand his Heirs and Assigns, All that Parcel of Land in our Province of Auckland in our Colony of New Zealand, containing by admeasurement Three (3) roods and fifteen (15) Perches more or less situate at Te Kawakawa in the District of Bay of Islands County of Bedford being called or known by the name of Te "Wahitapu No. 2" and numbered One thousand nineBoundaries. [oa.3r, 15p.]
hundred and eighty eight (1988) Bounded towards the North by Te Kapo Block Two hundred and twenty one (221) links and One hundred and ninety two (192) links towards the North East by a line Eighty two (82) links towards the South East by a Tramway Three hundred and ten (310) links and towards the South West by Crown Land Three hundred and eighty eight (388) links Subject however to the right conferred on the Governor of New Zealand by the Native Lands Act 1865 of taking and laying off roads through the said land without compensation Provided that the total quantity of land to be taken therefor shall not be more than after the rate of Five acres for every One hundred acres and that the land taken for such roads be not occupied by any building garden orchard plantation or ornamental ground Such right to cease at the expiration of Ten years from the date hereof.As the same is delineated on the Plan drawn in the margin hereof, With all the Rights and Appurtenances thereto belonging; To hold unto the said Hemi Tautari his heirs and assigns for ever as from the Twentieth day of January One thousand eight hundred and seventy two Provided always that the said land hereby granted shall be inalienable by sale or by Lease for a longer Period than twenty one years or by Mortgage except with the consent of the Governor being Previously obtained to every such Sale Lease or Mortgage In Testimony whereof We have caused this our Grant to be sealed with the Seal of our Colony of New Zealand.
Witness our Trusty and Well-beloved Sir George Ferguson Bowen, Knight Grand Cross of our Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over the Colony of New Zealand, at Wellington this thirty first day of October in the thirty six year of our Reign, and in the year of our Lord one thousand eight hundred and seventy two.
No. 16865.
Reg. A—87.
Endorsement.
Mortgage No. 131 from the within named Hemi Tautari to The Honorable Julius Vogel Colonial Treasurer for the Colony of New Zealand for securing Two hundred and fifty pounds—Produced and Entered the 5th day of August 1873 at 10 a.m.[ l.s.]
Geo. B. Davy,
D.L.R.
(
Enclosure 2 in No. 59.)
He Panui.
Declaration of Hemi Tautari.
No runga no te ritenga o te Ture whakahaere whenua kua oti nei te hanga e te Paremata, i te tau, 1870.Ko ahau ko Hemi Tautari he tangata Maori, ka ki nei i runga o te oati tapu, o te oati tika:—
Tuatahi.—Ko taku ki tenei, ko ahau tonu te tangata, ara, ko matou tahi nga tangata o roto o te Karauna Karati o Te Wahi Tapu No. 2, e 3 rutu 15 pati, kei te takiwa o Te Kawakawa i te Koroni o Nui Tireni.
Tuarua.—Ko taku ki ano tenei, ko te utu tuturu e mohiotia tikatia ana e ahau, ara e matou, mo taua whenua, koia tenei, E 250 pauna moni, kaore i nuke ake.
Na ko tenei ki, he ki pono, he ki tuturu, he mea ki tonu no runga no te whakaatu mai o te Ture whakahaere whenua o te tau 1870, me te Ture whakahaere o nga Kai Whakawa, kua oti nei te whakatakoto e te Paremata i te tau 1866.
He mea ki nui ki taku aroaro i te 22 o nga ra o Pepuere i te tau
1872.
Geo. Brown,
Govt. Interpreter.
Hemi Tautari.
English Translation.
In the matter of the Land Transfer Act 1871.
I, Hemi Tautari an Aboriginal Native of New Zealand, do solemnly and sincerely declare:—
1st. That I am the grantee named in the grant from the Crown known as Te Wahi Tapu No. 2 containing 3 roods and fifteen perches situate in the District of Te Kawakawa —Bay of Islands—in the said Colony.
2nd. That the value of the said land is £250 and no more.
And I make this solemn declaration conscientiously believing the same to be true, and under the provisions of the Land Transfer Act 1870 and the Justices of the Peace Act 1866.
Made and declared at Auckland this 22nd day of February 1873 Before
me
Geo. Brown,
Govt. Interpreter.
Hemi Tautari.
[trust commissioner's certificate]
Trust Commissioner's certificate.
Frauds Prevention Act 1870 for the District of Auckland, Do hereby Certify that I have with respect to the within written Instrument and the alienation thereby witnessed, made the inquiries directed by the said Act, And Do Certify that I am satisfied with the result of such inquiries.Dated at Auckland this 29th day of March a.d. 1873.
T. M. Haultain,
Trust Commissioner.
[ l.s.]
Geo. B. Davy,
D.L.R.
1873. 26 July. Te Kapo and Te Wahitapu.
under a Certain Grant from the Crown to Hemi Tautari and his heirs of the land secondly described in the within written Deed of Mortgage, I the Right Honourable Sir James Fergusson Bart. the Governor of New Zealand do hereby consent to the alienation by the said Hemi Tautari of the said land by way of mortgage in the mannerGovernor's consent to alienation.
and form set forth in the said Deed of Mortgage.Given under my hand at the Government House at Wellington this 26th day of July one thousand eight hundred and seventy three.
James
Fergusson,
Governor
611 c.
Received for Registration at 10 a.m. 1 April 1873. Endorsement.
M. Hamilton,
Dep. Registrar.
[ l.s.]
A True Copy of Original Deed of Mortgage, Declarations, Crown Grant, Certificate, Governor's assent and Endorsements.
Wellington, May 26th, 1875.