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A Compendium of Official Documents Relative to Native Affairs in the South Island. Volume Two.

No. 39. — Copy of Deed of Exchange of certain lands at Massacre Bay between the Commissioners of Native Reserves and Mr. William Gibbs

No. 39.
Copy of Deed of Exchange of certain lands at Massacre Bay between the Commissioners of Native Reserves and Mr. William Gibbs.

Deed of Exchange.Lands at Ma [gap — reason: damaged]cre Bay.Commissioners of Native Reserves and William Gibbs.This deed, made the first day of June, in the year of our Lord one thousand eight hundred and sixty-one, between Alfred Domett, of the City of Nelson, in the Province of Nelson, in the Colony of New Zealand, gentleman, John Poynter, of the said City of Nelson, gentleman, and Thomas Brunner, in the said City of Nelson, Surveyor, Commissioners of Native Reserves appointed under an Act of the General Assembly of New Zealand, intituled "The Native Reserves Act, 1856," and hereinafter called the Commissioners of the one part, and William Gibbs, of the district of Massacre Bay, in the said Province, farmer, of the other part, whereas power is given to Commissioners appointed under the said Act (subject to the provisions thereof), with the consent of the original inhabitants of New Zealand interested therein, to exchange, absolutely sell; lease, or otherwise dispose of any lands specially excepted out of any sale by such Natives over which the Native Title shall not have been extinguished, and whereas the land firatly hereinafter described has been excepted by the Natives out of land sold by them in the district of Massacre Bay aforesaid, and the Native Title has not been extinguished over the same, but such Aboriginal inhabitants have assented to the exchange hereby intended to be made in manner provided by said Act, and whereas the said Commissioners have agreed to exchange the said land with the said William Gibbs for the land secondly hereinafter described. Now This Deed Witnesseth that in pursuance and in exercise of the powers in them vested, and in consideration of the land conveyed to them in exchange by this deed, the said Commissioners do, and each of them doth, hereby convey and assure unto the said William Gibbs and his heirs, all that piece or parcel of land forming the northern extremity of the Native reserve on the sea beach at the northern end of the peninsula of land known as Gibbs' flat, at the entrance of Aorere Harbour, in Massacre Bay, in the Province of Nelson aforesaid, containing one acre three roods and thirty-two perches, more or less, bounded on the north by the other part of Elizabeth-street, Gibbs town; on the west, by Gibbs road and other part of Gibbs town; on the east, by high water mark in Massacre Bay; and on the south, by other portion of the said reserve; and which said piece or parcel of land is more particularly delineated and described on the plan drawn in the margin of these presents, and thereon coloured pink, together with the appurtenances thereunto belonging or appertaining. To hold unto and to the use of the said William Gibbs, his heirs and assigns for ever. And this deed further witnesseth that in consideration of the land hereinbefore conveyed unto him in exchange, he the said William Gibbs, doth hereby convey and assure unto the said Commissioners, all that piece or parcel of land situated on Gibbs flat aforesaid, containing two roods thirty-four perches, more or less; bounded on the north by the Native reserve at the extremity of the Peninsula, at the entrance of Aorere Harbour aforesaid; on the east by high water mark, Massacre Bay; and on the south by Gibbs flat. And which said last-mentioned piece or parcel of land is more particularly delineated and described in the margin of these presents, and thereon colored blue, together with the appurtenances thereunto belonging or appertaining, to hold unto the said Commissioners and the survivors or survivor of them their page 396successors and assigns upon trust for the benefit of the aboriginal inhabitant to whom the land hereinbefore conveyed to the said William Gibbs belonged. In witness whereof the said parties to these presents have hereunto subscribed their names the day and year first above written.

Alfred Domett.
John Poynter.
Thomas Brunner.
Willam Gibbs.

Signed by the above-named Alfred Domett, John Poynter, and Thomas Brunner in the presence of—

James Thomas Catley, Clerk, Land Office, Nelson.
Signed by the within-named William Gibbs, in the presence of—
James Thomas Catley, Clerk in Land Office, Nelson.

In conformity with the seventh section of "The New Zealand Native Reserves Act, 1858," I hereby declare my assent to the exchange effected by the within-written deed, as written my hand this fifth day of August, one thousand eight hundred and sixty-one.

Thomas Gore Brown,
Governor.
F. G. Henrich, Clerk of the Council.

With the advice and consent of the Executive Council—

William Fox.
Henry Sewell.