Deed of Exchange.Lands at Motueka and Motupipi.Commissioners of Native Reserves and Edward Fearon.Dated 11th June, 1864.Entered on Record this 28th day of September, 1864.Alfred Domett,Secretary for Crown Lands.R, 6 A, No. 234.This deed
, made the eleventh day of June, in the year of our Lord one thousand eight hundred and sixty-four, between James Mackay
, the younger, of the City of Nelson, in the Province of Nelson, in the Colony of New Zealand, Esquire, the Commissioner of Native Reserves, appointed under two several Acts of the General Assembly of New Zealand, intituled respectively "The Native Reserves Act, 1856," and "The Native Reserves Amendment Act, 1862," and hereinafter called the Commissioner of the one part, and Edward Fearon, of the district of Motueka, in the said Province, gentleman, of the other part. Whereas power is given to Commissioners appointed under the said Act (subject to the provisions thereto), to exchange, absolutely sell, lease, or otherwise dispose of lands over which the Native Title shall have been extinguished within the jurisdiction of the Commissioners respectively, and reserved or set apart for Note.—This block of land has been given up by the Native as a site for a school, and the Commissioner of Native Reserves, Nelson, are expected to convey it to the Central Board of Education, such being the understanding with the Native owner.page 397
the benefit of the Aboriginal inhabitants. And whereas the land first hereinafter described has been set apart for the Aboriginal inhabitant, and the Native Title over the same has been extinguished. And whereas the said Commissioner hath agreed to exchange the said land with the said Edward Fearon, for the land secondly hereinafter described. Now This Deed Witnesseth, that in Pursuance and in exercise of the power in him vested, and in consideration of the land conveyed to him in exchange by this deed, the said Commissioner doth hereby convey and assure unto the said Edward Fearon, and his heirs: All that piece or parcel of land situated in the district of Motueka aforesaid, containing one hundred and forty-eight acres, more or less, being sections numbered 139, 140, and 141, respectively on the plan of the said district; bounded on the northward, by section numbered 138 on the said plan; on the eastward by a public road above high water mark; on the southward, by section numbered 142 on the said plan; and on the westward, by a public road, and which said piece or parcel of land is more particularly delineated and described in 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 Edward Fearon, his heirs, and assigns for ever. And This Deed Witnesseth, that in consideration of the land hereinbefore conveyed unto him in exchange. He the said Edward Fearon, doth hereby convey and assure unto the said Commissioner: All that allotment or parcel of land containing by admeasurment one hundred and fifty acres be the same, more or less, situated in the district of the Motupipi, within the Province of Nelson, being section numbered 9 on the plan of the said district; bounded on the northward by section numbered 5 on the plan of the said district; on the eastward and southward by the River Mctupipi; and on the westward by a public road, and which said last mentioned allotment or parcel of land is more particularly delineated and described in the plan drawn in the margin of these presents, and thereon coloured blue, together with the appurtenance thereunto belonging or appertaining to hold unto the said Commissioner and his successors and assigns upon trust for the benefit of the Aboriginal inhabitants for whose benefit the said land hereinbefore conveyed to the said Edward Fearon in exchange, was set apart or reserved and held. In witness whereof, the said parties to these presents have hereunto subscribed their names the day and year first above written.
Signed by the said James Mackay
, and Edward Fearon, in the presence of—
Henry Adams, Solicitor, Nelson.
J. A. Clark, Clerk, Nelson.
In conformity with the seventh section of "The New Zealand Native Reserves Act, 1856," I hereby declare my assent to the exchange effected by the within-written deed, as witness my hand this 21st day of July, 1864.
With the advice and consent of the Executive Council—
William Fox, Colonial Secretary.