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Deed Enclosure in No.368.
Opango Block (Timber Lease),
Hauraki District.
1872. 24 August.]Hauraki District. This Deed made the Twenty fourth day of August one thousand eight
hundred and seventy-two Between Kerei te Tuhi, Te Torone Hare Renata Tarehinu
Matuku Anaru Opanco. Matahau Tautoru Tawa and Te Pukewa, all of Hauraki in the Province of
Auckland Timber Lease to Messrs. Russell, Wilson, and Stone. and Colony of New Zealand Aboriginal Natives for themselves their and
each of their heirs and assigns hereinafter called the Grantors of the one part
and Thomas Russell William Chisholm Wilson and Captain James Stone all of
Auckland in New Zealand Gentlemen, for themselves their executors administrators
and assigns (hereinafter called the Grantees of the other part). Whereas the
said Grantors being the owners have sold to the said Grantees the whole of the
Forest Timber and other Trees growing standing or cut upon the land hereinafter
described for the sum of one hundred pounds and to enable the said Grantees to
use the same they have agreed to execute the Grant and demise hereinafter
contained. Now this deed witnesseth that in consideration of the sum of one
hundred pounds paid by the said Grantees to the said Grantors(the Receipt for £100. receipt whereof they the said Grantors do and each and every of them
doth hereby acknowledge) They the said grantors do and each and every of them
doth hereby give and grant unto the said Grantees their executors administrators
and assigns as tenants in common. All and singular the kauri and other Timber
Trees Forest and Bush standing growing or cut in and upon All that piece or
parcel of land described in the Schedule written hereon and delineated by the
plan annexed hereto With the sole exclusive right license liberty authority and
power to cut down remove and carry away all such Kauri Timber and other Trees
Forest and Bush And to make all paths roads and tramways that they may require
and to dig saw pits erect saw mills and other Buildings and to make watercourses
and dams and to have and use exclusively all creeks rivers waters and
watercourses or streams on the said lands and to erect booms and dams thereon.
And to all such other acts matters and things in and upon the said land as may
be desirable or necessary for the use and removal of the said Timber. And this
Deed further witnesseth that for the considerations aforesaid and of the Rent
hereinafter reserved and covenants hereinafter contained and to give full effect
to the sale and grant of the said Timber and Forest aforesaid. They the said
Grantors do and each of them doth hereby demise and lease unto the said Grantees
their executors administrators and assigns All that block of land described in
the Schedule written hereon and in the plan annexed hereto with all the rights
and appurtenances thereunto belonging To hold the same unto the said Grantees
their executors administrators Lease for 99 years. and assigns for the term of ninety nine years from the date hereof
Yielding and paying yearly during the said term the Rent or sum of five
shillings if and when demanded. And the said Grantors do and each and every of
them doth hereby for himself and themselves his and their heirs executors
administrators and assigns covenant with the said Grantees their executors
administrators and assigns that notwithstanding any act or thing by them or any
or either of them the said Grantors done or knowingly suffered to the contrary
they the said Grantors now have good right to grant the premises hereby granted
or expressed so to be in manner aforesaid. And also that all and singular the
premises hereby granted or expressed so to be shall at all times during the said
term of ninety nine years be peaceably and quietly held and enjoyed by the said
Grantees their executors administrators and assigns without any lawful let suit
hinderance trouble eviction or disturbance whatsoever of from or by the said
Grantors or any of them their or any of their heirs successors executors
administrators or assigns or any person or persons lawfully or equitably
claiming from or under him or them. And further that the said Grantors and each
of them their and each of their heirs and successors and all other persons
lawfully or equitably claiming as aforesaid shall and will at all times during
the said term of ninety-nine years upon the request and at the cost of the said
Grantees their heirs successors or assigns do and execute or cause to be done
and executed all such acts deeds matters things and assurances for the further
and more effectually assuring the premises hereby granted or expressed so to be
unto the said Grantees their executors administrators and assigns in manner
aforesaid as shall or may be reasonably required and it is hereby declared and
agreed that the covenants by the Lessee implied in every lease under and by
virtue of the Twentieth clause or section of the Conveyancing Ordinance of New
Zealand Number Ten of Session Number two and that the powers in the Lessors
implied by virtue of the Twenty first clause or section of the said Conveyancing
Ordinance shall not be implied in this Deed but the same covenants and powers
and every of them shall be and the same are hereby expressly negatived. In
Witness whereof the said parties have hereunto subscribed their names and
affixed their seals.