Deed Enclosure in No.368.
Opango Block (Timber Lease),
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.