(Deed Enclosure in No. 370.)
Part of Whangamata No. 3 Block (Timber
Lease), Hauraki District.
1873 11 JanuaryHauraki District.This Deed made the eleventh day of January one thousand eight
hundred and seventy three Between Matai Paraki Te Pamahue Haromi Tuhoi Te
Rakiraki Herewine Te
WhancamataNo. III., Part Of. Timber Lease to
Messers. Seccombe and Son. Rangai Ngahuia Ngakako Rawiri Te Whakaiti Marara Hikori Aperehama Pokai
Hori Rakena Pokai and Ngatai All of Hauraki in the Province of Auckland Colony
of New Zealand Aboriginal Natives hereinafter called the
Rceipt for £50. said Grantors on behalf of themselves and the persons whose names are
entered on the register in the Native Land Court under Section Seventeen of "The
Native Lands Act," one thousand eight hundred and sixty seven as owners of the
Block Whangamata Number Three who are all of the said district province and
Colony of the one part and Richard Seccombe and John Carroll Seccombe both of
Kyber Pass Auckland in the said Province and Colony Brewers hereinafter called
the said Grantees of the other part Whereas the said Grantors being the owners
of the land hereinafter described have agreed to sell and dispose of to the said
Grantees the whole of the Forest timber and other trees growing standing being
or cut in upon and about the land hereinafter described for the sum of Fifty
pounds £50 and to enable the said Grantees to obtain and use the same They the
said Grantors have agreed to execute the Grant and demise hereinafter contained
Now this Deed witnesseth that for and in consideration of the sum of Fifty
pounds paid by the said Grantees to the said Grantors the receipt whereof is
hereby acknowledged 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 All and singular The Kauri and other Timber forest and bush standing
growing being or cut in upon or about All that piece or parcel of land situate
in the District of Hauraki Province of Auckland Colony of New Zealand
Boundaries. [944 acres.] forming and being part of Whangamata Number Three Bounded towards the
North by Whangamata number three Six thousand one hundred links Towards the East
by Whangamata number three Thirty thousand one hundred links Towards the South
West by Hikutaia Number Three Sixteen thousand three hundred links and three
thousand one hundred and fifty links and towards the West by Whangamata number
three Nine thousand six hundred and fifty links to point of commencement as the
same is delineated on the plan drawn hereon edged Red Together with all the
rights easements and appurtenances thereto belonging Together also with the sole
and exclusive right license liberty authority and power to the said grantees
their executors administrators and assigns and their agents and servants to cut
down remove and carry away all such Kauri Timber and other Trees forest and bush
And to make all roads paths and tramways that they may require and to dig and
make saw pits erect saw mills and other buildings and to make water courses and
dams and to have and use exclusively all creeks rivers waters and water courses
or streams on and running through the said land and to erect booms and dams
thereon And to do all such other acts matters and things in upon and about the
said land as may be desirable or necessary for the obtaining using and removal
of the said Timber Forest Bush and other Trees or any of them or any part or
parts thereof To hold the said premises unto the said Grantees their executors
administrators and assigns absolutely And this Deed Further Witnesseth that for
the considerations aforesaid and of the rent hereinafter reserved And only to
give effect to the sale license and grant hereinbefore contained They the said
Grantors Do and each and every of them Doth hereby demise and lease unto the
said Grantees their executors administrators and assigns All that piece or
parcel of land hereinbefore mentioned and described as delineated on the plan
drawn hereon edged red To hold the same unto the said Grantees their executors
administrators and assigns for during and until the full end and term of
Lease for 21 years. Twenty-one years from the day of the date hereof fully to be complete
and ended Yielding and paying therefor yearly and every year during the said
term the rent or sum of One Shilling if and when demanded And the said Grantors
Do and each and every of them Doth hereby for himself herself and themselves
their and each of their heirs executors administrators and assigns covenant to
and 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
page 495.gif)
said Grantors now have good right and title
to grant and demise the premises hereby granted and demised in manner aforesaid
and that free from all incumbrances And also that all and singular the premises
hereby granted and demised shall at all times during the said term of Twenty-one
years be peaceably and quietly enjoyed by the said Grantees their executors
administrators and assigns without any let suit hindrance trouble eviction or
disturbance whatsoever of from or by the said grantors or any or either of them
their or either of their heirs executors administrators or assigns or any person
or persons lawfully or equitably claiming or to claim from or under him her or
them And also that the said grantors and each and every of them their and each
and every of their heirs successors executors administrators and assigns and all
other persons lawfully or equitably claiming as aforesaid shall and will at all
times during the said term of Twenty-one years upon the request and at the cost
of the said Grantees their heirs executors administrators or assigns Do and
execute or cause to be done and executed all such acts deeds matters and things
and assurances for the further or more effectually assuring the premises hereby
granted or intended so to be unto the said grantees their executors
administrators and assigns as shall or may be reasonably required And it is
hereby declared and agreed that all 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 the powers in the
Lessors by virtue of the Twenty-first clause or section of the said Conveyancing
Ordinance shall not be implied in this Deed but the same covenauts and powers
and every of them shall be and the same are hereby expressly negatived. In
Witness whereof the said parties have hereunto set their hands The day and year
first above written.
Matiu Parake te Pamahue x his mark. (l.s.)
Te Rakiraki x her mark. (l.s.)
Rawiri Te Wakaiti. (l.s.)
Marara Hikori. (l.s.)
Aperahama Pokai. (l.s.)
Ngahuia Ngakako. (l.s.)
Herewini Te Rangai. (l.s.)
Signed by the said Natives Paraki te Pamahue, Te Rakiraki, Rawiri, te
Wakaiti, Marara, Hikori, Aperahama Pokai Ngahuia Ngakaho and Herewini te
Rangai in the presence of us—
J. W. R. Guilding, Licensed
Interpreter, Shortland.
G. Simpson, Settler, Thames.
Haromi Tuhoi x her mark (l.s.)
Signed by the said Haromi Tuhoi in the presence of us—
J. W. R. Guilding, Licensed
Interpreter, Shortland.
Finlay McMillan, Storekeeper, Whangamata.
Ngatai ruinga. (l.s.)
Hori Rakena Pokai. (l.s.)
Signed by the said Ngatai and Hori Rakena Pokai in the presence of us—
J. W. Preece, Licensed Interpreter,
Auckland.
Geo. Winter, Clerk, Auckland.