Deed Enclosure in No. 371.
Whangamata No. 5. Block (Timber
Lease), Hauraki District.
1873. 13 January.Hauraki District.This Deed made the thirteenth day of January One thousand
eight hundred and seventy three Between Ruihana Kawhero Rawiri Taiporutu Riria
Karepe Hone Mahia Anaru Pahapaha Haora Tupaea Timoti Piritaha Karaitiana Kihau
Hemititiparu and
Whangamata No V. 5594 stamp duty, 15/and/2/6 fine
paid; defaced April 9/73. Hunia Te Weu on behalf of themselves and the persons whose names are
entered in the Register in the Native Lands Court under Section. Seventeen of
the Native Land one thousand eight hundred and sixty seven as owners of
Whangamata Number Five Block all of the District of Hauraki in the Province of
Auckland Colony of New Zealand Aboriginal Natives (hereinafter called the said
Grantors) of the one part and Richard Seccombe
Timber lease to R. Seccombe and Son. 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
page 502.gif)
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 one hundred and Three Pounds 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 One hundred and Three Pounds paid by the said
grantees to the said grantors
Receipt for £103. (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
Trees 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 being part of block Whangamata Number Five and
containing by admeasurement One thousand
Boundaries. [1,600 acres.] six hundred acres more or less Bounded towards the North by Whangamata
Number One Sixteen thousand two hundred links Towards the East by Whangamata
Number Five Fourteen thousand seven hundred links Towards the South by
Whangamata number Three Six thousand one hundred links and towards the West by
Whangamata Number Five Fourteen thousand links to the point of commencement
Together with all the rights easements and appurtenances thereunto 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 to 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 therein 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 bush Forest 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 consideration aforesaid
and of the rent hereinafter reserved And only to give effect to the sale license
and grant herein before contained They the said Grantors Do and each and every
of them Doth hereby demise and lease unto the said Grantees and their executors
administrators and assigns All that the piece or parcel of land hereinbefore
mentioned and delineated on the plan drawn hereon edged Red To hold the same
unto the said Grantees their executors administrators and assigns for during
Lease for 21 years. and until the full end and term of Twenty one years from the day of the
date hereof fully to be complete.and ended Yielding and paying therefore 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 and themselves their and each of their heirs executors and
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 to the
contrary They the said Grantors Now have good right and title to grant and
demise the premises hereby granted and demised and expressed or intended so to
be 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 whatever 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 from or under him or them And also that the said Grantors and each and
every of them their and each and every of their heirs successors 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 and 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 in manner aforesaid 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 said Ordinance shall not be implied in
this Deed but the same covenants and powers 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.
Ruihana Kawhero x his mark. (l.s.)
Rawiri Taiporutu. (l.s.)
Anaru Pahapaha. (l.s.)
Karaitiana Kihau. (l.s.)
Riria Karepe x her
mark. (l.s.)
Haora Tupaea. (l.s.)
Hemi Titiparu x his mark. (l.s.)
Signed by the said Ruihana Kawhero, Rawiri Taiporutu, Anaru Pahapaha,
Karaitiana Kihau, Riria Karepe, Haora Tupaea, page 503
and Hemi Titiparu in the presence of us—
J. W. R. Guilding, Licensed
Interpreter, Shortland.
Gerald O'Halloran, Agent, Shortland.
Timoti
Piritaha x his mark. (l.s.)
Signed by the said Timoti Piritaha in the presence of us—
J. W. R. Guilding, Licensed
Interpreter, Shortland.
Samuel Brenan, Constable A. C. Force,
Grahanistown.
Hore Mahi. (l.s.)
HuniaTe Weu. (l.s.)
Signed by the said Huhia Te Weu in the presence of us—
W. H. Grace, Licensed Interpreter, Shortland.
Gerald O'Halloran,
Agent, Shortland.