Deed Enclosure in No. 372.
Whangamata No. 1 Block (Timber
Lease), Hauraki District.
1872. 28 December.Hauraki District. This Deed made the Twenty-eighth day of December one thousand eight
hundred and seventy-two Between Hori Ngakapa Whanaunga Tukaramaene Reihana Poto
Hone
Whancamata No. 1.Timber lease to Seccombe and Son. Mahia Hera Tiki Miriama Pehi Pukukauri Weka Toheriri Karu Kino Te
Taniwha Hone Ropiha and Kahukore Te Taniwha all of Coromandel in the Province of
Auckland and Colony of New Zealand Aboriginal Natives (hereinafter called the
said Grantors) of the one part and Richard Seccombe and John Carroll Seccombe
both of Kyber Pass near Auckland in the Province and Colony aforesaid Brewers
(hereinafter called the said Grantees) of the other part. Whereas the said
Grantors being the owners of the land hereinafter described have sold to the
said Grantees the whole of the Forest Timber and other Trees growing standing
being or cut upon and about the said land for the sum of seventy-five 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 in consideration of the sum of seventy five Pounds paid by the
said Grantees to the said Grantors (the receipt whereof is hereby acknowledged)
They the said Grantors do and each
Receipt for £75. 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 Trees Forest and Bush standing growing being or cut in upon and about All
that piece or parcel of land in New Zealand aforesaid containing by
admeasurement Two thousand six hundred and sixty two acres more or less being
part of a Block of land called or known as Whangamata number One block situate
at Whangamata in the District of Hauraki in the said Province and Colony and is
Bounded toward the
Boundaries. [2,662 acres.] North East by a line ten thousand one hundred links towards the South
East by a line twenty-six thousand four hundred links to Maungaroa towards the
South West by lines three hundred and forty five links and eight thousand seven
hundred links and towards the North West by lines two thousand one hundred and
seventy two links two thousand four hundred and thirty four links four hundred
and fifty two links three hundred and seventy two links one thousand one hundred
and eighty links twenty one thousand five hundred links to the 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 and
also together 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 paths roads and tramways that they
may require and to dig and make saw pits erect saw mills and other
page 508.gif)
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 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 and this deed further Witnesseth that for
the consideration aforesaid and of the rent hereinafter reserved and only to
give full effect to the sale license and grant hereinafter 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 hereinafter mentioned and described and delineated on the plan
drawn hereon edged red Together with all the rights and appurtenances thereto
belonging To hold same unto the said Grantees their executors administrators and
assigns for and during and until the full end
Lease for 21 years. and terms of twenty one years from the day of the date hereof fully to
be completed and ended Yielding and paying therefor 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 herself and themselves his
her and their 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 said Grantors now have good right and title to
grant and demise the premises hereby granted and demised or expressed so to be
in manner aforesaid and that free from all encumbrances and also that all and
singular the premises hereby granted and demised or expressed or intended so to
be shall at all times during the said term of twenty one years peaceably and
quietly enjoyed by the said Grantees their executors administrators and assigns
without any let suit hinderance trouble eviction or disturbance whatsoever of
from or by the said Grantors or any or either of them their or either of their
successors executors administrators or assigns or any person or persons lawfully
or equitably claiming 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 expressed 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 Conveyancing
Ordinance of New Zealand Number ten of section 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 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 the day and year first herein written.
Miriama Pehi Pukukauri her x mark. (l.s.)
Hone Ropiha. (l.s.)
Hori Ngakapa Whanaunga. (l.s.)
Kuhukore Te Taniwha x her mark.(l.s.)
Hone Mahia. (l.s.)
Signed sealed and delivered by the said Miriama Pehi Pukukauri, Hone
Ropiha, Hori Ngakapa Whanaunga Kahukore te Taniwha, Hone Mahia in the presence
of us—
J. W. R. Guilding, Licensed
Interpreter, Shortland.
Gerald O'Halloran, Shortland.
Reihana Poto. (l.s.)
Tu Karamaene. (l.s.)
Weka Toheriri. (l.s.)
Signed sealed and delivered by the said Reihana Poto, Tu Karamaene, and
Weka Toheriri in the presence of us—
J. W. R. Guilding, Licensed
Interpreter, Shortland.
J. E. Dodd, Solicitor, Shortland.
Karukino Te Taniwha.(l.s.)
Signed sealed and delivered by the said Karukino Taniwha in the presence
of us—
J. W. Preece, Licensed
Interpreter, Auckland.
Gerald O'Halloran, Agent, Shortland.
Hera Tiki x her mark. (l.s.)
page 509
Signed by the said Hera Tiki in the presence of us—
J. W. Preece, Licensed
Interpreter, Auckland.
Geo. Winter, Clerk, Auckland.