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Maori Deeds of Land Purchases in the North Island of New Zealand: Volume One

(Deed Enclosure 2 in No. 380) — Part of Omahu Block (Timber Lease), Hauraki Disrict. — A

(Deed Enclosure 2 in No. 380)
Part of Omahu Block (Timber Lease), Hauraki Disrict.
A.

1872. 25 December.Hauraki District. This Deed made the twenty-fifth day of December one thousand eight hundred and seventy-two Between Peata Pahau Ruta Pahau Timoti Piritaha, Miriama Konehu, Omahu, Part of. Maraea Takitu Paraone te Parama, Mata te Ngahue Tamati te Paetae Tamihana Tukere Timber lease to Messrs. R. Seccombe and Son. all of Hauraki 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 at Auckland in the said Province and Colony Brewers (hereinafter called the said Grantees) of the other part Whereas the said Grantors being owners of the land hereinafter described have sold to the said Grantees the whole of the Forest trees Timber and other Trees growing standing being or cut in upon and about the said land for the sum of fifty 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 fifty pounds paid by the said Grantees to the said Grantors (the Receipt for £50. 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 Trees Forest and Bush standing growing being or cut in and upon and about All that piece or parcel of land in New Zealand aforesaid containing by admeasurement One thousand eight hundred and eighty acres more or less being part of a Block of land called or known as "Omahu" Block situate near Hikutaia in the district of Hauraki Queen's County in the said Province and Colony and is bounded towards the north by lines six Boundaries. [1,880 acres.] hundred and twenty links, One thousand four hundred and sixty six links Two hundred and four links seven hundred and ninety six links and ten thousand six hundred and forty seven links Towards the East by a line Twelve thousand two hundred links Towards the South by a line Sixteen thousand three hundred links and towards the West by the Tairua River 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 page 520assigns and their agent 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 buildings and to make water courses and dams and to have and use exclusively all creeks rivers waters and watercourses 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 and 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 for the rent hereinafter reserved and only to give full effect to the sale license and grant hereinbefore contained They the said Grantors Do and each of them doth hereby demise and lease unto the said Grantee his executors administrators and assigns All that piece or parcel of land hereinbefore mentioned and described and delineated on the plan drawn hereon edged red Together with all the rights and appurtenances thereto belonging 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 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 incumbrances And also that all and singular the premises hereby granted or demised or expressed or intended so to be 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 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 and 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 and 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 Seventh clause or section of the Conveyancing Ordinance of New Zealand number Ten of Session Two and the powers in the Lessor 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 Where of the said parties have hereunto subscribed their names and affixed their seals the day and year first herein written.

(Sd) Peata Pahau x her mark. (l.s.)
" Ruta Pahau x her mark. (l.s.)
" Miriama Konehu x her mark (l.s.).
" Paraone te Parama (l.s.)
" Mata te Ngahue x her mark (l.s.)
" Tamati Paetae. (l.s.)
" Tamihana Tukere. (l.s.)

Signed sealed, and delivered by the said Pahau, Ruta Pahau, Miriama Konehu, Paraone te Parama, Mata te Ngahue, Tamati Paetae, and Tamihana Tukere, in the presence of —

(Sd)J. W. R. Guilding, Licensed Interpreter, Shortland.
" Chas F. Rushbrook, Draftsman, Shortland.
Timoti Piritaha x his mark.(l.s.)

Signed, sealed, and delivered by the said Timoti Piritaha, in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
Gerald O'Halloran, Land Agent, Shortland.
Maraea Takitu.(l.s.)

Signed, sealed, and delivered by the said Maraea Takitu, in the presence of us—

J. W. Preece, Licensed Interpreter, Auckland.
Alfred Preece, Settler, Coromandel.

A True Transcript of Certified Copy of Original Lease.

H. Hanson Turton.

Wellington, November 17th, 1875.