(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 520.gif)
assigns 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.