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

[Deeds—No. 381.]

Deeds—No. 381.

Hotoritori Block, Hauraki District.
New Zealand.

Certificate of Title. (C.) Certificate of Title.
Register Book. Vol. 8. Folio 147.

1874. 27 July. Hauraki District.Pursuant to Memorandum of Transfer from Kerei Te Tuhi and others No. 339 Her Majesty Queen Victoria is now seized of an Estate in fee simple, subject nevertheless to such encumbrances liens and interests as are notified by Memorandum under-written or indorsed hereon, in that piece of land situated in the District of Hauraki, Queen's Hotoritori. County in the Colony of New Zealand containing Five hundred and twenty three acres [523 acres.] more or less called or known as "Hotoritori" and numbered 2518 As the same is delineated by the plan in the margin hereunder edged green and in the Public Map of the said District deposited in the office of the Native Lands at Auckland originally granted the thirteenth day of September 1873 under the hand of Sir James Fergusson, Baronet, Governor of New Zealand to the said Kerei te Tuhi and others In witness whereof I have hereunto signed my name and affixed my seal this twenty seventh day of July one thousand eight hundred and seventy four.

(l.s.)

Geo. B. Davy,
District Land Registrar of the District of Auckland.

Signed in the presence of—

T. S. Hall,

the 27th day of July, 1874. X No. 58 by Thomas Russell and others. Produced and entered the twenty ninth day of July, 1874, at 3 p.m.

Geo. B. Davy,
District Land Registrar.

A True Copy of Original Certificate.

H. Hanson Turton.

Wellington, March 22nd, 1875.
page 523

(Deed Enclosure in No. 381.)
Hotoritori Block (Timber Lease), Hauraki District.

This Deed made the twenty fourth day of August one thousand eight hundred and 1872. 24 August.Hauraki District. seventy-two Between Kerei te Tuhi Te Totoroiri Hare Renata Tauhinu Matuku Anaru Matahau and Tautoru Tawa all of the District of Hauraki in the Province of Auckland Hotoritori. and Colony of New Zealand Aboriginal Natives of New Zealand for themselves their Timber lease to Messrs. Russell, Wilson, and Stone. Receipt for £200. Lease for 99 years. and each of their heirs and assigns (hereinafter called the said Grantors) of the one part and Thomas Russell William Chisholm Wilson and Captain James Stone all of Auckland in New Zealand Gentlemen for themselves their executors administrators and assigns (hereinafter called the Grantees) of the other part Whereas the said Grantors being the owners have sold to the said Grantees the whole of the Forest Timber and other Trees growing upon the land hereinafter described for the sum of Two hundred pounds and to enable the said Grantees to use the same they have agreed to execute the Grant and demise hereinafter contained Now this deed witnesseth that in consideration of the sum of Two hundred pounds paid by the said Grantees to the said Grantors (the receipt whereof they the said Grantors do and each of them doth hereby acknowledge) They the said Grantors do and each of them doth hereby give and grant unto the said Grantees their executors administrators and assigns as tenants in common All and singular the Kauri and other Timber Trees forest and bush standing growing or cut in and upon All that piece or parcel of land described in the Schedule written hereon and delineated by the plan annexed hereto with the sole exclusive right license liberty authority and power 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 saw pits erect saw mills and other buildings and to make watercourses and dams and to have and use exclusively all creeks rivers waters and watercourses or streams on the said land and to erect booms and dams thereon And to do all such other acts matters and things on and upon the said land as may be desirable or necessary for the use and removal of the said timber And this deed further witnesseth that for the consideration aforesaid and of the rent hereinafter reserved and covenants hereinafter contained and to give full effect to the sale and grant of the said Timber and Forest aforesaid They the said Grantors do and each of them doth hereby demise and lease unto the said Grantees their executors administrators and assigns All that Block of land described in the Schedule written hereon and on the plan hereto annexed With all the rights and appurtenances thereunto belonging To hold the same unto the said Grantees their executors administrators and assigns for the term of Ninety nine years from the date hereof Yielding and paying 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 for himself and themselves his and their heirs executors administrators and assigns covenant 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 to grant the premises hereby granted or expressed so to be in manner aforesaid. And also that all and singular the premises hereby granted or expressed so to be shall at all times during the said term of ninety-nine years be peaceably and quietly held and enjoyed by the said Grantees their executors administrators and assigns without any lawful let suit hindrance trouble eviction or disturbance whatsoever of from or by the said Grantors or any of them their or any of their heirs successors executors administrators or assigns or any person or persons lawfully or equitably claiming from or under him or them And further that the said Grantors and each of them their and each of their heirs and successors and all other persons lawfully or equitably claiming as aforesaid shall and will at all times during the said term of ninety nine years upon the request and at the cost of the said Grantees their heirs successors or assigns do and execute or cause to be done and executed all such acts deeds matters things and assurances for the further or more effectually assuring the premises hereby granted or expressed so to be And 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 the covenants by the lessee implied in every case under and by virtue of the twentieth clause or section of the conveyancing ordinance of New Zealand number x of Session number II. and that the powers in the Lessors implied 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.

Schedule.

All that piece or parcel of land in the District of Hauraki Queen's County in the said Boundaries. Province and Colony containing by admeasurement Five hundred and twenty-three acres [523 acres.] more or less and being a Block called or known by the name of Hotoritori Block and is bounded towards the East and North by the Hotoritori Stream from its junction with the River Waiwhakaurunga to a point marked "C" and by part of the Waiwhakaurunga Block Two hundred and six links One hundred and thirty two links Two hundred and sixty-two links Seven hundred links One hundred and sixty five links One hundred and twenty six links and Five hundred links towards the North west by other part of Waiwhakaurunga Block Sixty seven links Two hundred and sixty five links Two hundred page 524and sixty nine links One hundred and fifty links Two hundred and twenty three links One hundred and sixty four links One hundred and fifty seven links One hundred and fifty six links One hundred and sixty links Three hundred and twelve links One hundred and fifty five links Two hundred and ninety three links Two hundred and fifty five towards the West by the Mangarehu Block Five hundred and thirty three links Four hundred and forty one links Eight hundred and nine links Two hundred and seventy nine links Seven hundred and seventeen links Three hundred and six links Five hundred and six links Three hundred and eighty one links Three hundred and twenty nine links Eight hundred and ninety one links and Two hundred and ninety three links and towards the South west by the other part of the Mangarehu Block Four hundred and seventy-five links Five hundred and fifty nine links Seven hundred and sixty-five links Two hundred and sixty-seven links Two hundred and thirty five links Three hundred and three links one hundred and ninety five links five hundred links Two hundred and six links Two hundred and forty links One hundred and sixty nine links Two hundred and fifty two links and Two hundred and forty links and towards the South by Manguiahae Block Six thousand three hundred and ten links to the Hotoritori Stream the point of commencement.

Kerei te tuhi. (l.s.)
teto roire. (l.s.)
Hare Renata. (l.s.)
tau hi nu. (l.s.)
Tautoru Tawa. (l.s.)
Motu Rui.
Anaru Matahau x his mark.

Signed by the said Kerei te tuhi Te Toroire Hare Renata Tauhinu and Tautoru Tawa, in the presence of us—

J. W. Preece, Licensed Interpreter.
James Mackay, Jr., Auckland.
J. W. R. Guilding, Land Agent, Shortland.

Signed, sealed, and delivered by the said Matuku and Anaru Matahu, in the presence of us.

[Declaration of James Wathen Preece]

Declaration of James Wathen Preece.I, James Wathen Preece, of the City of Auckland, in the Province of Auckland and Colony of New Zealand, a duly licensed Interpreter under "The Native Lands Act, 1865," "The Native Lands Act, 1867," "The Native Lands Act Amendment Act, 1868," "The Native Lands Act, 1869," and "The Native Lands Act Amendment Act, 1870," or some one or more of them, do solemnly and sincerely declare—
1. That I was present together with James Mackay, junior, of Auckland aforesaid, Native Land Purchase Agent, a male adult, and John William Richard Guilding, of Shortland, in the said Province and Colony, Land Agent, also a male adult, and did see Kerei te Tuhi Te Toroire Hare Renata Tauhinu and Tautoru tawa, all mentioned and described within the within-written Deed, sign, seal, execute, and deliver the said Deed, and also sign the plan annexed thereto and hereto and marked A, being the plan of the "Hotoritori Block," mentioned and referred to in the said above-written deed.
2. That the signatures "Kerei tetuhi" "teto roire" Hare Renata "tau hi nu" and "Tautoru Tawa," set and subscribed to the said above-written Deed and plan annexed thereto and hereto, are the proper handwriting of the said Kerei Te Tuhi, Te Toroire, Hare Renata Tauhinu and Tautoru Tawa respectively, and that the seals set opposite to the said signatures in the said above-written Deed were affixed thereto by them respectively.
3. That the signature James Mackay, jr., "J. W. R. Guilding," and "J. W. Preece," set and subscribed to the said above-written Deed and plan annexed thereto and hereto, as the witnesses attesting the due execution thereof respectively, are of the respective proper handwriting of the said James Mackay, junior, John William Richard Guilding, and me this declarant respectively.
4. That immediately before the execution of the said Deed and plan by the said parties as aforesaid, I did interpret the same to them in the Maori language, and explain to them in the Maori language that the plan annexed thereto and hereto was the plan mentioned and referred to in the said Deed, and my translation and explanation thereof was correct and understood by the said parties so signing, sealing, executing, and delivering as aforesaid.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the above-mentioned Acts of the General Assembly of New Zealand, and of a certain other Act of the General Assembly of New Zealand intituled "The Justices of the Peace Act, 1866."

J. W. Preece.

Made and declared at Shortland, in the Province aforesaid, this sixth day of September, one thousand eight hundred and seventy-two. Before me—

Henry Goldsmith,

A Justice of the Peace for the Colony of New Zealand.
page 525

[Declaration of William Henry Grace]

I, William Henry. Grace, of Shortland, in the Province of Auckland and Colony of New Zealand, a duly licensed Interpreter under "The Native Lands Act, 1865," "The Declaration of William Henry Grace. Native Lands Act, 1867," "The Native Lands Act Amendment Act, 1868," "The Native Lands Act, 1869," and "The Native Lands Act Amendment Act, 1870," or some or more of them, do solemnly and sincerely declare—
1. That I was present together with John William Richard Guilding, of Shortland aforesaid, Land Agent, a male adult, and did see Matuku and Anaru Matahau, mentioned and described in the within-written Deed, sign, seal, execute, and deliver the said Deed, and also sign the plan annexed thereto and hereto and marked "A" being the plan of the "Hotoritori Block" mentioned and referred in the said within-written Deed, and plan annexed thereto and hereto is of the proper handwriting of the said Matuku, and that the mark "x" set and subscribed to the said within-written. Deed and plan annexed thereto and hereto was made by the said Anaru Matahau, and that the seals set opposite to the said signatures in the said within-written Deed were affixed by them thereto respectively.
2. That the signatures "W. H. Grace" and "J. W. R. Guilding," set and subscribed to the said within Deed and plan annexed thereto and hereto as the witnesses attesting the due execution thereof respectively, are of the respective proper handwriting of the said John William Richard Guilding and me this declarant respectively.
3. That immediately before the execution of the said Deed and plan by the said parties as aforesaid, I did interpret the same to them into the Maori language, and explained to them in the Maori language that the plan annexed thereto and hereto was the plan mentioned and referred to in the said Deed, and my translation and explanation thereof was correct and understood by the said parties so signing, sealing, executing, and delivering as aforesaid.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the above-mentioned Acts of the General Assembly of New Zealand, and of a certain other Act of the General Assembly of New Zealand intituled "The Justices of the Peace Act, 1866."

W. H. Grace.

Made and declared at Shortland in the Province aforesaid, this twenty-first day of September, one thousand eight hundred and seventy-two. Before me—

W. Fraser, R.M.,

One of Her Majesty's Justices of the Peace in and for the Colony of new Zealand.

[Trust commissioner's certificate]

I, Theodore Minet Haultain, the Trust Commissioner under "The Native Lands Trust Commissioner's certificate. Frauds Prevention Act, 1870," for the District of Auckland, do hereby certify that I have, with respect to this instrument and the alienation hereby witnessed, made the enquiries directed by the said Act, and do certify that I am satisfied with the result of such enquiries.

T. M. Haultain,
Trust Commr.

Dated this 24th day of July, 1874. I hereby certify that the first annual payment in respect of this land has beenEndorsement. paid.

F. D. Fenton,
Chief Judge.

A True Transcript of Office Copy of Original Lease, Declarations, and Certificate.

H. Hanson Turton.

Wellington, November 22nd, 1875.