This Deed made the twenty third day of August one thousand eight hundred and seventy 1872. 23 August.Hauraki District. two Between Matiaha Kahuma, Heneri Whakarongohau, Repiu Tokata, Wata Tiaia, Raima te Hemoata, Te Hapimana Rupapa, of the Ngatipatu Hapu of Ngatimaru all of Waiwhakaurunca. Hauraki in the Province of Auckland and Colony of New Zealand aboriginal Natives Timber Lease to Messrs. Russell, Stone, and Wilson. hereinafter called "the said Grantors" of the one part and Thomas Russell Captain James Stone and William Chisholme Wilson all of Auckland in the said Province and Colony Gentlemen (hereinafter called the said Grantees) of the other part witnesseth that in consideration of the sum of Fifteen hundred pounds in hand well and truly paid by the said Grantees to the said Grantors (the receipt whereof they the said Grantors Receipt for £1,500. do and each and every of them doth hereby acknowledge) 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 as tenants in common, All and singular all the timber trees, timber, wood, firewood bush forest and all other similar property now growing standing fallen or being in upon or about, All that piece or parcel of land in the District of Hauraki Queen's County in the said Province and Colony and being a block of land containing by admeasurement Fourteen thousand one hundred and eighty six acres more or less and called or known by the name of "The Waiwhakaurunga Block" and is bounded, commencing at the junction of the Hipi Stream with the Waiwhakaurunga Boundaries. river, thence by the Hipi Stream to the junction of the Matata Kahia stream thence by [14,186 acres.] a line two thousand three hundred and ninety links to the brow of a ridge thence by lines on that ridge to Te Totara thence by lines along the Watershed range between the river Tirua and the river Waiwhakaurunga to Tauranikau thence by lines along the Watershed range between Mercury Bay and the river Waiwhakaurunga to the source of the river Waiwawa near Te Tipi thence by the river Waiwawa to the junction of the Otaitoko Stream thence by that stream to a point marked B thence by lines up a ridge to the Watershed range between the river Waiwhakaurunga and Te Puru stream, thence by lines along the Watershed range between the Waiwhakaurunga Te Puru and Tararu streams to Te Hue thence by lines along the Watershed range between the Mangarehu stream and the Waiwhakaurunga river to the Hotoritori stream, thence by that stream to its confluence with the river Waiwhakaurunga thence by the river Waiwhakaurunga to the point of commencement, as the same block of land is more particularly delineated on the plan annexed hereto marked A and colored yellow excepting and reserving however out of and from Reserve excluded. the boundaries hereinbefore set out, All that block of land known as "Opango block" Opango, 1,000 acres. containing by admeasurement one thousand acres more or less (the area of the said Opango block not being included in the area before set out of the Waiwhakaurunga block but is only included in the described boundaries of the same) and also all and singular the sole and exclusive right liberty and privilege of and to the use of all creeks streams rivers watercourses and the water therein and all other water running through or being in or upon or about the said Waiwhakaurunga Block or the boundaries thereof or any of them and also the beds of such creeks streams rivers water courses and water together with full sole and exclusive power and authority to make erect and construct all or any dams flumes races booms and other erections from time to time and at all times during the term hereby granted in upon across along or about the said creeks streams rivers watercourses and water or any of them or the beds or banks thereof in whatever manner and to whatever extent the said grantees, or any of them may think fit, and also the full and free sole and exclusive right and liberty to erect and make buildings and sawpits and all or any other erections of any kind or natures whatsoever in upon or about the said Waiwhakaurunga block And also to make and cut roads and tracks in through and over the said block And also the full and free right liberty and privileges of ingress egress and regress passage and way for them the said grantees and each of them their and each of their executors administrators and assigns and their and each and every of their agents servants and workmen and any other person or persons with their or any of their express or implied authority either on foot or on horseback or with carts sledges and carriages laden or unladen and with all or any other vehicles or vehicle whatsoever either laden or unladen and to drive cattle or other beasts into and upon in through over and along the said Waiwhakaurunga block before mentioned and any and every part thereof, and the said creeks, streams, rivers watercourses and the water therein and other water as aforesaid and any and every of them for the purpose of felling splitting sawing and cutting or otherwise dealing with the said timber trees timber wood firewood bush forest and other similar property before granted and removing the same and for all other purposes uses matters and things whatsoever, And this Deed further witnesseth that for the purpose of felling splitting sawing cutting manufacturing or otherwise dealing with the said timber trees timber wood firewood bush forests and other similar property before granted and removing the same and for all other purposes uses matters and things what page 528soever incidental thereto And also for the consideration aforesaid 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 as tenants in common, All that the said Waiwhakaurunga block as the same is hereinbefore particularly mentioned and described and delineated on the said plan annexed hereto marked A and colored yellow excepting and reserving thereout the said "Opango block" To have and to hold the said block of land and premises hereby granted or expressed so to be together with their and every of their rights and appurtenances unto the said grantees their executors administrators and assigns as tenants in common and not as joint tenants for and during and unto the full end and Lease for 99 years. term of ninety nine years from the day of the date hereof and 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 it is hereby declared and agreed that it shall be lawful for the said Grantors and their heirs from time to time during the term hereby granted to enter upon and cultivate such portions of the said block as shall be arable and fit for cultivation and thereupon to reside and upon the said block to dig gum, and for such purposes to use such timber other than kauri from the said land as may be required for fencing or building on the same. Provided that such entry shall not in any manner interfere with or injure the work of the said Grantees their executors administrators and assigns either directly or indirectly or prevent or hinder them from constructing any further or other works or divert the course of any creek or stream for increase or diminish the supply of water therein, Provided also that the said Grantors or their heirs or any of them shall nor will light or make fires on any part of the demised land except upon such portion as may be in their immediate occupation and wholly enclosed by a fence, And the said Grantors do and each and every of them doth hereby 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 of 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 the peacefully 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 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 and more effectual assuring the premises hereby granted or expressed 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 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 session number two and that the powers in the lessor 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.