1874. 16 July.Whaingaroa District.This Deed
made the sixteenth day of July One thousand eight
hundred and seventy four Between Wiremu Patene, Tamaiti Kapua, Epapara te Whao
Huirama Ruitoto Te We Kingi, Ihimaera Mohi te Rongomau and Eruete te Hou
Aboriginal Natives of New Zealand hereinafter called Mortgagors of the one part
and the Honorable Julius Ngatitamainu.
Vogel Colonial Treasurer of New Zealand hereinafter called the Mortgagee
of the other Mortgage.
part Whereas the said Mortgagors are possessed of the lands and
hereditaments hereinafter described as Trustees for the Ngatitaimanu Tribe of
Aboriginal Natives of New Zealand And Whereas the said Tribe requires the Receipt for £350.
sum of Three hundred and fifty pounds and have applied to the New
Zealand Government to advance the same which the said Mortgagee has consented to
do upon the terms and conditions hereinafter contained and implied Now This Deed
Witnesseth that in consideration of the sum of Three hundred and fifty pounds
paid by the said Mortgagee out of the monies the property of the General
Grovernment of New Zealand to the said Mortgagors (the receipt whereof is hereby
acknowledged) They the said Mortgagors do and each of them doth hereby convey
and assure unto the said Julius
as Colonial Treasurer of New Zealand his successors and his and
their assigns All that parcel of land in New Zealand aforesaid containing by
admeasurement Fifteen thousand and forty seven acres Boundaries. [15,047 acres.]
more or less abutting on the Harbour of Whaingaroa and the Waitetuna
River on the West Coast of New Zealand and extending to the River Waipa as shown
on the plan Less Native Reserves. [l,151a. 2r. 0p.]
drawn in the margin hereof edged red and marked Ngatitamainu, Excepting
thereout the two portions fronting the Waitetuna River edged green containing
severally two hundred and ninety five acres (known as Ngutukoiro) and one
hundred and ninety three acres and two roods (known as Wairata) and the three
portions fronting the Waipa Biver marked Ngatitahuaki containing five hundred
and thirty eight acres School reserve containing Twenty five acres and Mill
reserve containing One hundred acres as shown upon the said plan Together with
all the rights and appurtenances thereunto belonging Provided always and it is
hereby expressly agreed and declared by and between the said parties hereto that
the conveyance hereby made is by way of Mortgage only and for the purpose of
securing the repayment of the said sum of Three hundred and fifty pounds on the
first day of July One thousand eight hundred and seventy seven with Interest
thereon in the mean time and until the repayment of the said principal page 617
sum at and after the rate of Five
pounds per centum per annum payable quarterly the first of such quarterly
payments to be made on the First day of October next Provided also that in case
default shall be made in payment of the said principal sum and of all Interest
due thereon on the said First day of July One thousand eight hundred and seventy
seven It shall be lawful for the said Mortgagee and his assigns to exercise the
power of sale vested in Mortgagees by the Nineteenth clause of the Conveyancing
Ordinance number Ten of Session Two in as full and effectual a manner as if the
terms of three months and three months had duly elapsed and the demand and
notice of demand of payment had been duly served as prescribed by the said
clause of the said Ordinance And the said Mortgagors for themselves respectively
and their respective heirs and assigns hereby covenant with the said Mortgagee
and his assigns that they the said Mortgagors will not sell or in any manner
dispose of the land comprised in this security except to the General Government
of New Zealand or attempt to sell or dispose of the same or any part or parts
thereof without the concurrence and consent in writing of the Mortgagee or his
assigns being the parties for the time being Mortgagees of the lands hereby
conveyed or intonded so to be. In Witness Whereof the said parties have hereunto
subscribed their names.
Epapara te Whao x his mark.
Te Wi Kingi.
Mohi te Rongomau.
Erueti te Hou x
Hy. J. Falwassee,
Signed by the said Wiremu Patene Tamate Kapua Epapara te Whao Huirama
Ruitoto Te Wi Kingi, Moho te Rongomau and Erueti te Hou in the presence of us—
W. Harsant, R.M.
This deed, having been read over and fully explained by Mr. Falwasser,Licensed
Interpreter, was signed in my presence, at Raglan, this 16th day of July,
W. Harsant, R.M.
—Ihimera Iriura, being absent when the other Natives
signed this Deed, signed it in our presence at Raglan, this 3rd day of August,
1874, the Deed being fully translated and explained to him by Mr. Falwasser.
W. Harsant, R.M.
Received for Registration at 2 p.m.
12 Augst. 1874.
A True Copy of Original Deed, Translation, and Endorsement.
H. Hanson Turton.
July 19th, 1875.