.gif)
Deed Enclosure 2 in No. 355.
Interests of Maihi and Wiremu
Ngawhare in same Block.
This Deed made the twelfth day of April one thousand eight
hundred and seventy 1873. 12 April.Coromandel District. three, Between Maihi Te Hinaki and Wiremu Ngawhare Te Hinaki, Both of
Mercury Bay in the district of Coromandel, Queens, County Province of Auckland
and Colony of New Zealand aboriginal Natives of New Zealand for themselves their
and each of their heirs Kaimarama.Timber Lease to Mercury Bay Saw-Mill Company. and assigns (hereinafter called the Lessors) of the one part and the
Mercury Bay Saw Mill Company Limited for themselves and their successors and
assigns (hereinafter called the Lessees) of the other part, whereas the Lessors
are inter alia the owners of the land hereinafter described
and have agreed with the Lessees for the sale of the standing fallen and growing
timber and bush upon the said land for the price or sum of Two hundred and
twenty pounds and to enable the said Lessees to get cut carry away and remove
the same or manufacture or otherwise use the said timber as they may deem
advisable have agreed to enter into these presents and grant the Lease of their
interests in the said land hereinafter contained Now this Deed witnesseth that
in consideration of the rent hereinafter reserved and of the covenants
conditions and agreements herein contained and implied by the conveyancing
ordinance of New Zealand Number Ten of session Number two and on the part of the
Lessees to be paid observed and performed and also in consideration of the sum
of Two hundred and twenty pounds to the Lessors in hand paid the Lessees (the
receipt whereof is hereby acknowledged) Receipt for £220. They the said Lessors do and each of them doth hereby demise and lease
unto the said Lessees their successors and assigns, all that the estate right
title and interest of them the said Lessors of in and to all all that piece or
parcel of land at Whitianga in the District of Coromandel, Province of Auckland
aforesaid containing Eight thousand three hundred acres more or less and called
or known by the name of Kaimarama, Bounded Boundaries. [8,300 acres.] towards the North by lines Three hundred links, Six hundred and forty
three links and Four hundred and sixty links, by the Waiparapara Creek, the
Whangamaroro river by a line two thousand five hundred and twenty two links, by
the Whangamaroro block nine hundred and forty one links, a line one thousand one
hundred and eighty eight links, again by the Whangamaroro river and by Te Ano
block, Two thousand two hundred and ninety links, towards the East by the
Whitianga river, towards the South East by lines one thousand one hundred and
sixty three links, one thousand and sixty two links, and one thousand one
hundred and seventy three links, the Ounuora number one block one thousand three
hundred and sixty two links, eight hundred and sixteen links, one thousand one
hundred and twelve links, one thousand one hundred and sixty links, Eight
hundred and eighty two links, one thousand seven hundred and sixty nine links by
a line crossing the Owhero branch of the Whitianga river aforesaid Two thousand
one hundred and ninety links, again by the Ounuora number one block nine hundred
and forty links, Six hundred and thirty one links, and One thousand and seven
links, by the Ounuora block Two thousand three hundred and thirty six links,
Five hundred and fifty three links, and two hundred and fifteen links, again by
the Ounuora No. one block Three hundred and eighty seven links six hundred and
sixty five links, eight hundred and twenty six links, One thousand one hundred
and forty four links, Five hundred and seventy eight links, One thousand and
sixty one links, One thousand and seventy links, Five hundred and seventy nine
links, Five hundred and forty seven links, One hundred and ninety one links, Two
hundred and eighty five links One hundred and forty six links, One hundred and
seventy seven links, Two hundred and ninety one links, One hundred and ninety
links, Two hundred and fifty six links, Seven hundred and twenty five links, Two
hundred and sixty one links Two hundred and seventeen links, Two hundred and
thirty seven links, Three hundred and fifty eight links, Three hundred and
ninety five links, Three hundred and eighty links, Two hundred and forty eight
links Two hundred and eighteen links; One hundred and ninety eight links, Two
hundred and ten links, One hundred and thirty three links, Two hundred and sixty
eight links, Three hundred and ninety links, Four hundred and seventy links,
Seven hundred and thirty one links, Three hundred and fifty five links, Two
hundred links, Four hundred and sixteen links, Three hundred and five links,
Three hundred and six links, Two hundred and thirteen links, Six hundred and
thirty nine links, One hundred and nineteen links, Two hundred and thirteen
links, one hundred and ninety seven links One hundred and sixty five links, Two
hundred and seventy links, Four hundred and twenty links, Two hundred and thirty
one links, Three hundred and one links, Two hundred and eighty nine links, Two
hundred and ninety six links, Four hundred and ninety three links, Three hundred
and eighty eight links, One hundred and ninety one links, Three hundred and
forty five links, Three hundred and two links, Three hundred and fifty seven
links, Two hundred links, Four hundred and fourteen links, Three hundred and
twenty one links, One hundred and six links, Two hundred and ten links, page 454
Two hundred and thirty nine links,
Four hundred and sixty four links, One Hundred and fifty nine links, Two hundred
and; twenty two links, One hundred' and forty seven links, Three hundred and
twenty eight links, One hundred and ninety six links, Two hundred and thirty
links, Three hundred and forty two links, Two hundred and twenty six links,
Three hundred and twelve links, Three hundred and fifty two links, One hundred
and seventy five links, One hundred and ninety four links, Nine hundred and
eighty nine links, one hundred and seventy one links, Two hundred and fifty
three links, Two hundred and forty five links, Two hundred and twenty eight
links, One hundred and forty links, one hundred and forty links, One hundred and
seventy eight links, One hundred and forty three, Three hundred and seven links,
One hundred and ninety seven links, Two hundred and eighty six links, One
hundred and twenty three links, Two hundred and ninety links, One hundred'and
forty five links Two hundred and forty eight links, Three hundred and thirty
links, One hundred and ninety eight links, One hundred and eight links, Eighty
two links, One hundred and fifty links, One hundred and eighty four links, One
hundred and twenty seven links, Three hundred links, Two hundred and seventy
five links, Three hundred and eight links, Four hundred and eighty eight links,
Two hundred and sixty one, Three hundred and twenty nine links, One hundred and
fifty six links, Two hundred links, One hundred and sixty six links, One hundred
and forty two links, Two hundred and sixteen links, One hundred and thirty four
links, Four hundred and ninety seven links, One hundred and seventy six links,
Two hundred and twenty two links, One hundred and sixty four links, One hundred
and thirty two links, Two hundred and seventy one links, Two hundred and sixty
two links, Two hundred and twenty five links, three Hundred and twenty two
links, One. hundred and ninety four links, Three hundred and fifty five links,
Four hundred and forty five links, One hundred and thirty four links, Three
hundred and seventy five links, Four hundred and twenty two links, Two Hundred
and forty-links, Three hundred and thirteen links, Two hundred and twenty two
links, three hundred and six links, Five hundred and fifty six links, Three
hundred and thirty seven links, Three hundred and thirty five links, Two hundred
and sixty two links, One hundred and eighty links, Five hundred and fifty two
links, One hundred and forty links, One hundred and eighty links, Two hundred
and forty three links, One hundred and forty links, One hundred and ninety
links, Two hundred and thirty two links, Three hundred links, Two hundred and
forty nine links, One hundred and seventy five links, Two hundred and fifty four
links, One hundred and ninety eight links One hundred and fifty eight links
Three hundred and seventeen links, Two hundred and one links, Two hundred and
twenty five links, Three hundred and seventy nine links, One hundred and eighty
nine links, Two hundred and fifty links, Two hundred and twelve links, One
hundred and eighty six links, One hundred and eighty seven links, One hundred
and ninety nine links, Two hundred and seventy two links, One hundred, and
twenty six links, Ninety four links, Two hundred and twenty seven links, One
hundred and eighty three links, Two hundred and eighty six links, One hundred
and sixty seven links, and one hundred and twenty six links, by lines Two
hundred and fifteen links, Seven hundred and ninety five links, Three hundred
and seventy links, One hundred and seventy five links, Three hundred and seventy
eight links, Six hundred and thirteen links, Four hundred and sixty eight links,
One hundred and fifteen links, Eighty links, Three hundred and seventy two
links, One hundred and thirty three links, One hundred and six links, One
hundred and, fourteen links, One hundred and sixty links, Two hundred and
seventeen links, Four hundred and seventy three links, Two hundred and thirty
six links, One hundred and twenty five links, Two hundred and twenty five links,
One hundred and thirty links, Two hundred and sixty five links, Nine hundred and
six links, and four hundred and fourteen links, towards the South and South West
by lines, Two hundred and thirty links, Three hundred and fifty links, One
hundred and Eighty two links, Two thousand links, One hundred and eighty three
links, Four hundred and eighty six links, Two hundred and forty nine links,
Three hundred and fifty six links, Six hundred and five links, One hundred and
ninety four links, Three hundred and ninety links, Seven hundred and ninety five
links, Three hundred and ninety five links, Four hundred and thirty nine links,
Three hundred and five links, Three hundred and seventeen links, Two hundred and
eighty one links, Four hundred and one links, Two hundred and thirty nine links,
Six hundred and thirty seven links, Four hundred and ten Hnks, Two hundred and
seventy four, links, Three hundred and ninety links, Three hundred and twenty
six links, Two hundred and. sixty six links, Three hundred and fourteen links,
Two hundred and forty four links, Eight hundred and seventy nine links, Four
hundred and ninety four links, Seven hundred and ninety seven links, Two hundred
and fifty seven links, Six hundred and eighty five links, One thousand seven
hundred and eighty six links, Five hundred and forty one links, One hundred and
forty nine links, Six hundred and twelve links, and One hundred and eighty five
links, Four hundred and two links, Two hundred and fifty six links, Eight
hundred and eleven links, Two hundred and ninety links, Four hundred aud forty
five links, One hundred and ninety links, Four hundred and forty five links, Two
hundred and fifty eight links, Two hundred and ninety one links, One hundred and
forty six links, Four hundred and twenty one links, Five hundred and fifty
links, One hundred and twenty five links, and Three hundred and twenty links,
and towards the North West by the Mahakirau block one hundred and thirty nine
links, Four hundred and twenty seven links, Seven hundred and eight links,
Eighty nine links, Fifty two links, Seven hundred and ninety six links, Two
hundred and forty three links, Two hundred and seventy nine links, One hundred
and sixty eight links, Three hundred and page 455
thirty three links, Five hundred and sixty nine
links, Two hundred and twenty eight links, One hundred and fifty eight links,
One hundred and ninety six links, Two hundred and thirty three links, Three
hundred and ninety nine links, Three hundred and twenty four links, Two hundred
and forty nine links, Three hundred and thirty seven links, One hundred and four
links, Four hundred and eighty four links, One hundred and eighty two links,
Three hundred and eighty nine links, Four hundred and ninety six links, Three
hundred and sixty nine links, Six hundred and thirty links, Two hundred and
twenty three links, Two hundred and eighty two links, Three hundred and sixty
eight links, One hundred and ninety one links, One hundred and seventy three
links, Three hundred and twenty links, Five hundred and thirty eight links,
Ninety two links, One hundred and two links, Two hundred and seven links, Five
hundred and fifty nine links, Two hundred and seventy three links, Five hundred
and twenty nine links, One hundred and seventy nine links, Two hundred and
ninety six links, Two hundred and Eighty one links, Ninety four links, Six
hundred and twenty one links, One hundred and sixty two links, Seventy three
links, Three hundred and thirty links, One hundred and eighty eight links, One
hundred and fifty three, links, Six hundred and thirty links, Two hundred and
forty seven links, One thousand five hundred and sixty seven links, Two hundred
and seventy two links, Two hundred and twenty links, Seven hundred and sixty
links, Five hundred and fifty four links, Four hundred and thirty three links,
Three hundred and twenty three links, Four hundred and seventy links, Four
hundred and fifty eight links, Two hundred and forty two links. Seven hundred
and sixty six links, One hundred and ninety four links Four hundred and thirty
five links Five hundred and ten links, Five hundred and eighty two links, Two
hundred and forty links, One hundred and thirty one links, Two hundred and
twenty links, One hundred and ninety three links, Two hundred links, Two hundred
and seyenty five links, Four hundred and six links, One hundred and eighty seven
links, Two hundred and fifty seven links, Two hundred and eighty links, One
hundred and twenty six links, One hundred and fifty two links, Four hundred and
fifty links, One hundred and forty seven links, Seven hundred and fifty three
links, Two hundred links, Two hundred and thirty six links, One hundred and
thirty eight links, One hundred and fifty seven links, One hundred and eighty
seven links, One hundred and seven links, Five hundred and thirty two links,
Three hundred and thirty six links, One hundred and fifty two links, Two hundred
and eighty six links, Eighty eight links, One hundred and ninety six links, Two
hundred and fifty eight links, Eight hundred and twenty links,, One hundred and
ninety six links, Three hundred and seventy links, Four hundred and seventy
eight links, One hundred and eighty eight links, One hundred and ninety links,
Three hundred and sixty links, Two hundred and thirty nine links, One hundred
and fifty five links, Three hundred and sixty links, One hundred and sixty
links, and Two hundred and fifty three links, by lines, Four hundred and twenty
two links, Three thousand one hundred and fourteen links, Two thousand one
hundred and ninety four links, One thousand eight hundred and fifty four links,
Eight hundred and ninety eight links, Two hundred and twenty two links, Seven
hundred and forty links, Four hundred and seventy four links, Eight hundred and
ninety five links, Four thousand two hundred and ninety eight links, and nine
hundred and fifteen links, by the Mahakirau Creek by a stream and again by lines
One hundred and ninety nine links, Two. hundred and thirty six links, Three
hundred and fourteen links, Four hundred and eight links, Two hundred and twenty
nine links; Two hundred and seventy links, Three hundred and seventy four links,
Two hundred and fifty one links, Seven hundred and forty nine links, Two hundred
and eight links, Two hundred and fourteen links, Two hundred and three links,
Three hundred and sixty nine links, Three hundred and eighteen links, Three
hundred and three links, Two hundred and forty two links, Four hundred and
thirty four links, Two hundred and thirty seven links, Three hundred and eighty
six links, Two hundred and thirty six links, and one hundred and ninety three
links, as delineated by the plan drawn hereon Together with the rights members,
and appurtenances thereunto belonging To hold the same unto the said Lessees
their successors and assigns for the term of ninety nine years Lease for 99 years. from the tenth day of October One thousand eight hundred and seventy
Yielding and paying yearly during the said term the annual rent or sum of five
shillings if and when demanded and the said Lessors do and each of them doth
hereby grant unto the said Lessees their successors and assigns the exclusive
right license liberty authority and power to cut down all kauri timber trees
upon the said land and also to cut down such other trees as shall be necessary
for clearing the said land or for erecting any machinery manufacturing any
implements or constructing any buildings or works, which they may require for
the purposes of this business and the same or any of them to remove consume
manufacture and make use of in such manner as they shall think fit and also to
make all or any paths roads and tramways that they require and to dig saw pits
erect saw mills and other buildings to make watercourses and dams and to use
exclusively all waters watercourses rivers or streams on the said lands and to
erect booms and dams thereon and do all such other acts matters and things as
may be necessary for the carrying on of their said business. Provided always and
it is hereby agreed by and between the parties hereto that it shall and may be
lawful for the Lessors their heirs or assigns and all other persons by them
lawfully authorized in writing from time to time and at all times during the
term hereby granted to enter upon the said lands for the purpose of gum digging
and all other purposes save and except the purposes for which the said Lessees
require the said lands and premises as hereinbefore specified, Provided that
such entry shall not in any manner interfere with or injure the works of page 456
the said Lessees 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 or increase or diminish the
supply of water so required by them and it is hereby expressly declared and
agreed by and between the said parties hereto that the covenants powers and
conditions on the part of the Lessees implied in leases of land under the
conveyancing ordinance of New Zealand Number Ten of Session Two, Save and except
the covenant by the said Lessees to pay the said rent if demanded shall not be
implied herein but the same shall be and are hereby expressly negatived. In
witness whereof the said Lessors have hereunto subscribed their names and the
said Mercury Bay Saw Mill Company Limited have caused their common seal to be
hereon impressed and two of the directors have hereunto subscribed their names
and on behalf of the said Company. Signed by the said Maihi Te Hinaki and Wiremu
Ngawhare Te Hinaki the same having first been read over interpreted and
explained to them in the presence of W. J. Young Licensed Interpreter and Uriah
Glover, settler of Coromandel.
.gif)
.gif)
.gif)
Maihi Te Hinaki.
Wiremu Ngawhare Te
Hinaki.
5751 Stamp 2/6
April 24,'73.