Whakapatu Block, Foveaux Strait, Otago District.
1838. 31 October.Otago DistrictWhakapatu.This Indenture made the 31st day of October in the Year of our
Lord 1838. Between John Towack of Obooka in New Zealand Chief of the one part and
George Green of Sydney in the Colony of New South Wales Boat Builder of the other
part Whereas George Green. the said John Towack is seized in his Demesne as of Fee or otherwise well
and justly entitled to the Land premises and hereditaments hereinafter mentioned
And Whereas the said George Green hath contracted and agreed to and with the said
John Towack for the absolute purchase of the same at or for the price or sum of
Twenty pounds ten shillings Now this Indenture Witnesseth that for and in
consideration of the said sum of Twenty pounds ten shillings by the said George
Green to the said John Towack in hand well and truly paid at or immediately before
the Sealing and Delivery of these presents the receipt whereof is hereby
acknowledged he the said John Towack hath granted bargained sold released and
confirmed and by these presents doth grant bargain sell release and confirm unto
the said George Green (in his actual possession now being by virtue of a Bargain
and Sale for one year to him thereof made in consideration of Five shillings by
the said John Towack and bearing date the day before the date of This Indenture)
and to his heirs All that piece or parcel of land containing by estimation about
twenty thousand acres more or less situate at Kowokkapittapit Bay in New Boundaries. [20,000 acres.] Zealand bounded by the said Bay twelve miles and bounded on the East side
by John Jones' Land terminating at Orooka point and on the West side by Mr.
White's Land terminating at Arou Whinea point both which points form the extreme
ends of the said Bay And all the appurtenances to the same belonging or in any
wise appertaining And the Reversion and Reversions Remainder and Remainders and
all the Rents issues and profits thereof To have and to hold the same and every
part and parcel thereof unto the said George Green his heirs and assigns and to
the use of the said George Green his heirs and assigns for ever And the said John
Towack for himself and all persons claiming under him hereby covenants that he the
said John Towack has full power and authority to convey and dispose of the said
hereinbefore described Land and premises and that neither he nor any person for
him or on his behalf has done anything to encumber the said Land and prevent him
from making an absolute Conveyance of the same And the said John Towack further
covenants that it shall be lawful for the said George Green his heirs and assigns
at all times hereafter to enter into and upon the said land and the same to
possess and enjoy without any hinderance from or by the said John Towack or any
person claiming or to claim by from through or under him And that in case it
should be necessary at any future time he the said John Towack his heirs and
assigns shall make do and execute such other conveyances deeds and assurances for
completely securing the said Land to the said George Green as the said George
Green his heirs and assigns may require In witness whereof the said parties to
these presents have hereunto set their hands and seals the day and year first
hereinbefore written.
Signed. John Towack. L.S.
Signed Sealed and Delivered having been first read over and explained to the said
John Towack in the presence of—
Signed. James Martin.
Received the day and year first above
written from the within named George
Receipt for £20 10s. Green the sum of Twenty Pounds ten shillings (£20 . 10 . 0) being the
consideration within mentioned to be paid by him to me.
John Towack. Signed.
(The Moko or Sign Manual of
John Towack.)
Witness—
James Martin. Signed.
We the undersigned John White John Tyroa
Toby Patrick and Ariroa Principal Chiefs of New Zealand do severally declare to
all whom it may concern that the foregoing Deed of Transfer conveying Land from
John Towack our principal chief has our entire approbation. In Witness whereof we
have set our hands.
John White.
Toby Patrick.
John Tyroa.
Ariroa.
Witness—
John Hesketh.
Received into the Registrar's Office this 4th day
of February 1840, at One O'clock
Registration. in the Afternoon from G. L. Poignand a Memorial of a Lease and Release from
John Towack to George Green certified by G. L. Poignand and numbered 750 Seven
hundred and fifty. B2.
Signed Alfred Elyard.
A True Transcript of Certified Copy of Original Deed. No. 3.O.L.C.
H. Hanson
Turton.
Wellington, 8th
March 1881.