Lord's Harbour (Land at), Stewart's Island, Otago District.
1838. 8 December.Otago District.Stewart's Island.(Lord's Harbour.) Edward Brady.This Indenture made the 8th day of December in the year of our
Lord 1838 Between John Touwaick Chief of the Southern end of the Middle Island,
and all the adjacent Islands of the one part and Boundaries. [700 acres.] Edward Brady of Sydney New South Wales of the other part Whereas the said
John Touwaick being chief of the tribe of Kitow in the territory of New Zealand
and having right and authority to alienate the land hereinafter described hath
contracted with the said Edward Brady for the sale to him of the said land for the
price and consideration hereinafter mentioned And the same is now intended to be
enfeoffed and conveyed to the said Edward Brady in manner hereinafter expressed
Now this Indenture witnesseth that in consideration of Goods and Cash, viz. One
cask Rum, One keg Tobacco Twenty pair Shoes Five dozen Shirts One dozen Red Caps
and Twenty Monkey Jackets and Eighteen pounds of Lawful Money of Great Britain in
hand well and truly delivered by the said Edward Brady to the said John Touwaick
before the scaling and delivery hereof the receipt whereof and that the same is in
full for the absolute purchase of the inheritance in fee simple on possession of
the land and hereditaments hereinafter described and intended to be hereby
enfeoffed and conveyed, the said John Touwaick doth hereby acknowledge and from
the same and every part thereof doth acquit release and for ever discharge the
said Edward Barry his Heirs and Assigns and also the said land He the said John
Touwaick Hath given granted and enfeoffed and by these presents Doth give grant
enfeoff and confirm unto the said Edward Brady and his Heirs All that parcel of
land situate lying and being at Lord's Harbour From the first Beach on the South
side to the North West corner of the same extending Fifteen miles inland in a
Westerly direction or howsoever otherwise the said land and premises or any part
thereof is bounded situate known or distinguished Together with all paths waters
woods timber and trees minerals and all appurtenances to the said land belonging
or in anywise appertaining and also all right and title whatsoever of the said
John Touwaick or any of the said tribe of Kitow in or to the same To have and to
hold the said land hereditaments and premises hereinbefore described and hereby
granted enfeoffed and confirmed or intended so to be with their and every of their
rights privileges advantages and appurtenances whatsoever unto and for the use of
the said Edward Brady his Heirs and Assigns for ever And the said John Touwaick
for himself and his heirs doth covenant with the said Edward Brady his Heirs and
Assigns that he the said John Touwaick and his heirs do shall and will warrant and
for ever defend unto and to the use of the said Edward Brady his Heirs and Assigns
All the said land and premises hereby granted and enfeoffed against him the said
John Touwaick and his Heirs and against all and every other person and persons
whomsoever claiming the said land and premises or any part thereof. In Witness
whereof the said John Towick hath hereunto affixed his seal and signature the day
and year first above written.
John Towack.
Signed sealed and delivd. by the said John Towack the same having been
first read over and explained which he seemed perfectly to understand in our
presence—
R. I. Moore.
Ed. Cattlin.
Peaceable possession given. Be it remembered that on the 8th day of Decemr. in the year of our Lord 1838
peaceable and quiet possession and full seizin of the land and hereditaments of
the land within mentioned to be granted and enfeoffed to the within named Edward
Brady was openly had and taken by the within named John Touwack and by him
delivered to the within named William Stirling to hold the same unto and to the
use of the sd. Edward Brady and his heirs according to the purport and true intent
and meaning of the within written indenture in the presence of us whose names are
hereunto subscribed.
John Touwack. R. I. Moore.
Ed. Cattlin.
Receipt. I hereby acknowledge to have received on the day of the date of the within
written Indenture of the within named Edward Brady, One cask Rum, One keg Tobacco
&c. &c. (as before written) being the full consideration within
mentioned to be paid and given to me for the sale and conveyance of the sd. land
and hereditaments within described.
Witness
John Touwack.
R. I. Moore.
Ed. Cattlin.
True copy.
E. Shortland.
No. 47.O.L.C. A True Transcript of Certified Copy of Original Deed.
H. Hanson Turton.
Wellington,
7th August, 1880.