Awarua (Land at), or Bluff Harbour, Otago District.
This Indenture made the 12th day of February in the year of
our Lord 1839 between
1839. 12 January.Otago District.Awarua.James Spencer. John Towack King of the Bluff and Native Chief of the Southern part of the
Middle Island or Tavai Poenammoo New Zealand and resident on the Island of
Roebucki New Zealand of the one part and
James Spencer of the Old Man's Bluff New Zealand aforesaid Merchant and
Trading Master of the other part Whereas the said John Towack being King and 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
James Spencer 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
James Spencer in manner hereinafter expressed Now this
Indenture Witnesseth That in consideration of half a Keg of Tobacco Six Axes Six
Adzes
Consideration. Three pairs of Blankets Four Duck Frocks and Four pairs of Duck Trousers
in hand well and truly delivered by the said
James Spencer to the said John Towack before the sealing and delivery
hereof the Receipt whereof and that the same is in full for the absolute purchase
of the Inheritance in Fee Simple in possession of the land and Hereditaments
hereinafter described and intended to be hereby enfeoffed and conveyed the said
John Towack doth hereby acknowledge and from the same and every part thereof doth
acquit release and for ever discharge the said
James Spencer his Heirs and Assigns and also the said
land the said John Towack hath given granted and enfeoffed and by these presents
doth give grant and enfeoff and confirm unto the said
James Spencer and his heirs All that piece or parcel of
land situate lying and being at the Old Man's Bluff in the Territory of New
Zealand containing by admeasurement one hundred and Sixty Fathoms in front be the
same more or less Bounded by John McGibbon's
Boundaries. [200a. 1r. 24p.] East corner, the North West corner by E. Palmer's land, the back bounded
by the Bluff Hills or howsoever otherwise the said land and premises or any part
thereof is bounded situate known distinguished or described, Together with all
paths Waters Woods Timber and other Trees Minerals and all appurtenances to the
said land belonging or in anywise appertaining and all the right and Title
whatsoever of the said John Towack or any of the said Tribe of Kitow in or to the
same To have and to hold the 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 and behoof of the said
James Spencer his Heirs and Assigns That he the said John Towack and his
Heirs do and shall and will Warrant and for ever defend unto and to the use of the
said
James Spencer his Heirs and
Assigns All the said land and Premises hereby granted and enfeoffed against him
the said John Towack and his Heirs and against all and every other person and
persons whomsoever claiming the said land and premises or any part thereof.
page 426
In Witness whereof the said John Towack hath hereunto affixed his Seal and
Signature the day and year first above written.
John Towack. l.s.
Pitoo. l.s.
Tuaroa. l.s.
Pohatha. l.s.
Ikeltaka. l.s.
Gullita. l.s.
Tukavow. l.s.
Hikoharra x.
l.s.
James Bruce.
Wm. Russell.
W. Hughin.
Peaceable possession given. Be it remembered that on the 12th day of January in the Year of our Lord One
Thousand Eight Hundred and Thirty-nine peaceable and quiet possession and full
seisin of the land and Hereditaments above mentioned to be granted and enfeoffed
to the within named
James Spencer was
openly had and taken by the within named John Towack, and by him delivered to the
within named James Spencer To Hold the same unto and to the use of the said
James Spencer and his Heirs according to
the purport and true intent and meaning of the within written Indenture in
presence of us whose Hands are hereunto subscribed.
James
Bruce.
Wm. Russell.
W. Hughin.
Receipt. I hereby acknowledge to have received on the day of the date of the within
written Indenture of the within named
James
Spencer half a Keg of Tobacco, Six Axes, Six Adzes, Three pairs of
Blankets, Four Duck Frocks, Four pairs Duck Trowsers being the full consideration
within mentioned to be paid and given to me for the Sale and Conveyance of the
said Land and Hereditaments within described.
John
Towack.
Witness—
James Bruce.
William Russell.
W. Hughin.