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Maori Deeds of Old Private Land Purchases in New Zealand, From the Year 1815 to 1840, with Pre-Emptive and Other Claims

Awarua (Land at), or Bluff Harbour, Otago District

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.