Translation.
1831. 1 June.Bay of Islands District. Memorandum of Sale and Purchase of land situated in the Bay of Islands,
New Zealand, right title and interest sold by the several Natives whose names are
hereunto affixed on the one part, and purchased by one Gilbert Mair on the other part, Witnesseth, Te Wahapu. That whereas the said Gilbert
Mair shipbuilder by trade, or and from the town or Gilbert Mair. place called Perhead of Scotland in and of the United Kingdom of Great
Britain and Ireland, whereof King William the fourth by the Grace of God is now
King and to whom the said Gilbert
Mair is a true and loyal subject: acknowledging fealty and subjection to
the said King William the fourth and his lawful representatives, his heirs or
successors, or their representatives, and to no other person or persons
whatsoever, declareth that being desirous to settle and occupy land and
possessions for the lawful carrying on of his trade or calling and all or any
other matters of trade and business in the aforesaid Bay of Islands or other parts
of New Zealand by whatever name known, and to occupy the said lands and carry on
the said trades or business under the protection of the said King William the
fourth or his successors or representatives for the [350 acres.] time being, has agreed to purchase, and by these presents has purchased
certain lands herein after specified upon payment of the several goods or articles
also herein after specified: And the said goods or articles have been paid as full
and entire satisfaction to the several parties whose names and marks are hereunto
affixed; and the said parties do hereby acknowledge to have received the said
articles set opposite to their respective names as good full and entire
satisfaction for the said lands and for all claims or demands of whatsoever nature
now or hereafter to be set up for or upon the said lands from any of themselves,
or any relatives successors or assigns of any of the said parties or any other
person presuming to set up any claim or claims to the said land or possessions,
That is to say, to—
Te Toru. | One Musket, one Cask of Powder, one Spade, Ten pounds of Tobacco, twelve pipes. | For the land or point having a rock lying off called Motu Kahakaha, bounded carrying a line South on the top of the hills or ridges to a line bearing West from the head of a Creek or Swamp called Rua Mokomoko, the said line being the East boundary to all the possessions and running along the sea on the North front till joining Waipara. |
Kokowai. | ||
Kapotai. | ||
Haututu. 4 Natives of New Zealand. | ||
To Hamu, Native. | One Musket, one Spade, one Hoe, one iron pot, one Hatchet, ten pounds tobacco, twelve pipes, one hundred flints, two Scizzors, one Blanket, ten pounds Powder, two hundred Musket Balls. | For the land or place called Waipara and the land or island called Tore-Tore, bounded on the East by the aforesaid land or point called Motu Kahakaha. The North fronting the Bay and running along the sea to the West to the point facing the island or place called Tore Tore and joining the same at low water. And the said Tore Tore being bounded in every other direction by the water being the Eastern extreme point of the Mouth of the Kawakawa river and is included and sold with the said place called Waipara without any reservation whatsoever.page 79 |
To Taratikitiki, Native. | One Musket, one Hoe, one Spade, one Hatchet, ten pounds Tobacco, twelve pipes, ten pounds powder, two scizzors, two hundred balls, fifty flints. | For the land or place called Heiawa joining the aforesaid Waipara at point fronting the Tore Tore, and bounded by the water running South to the next point joining the place called Wahapu. |
To Hoia, Native. | One Musket, one Spade, one Hoe, one Hatchet, ten pounds tobacco, twelve pipes, two scizzors, two hundred balls, fifty flints, one iron pot. | |
To Hiamoe, Native. | One Musket, one cask powder, one iron pot, one Hoe, one Spade, one Hatchet, two hundred balls, ten pounds tobacco, twelve pipes, two Scizzors, one hundred flints. | For the land or place called Wahapu joining Heiawa to the North and continuing bounded by the water to the West running to the South to a rock isolated at high tide and joining to a place called Kumaratahi. |
To Pukututu, Native. | One Musket, one cask powder, one Spade, one Hoe, one iron pot, two hundred balls, ten pounds, tobacco, twelve pipes, one hundred flints, two Scizzors, one Hatchet. | For the two places called Kumaratahi and Kohekohe the said Kumaratahi joining Wahapu to the North and continuing bounded by the water front running to the South to a small creek and Mangrove Swamp and there joining Kohekohe and the said Kohekohe continuing, the water front South to a creek in the middle of the large Mangrove Swamp and called Rua Mokomoko, and continuing along the top of the ridges or Hills running to the South from the point or rock called Motu Kahakaha. The last mentioned two lines being the South and East boundary of the said lands or possessions, and the said lands joining each other, and the aforesaid island or place called Tore Tore at low water, and bounded on the North and West by the sea water. |
Receipt. And the said several parties hereby acknowledge just and truly and
lawfully to have received from the aforesaid Gilbert Mair, and from no other person the several articles as before
specified as full and sufficient payment for the said lands or possessions, and
the said several parties hereby make over and give up every right claim or title
they or their relatives, heirs, successors or assigns have, or could have ever
had, to the said Gilbert Mair his
heirs successors or assigns or their assigns, to the said land or possessions: And
the said Gilbert Mair has hereby
acquired the sole right title and interest in and to the said lands or
possessions, And the said Gilbert
Mair can and may without let or hindrance, occupy, cultivate, build upon,
or alienate the whole or any part of the said lands or possessions in the same
manner and to the full extent of the custom or laws observed in the country of the
said Kingdom of Great Britain and Ireland. And the said Gilbert Mair has hereby acquired in the fullest extent
or manner the right to call upon the said King William the fourth, his heirs,
successors, or representatives, or their heirs, successors or representatives to
protect the said Gilbert Mair, with
all his power and might in the possession of the said lands or occupations thereon
against any other British subject or any other person or persons, whether Natives
of this country or otherwise, And the said claims rights and possessions are
secured to the said Gilbert Mair his
heirs successors or assigns, or their heirs successors or assigns to the full
extent that the aforesaid Natives, their relatives, heirs, successors or assigns
could or would have had in themselves notwithstanding any law or custom whether of
Great Britain or New Zealand. And this agreement has been translated and the
several names both of possessions and persons spelt and expressed according to the
orthography and manner of the Church Mission Society of Great Britain now residing
at this place, the same being the best known mode and translation, and the said
translation hereof has been read and made known to the said several Natives of New
Zealand who have sold and disposed of the said possessions or lands to their full
and entire satisfaction, and their several marks or signatures have been truly and
fairly obtained in consideration of the payment of the several articles specified
herein, and not by any deceit fraud force or collusion. In Witness whereof the
said parties to these presents have signed or affixed their several marks hereto
this First day of June in the year of our Lord Jesus Christ One thousand eight
hundred and thirty-one. The same being done and intended according to the true
spirit and meaning hereof notwithstanding any flaw or faults page 80therein and dated according to the custom of Great
Britain there being no seals or authorities duly authorised thereto at the present
time in this country of New Zealand.
[Signatures.]
[Witnesses.]
Translation.
Henry Tacy Kemp, Interpreter.