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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

Waikare Block (T. Spicer), Bay of Islands District

page 213

Waikare Block (T. Spicer), Bay of Islands District.

This Indenture made the twenty-fourth of December in the year of our Lord One 1839. 24 December.Bay of Islands District. thousand eight hundred and thirty-nine Between Toowangarow Hikateni and Ewarri Independent Chiefs of one of the Native tribes of the Territory of New Zealand Waikare.Thomas Spicer. of the one part and Thomas Spicer of the Bay of Islands in the said Territory of New Zealand Auctioneer of the other part, Whereas the said Toowangarow Hikateni and Ewarri being in their own rights (duly and fully authorised by all the other members of their tribe) empowered to alienate the land hereinafter described and being in quiet possession of the same did in their own name and by consent of the other members of the tribe and according to the laws and customs of New Zealand in and by a certain Instrument in writing bearing date the twenty-first of November One thousand eight hundred and thirty-nine grant bargain sell and alienate unto the said Thomas Spicer and his heirs and for the consideration in the said Instrument set forth all the Land therein mentioned and described situate at the Waikare in New Zealand aforesaid And whereas the said Thomas Spicer is desirous that the said land shall be more perfectly secured to him and hath applied to the said Toowangarow Hikateni and Ewarri aforementioned to regrant and confirm by these presents the said lands and Hereditaments unto the said Thomas Spicer and His Heirs Now this Indenture Witnesseth that in consideration of Ono Hundred and Fifty Pounds in Money and goods in hand well and truly paid and delivered by the said Thomas Spicer before the sealing and Receipt. delivery hereof the receipt whereof and that the same was 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 Toowangarow Hikateni and Ewarri do hereby acknowledge and from the same and every part thereof acquit release and for ever discharge the said Thomas Spicer his Heirs and Assigns and also the said Land Ho the said Toowangarow Hikateni and Ewarri hath given granted enfeoffed and confirmed and by these presents doth give grant enfeoff and confirm unto the said Thomas Spicer and his Heirs All that piece of Land or that tract of ground situate lying and being at Waikare bounded on the South Boundaries. [500 acres.] by Mr. Cook's property, on the N.W by the Kororarika Land Company, in front by the river, and on the back by the Natives and the property of Mr. James Clendon or howsoever otherwise the said Land and premises or any part thereof is bounded situate known or distinguished Together with all Ways Paths Waters Woods Timber or other Trees Mines and Metals and all appurtenances to the said land and premises belonging or in any wise appertaining And all the right and title whatsoever of them the said Toowangarow Hikateni and Ewarri before mentioned respectively in or to the same To have and to hold the said Land hereditaments and premises hereinbefore described and hereby granted enfeoffed conveyed and confirmed or intended so to be with their and every of their rights priviledges advantages and appurtenances whatsoever unto and for the use and behoof of the said Thomas Spicer his Heirs and Assigns for ever And the said Towangarow Hikateni and Ewarri Doth hereby covenant with the said Thomas Spicer his Heirs and Assigns that they the said Toowangarow Hikateni and Ewarri and their respective Heirs do shall and will warrant and for ever defend unto and to the use of the said Thomas Spicer his Heirs and Assigns all the said Land and hereditaments hereby granted enfeoffed and confirmed against them the said Toowangarow Hikateni and Ewarri respectively and their respective heirs and against all and every other person and persons whatsoever claiming the said land and premises or any part thereof And the said Toowangarow Hikateni and Ewarri doth further covenant with the said Thomas Spicer his Heirs and Assigns and declare that according to the custom of the said tribe they the said Toowangarow Hikateni and Ewarri are freely and fully authorised empowered and deputed by the said Tribe respectively in their respective names and on their respective behalves and part to grant enfeoff and confirm unto the said Thomas Spicer and his Heirs and Assigns the Lands and premises aforesaid and to make do and execute these present and all and every other act and deed more fully to confirm unto the said Thomas Spicer his Heirs and Assigns the aforesaid. Lands and hereditaments which now or at any time hereafter may be required or demanded In Witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.

(Signed) Toowangarow x his mark. l.s.
Hikateni x his mark. l.s. Keretahi x his mark. l.s.

Witness to the signatures of Toowangarow and Hikateni—

(Signed) John Weavell.
John Cummins.
R. Scott Buckham.
R. J. Kingman, N.P.
Murupo x his mark.
R. Scott Buckham.
Ki Rangatira x his mark.
R. Scott Buckham, Witness.

True Copy.

Henry Kemp.