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.