Aputara Block, Kororareka, Bay of Islands District.
1840. 20 June.Bay of Islands District.This Indenture made the twentieth day of June, in the year of
our Lord One thousand eight hundred and forty Between Jules Augusten Duvauchelle
of Kororarika, Bay of
Aputara.J. A. Duvauchelle. Islands in New Zealand Gentleman of the one part and John Nicholas of the
same place Carpenter of the other part. Whereas the said Jules Augusten
Duvauchelle being seised in his demesne as of fee of the lands and hereditaments
herinafter described hath contracted with the said John Nicholson for the sale to
him thereof at the
Consideration. sum of Eighty-two Pounds Now this Indenture witnesseth that for and in
consideration of the sum of Eighty-two pounds of lawful money of Great Britain to
the said Jules Augusten Duvauchelle in hand well and truly paid the said John
Nicholson at or immediately before the sealing and delivery of these presents (the
receipt whereof and that the same is in full for the absolute purchase of the
inheritance in fee simple in possession of the lands and hereditaments hereinafter
described the said Jules Augusten Duvauchelle doth hereby expressly acknowledge)
He the said Jules Augusten Duvauchelle hath given granted and enfeoffed and by
these presents doth give grant enfeoff and confirm unto the said John Nicholson
and his heirs All that piece or parcel of land situated at
Boundaries. Kororarika aforesaid Bounded on the North by reserved land for an intended
street to
page 219be called Prince's Street,
forty feet: on the West by the land of Thomas Spicer One hundred and seventy-six
feet: on the South by the Beach seventy feet: and on the East by the land of —
Brown One hundred and six feet to the land of — Trainer and by the land of the
said — Trainer to Prince's Street aforesaid Fifty-three feet (as the same is
delineated on the Plan or sketch thereof drawn at the foot of these presents)
being part and parcel of the land known by the name of Aputa or Aputada which by a
certain Deed or Instrument in writing under the hands and seals of Ahongi Ahoki
and Atoko therein described as Native Chiefs belonging to Oputada bearing date the
sixth day of November, One thousand eight hundred and thirty-eight was for the
consideration therein mentioned sold and conveyed to Benjamin Evans Turner who by
Indenture bearing date the 13th day of December 1839 sold and conveyed the same
unto and to the use of the said Jules Augusten Duvauchelle his heirs and assigns
for ever Together with all ways paths passages waters watercourses rights
privileges advantages members and appurtenances to the same hereditaments and
premises belonging or in any wise appertaining And the reversion and reversions
remainder and remainders of and in the said hereditaments and premises and the
rents issues and proceeds thereof And all the estate right title interest property
claim and demand whatsoever of him the said Jules Augusten Duvauchelle in to or
respecting the said hereditaments and premises or any part thereof To Have and to
Hold the said piece or parcel of land hereditaments and premises hereinbefore
described with their and every of their rights members and appurtenances and all
and singular other the premises hereinbefore granted enfeoffed and confirmed or
otherwise assured or intended so to be unto the said John Nicholson his heirs and
assigns henceforth and for ever. And the said Jules Augusten Duvauchelle for
himself his heirs executors and administrators doth hereby covenant grant and
declare that he and they shall and will warrant and for ever defend unto and to
the use of the said John Nicholson his heirs and assigns all and every the said
lands hereditaments and premises against him the said Jules Augusten Duvauchelle
and his heirs, and against all and every person and persons now or hereafter
lawfully or equitably entitled to the said hereditaments and premises or any part
thereof or any estate or interest therein from through under or in trust for him
them or any of them or by or through his or their or any or either of their
default means or procurement And further that he the said Jules Augusten
Duvauchelle his heirs and assigns shall and will from time to time and at all
times hereafter (unless prevented by Fire or other inevitable accident) upon every
reasonable request in writing and at the expense of the said John Nicholson his
heirs and assigns produce and show forth to the said John Nicholson his heirs and
assigns or to his or their Counsel Solicitor or others at or upon any trial
hearing commission or examination of Witnesses or to any Arbitrators or Umpire
lawfully appointed to be inspected perused pleaded or given in Evidence as may be
requisite, and upon or for every or any other proper or reasonable occasion or
purpose the said two several hereinbefore mentioned Deeds and also all and every
other Deeds muniments and writings (if any) which relate unto or in any manner
affect the hereditaments and premises mentioned or intended by these presents to
be granted and enfeoffed which now are or hereafter shall or may be in the custody
or lawful power of him the said Jules Augusten Duvauchelle his heirs or assigns or
which he or they can or may procure without suit at law or in Equity for the
manifestation support defence or justification of the possession estate right
title or interest of the said John Nicholson his heirs or assigns of in to or
respecting the said hereditaments and premises or any part of them or any part
thereof. In Witness whereof the said parties to these presents have hereunto set
their hands and seals the day and year first above written.
Signed sealed and delivered in the presence of—
P. Abercrombie.
W. C. Hayes.
John Yandall.
J. A. Duvauchelle.
Be it remembered that on the day
and year first above written peaceable and quiet
Peaceable possession delivered. possession and full seisin of the lands and hereditaments above mentioned to
be granted and enfeoffed to the above named John Nicholson and his heirs were
openly had and taken by the above named Jules Augusten Duvauchelle and by him
delivered to the said John Nicholson to the use of the said John Nicholson and his
heirs according to the purport and true intent and meaning of the above written
Indenture in the presence of us whose names are hereunto subscribed.
W. C. Hayes.
P. Abercrombie.
John Yandall.
Received on the day of the date of the above written Indenture of and
from the
Receipt for £82. above named John Nicholson the sum of Eighty-two Pounds (£82) being the full
consideration money above mentioned to be paid by him unto me.
J. A. Duvauchelle.
Witness—
W. C. Hayes.
P. Abercrombie.
John Yandall.
A True Copy of Original Deed.No. 327.O.L.C.
H. Hanson
Turton.
Wellington,
8th July, 1879.