Mutu Kiore Block, Pukeatua, Hokianga District.
This Indenture made and entered into this 8th day of February
in the year of our Lord
1839. 8 February.Hokianga District. 1839 Between Eperro a Native Chief of the
Mutu Kiore.A. and T. Birch. River Waima Hokianga New Zealand and Nakahi Native Chief of the River
Waima Hokianga in New Zealand aforesaid of the one Part and Thomas Birch Senior on
account of his Sons Abraham Birch and Thomas Birch Junior all of Hokianga in New
Zealand aforesaid of the other Part, Whereas the said Eperro and the said Nakahi
was possessed of or well entitled to a certain piece or parcel of land hereinafter
particularly described, and whereas the said Thomas Birch Senior Hath contracted
with the said Eperro and the said Nakahi for the purchase thereof For and on
account of his said named sons Abraham Birch and Thomas Birch Junior for the
following property viz. 1 Blanket 2 Double barrel Fowling Pieces 1 Cask of Powder
weighing 50 pounds 28 lbs. Shot 1 double Shot Belt and 1 Powder Flask But as no
conveyance hath yet been made he the said Thomas Birch Senior hath requested that
the same may be in manner hereinafter mentioned Now this Indenture witnesseth that
in pursuance of the said agreement and for and in consideration of the
undermentioned goods viz. 1 Blanket &c. (as before named) to the said
Eperro and the said Nakahi hereby well and truly paid by the said Thomas Birch
Senior for and on account of his sons the said Abraham Birch and Thomas Birch
Junior the receipt
Receipt. whereof the said Eperro and the said Nakahi Doth hereby acknowledge They
the said Eperro and the said Nakahi Hath bargained sold and assigned and by these
presents Doth sell and assign unto the said Abraham Birch and Thomas Birch Junior
their executors administrators and assigns All that piece or parcel of land
situate lying and being on the River Hokianga in New Zealand aforesaid and known
by the name of Mntu
Boundaries. [300 acres.] Kiore and bounded in front by the River Hokianga Commencing at a place
called Wai Koudie and running from thence to a spot or place up the Creek where
there is a small stream known by the name of the Rue and from the last mentioned
place by a line running along the ridge of the hill named Puki Atua to the before
named place Wai Koudie which constitutes the back line of the said lands, and on
the lower side by a right line from Wai Koudie enterior to the above named hill
Together with all and singular houses buildings gardens yards fences ways paths
passages waters watercourses rights profits advantages emoluments and
appurtenances to the said piece or parcel of land belonging or in anywise
appurtaining or therewith or with any part thereof now or hereafter holden
occupied or enjoyed as part parcel or member thereof And to have and to hold the
said piece or parcel of land and other the premises hereby assigned or intended so
to be with their appurtenances unto the said Abraham Birch and Thomas Birch Junior
their executors administrators and assigns from henceforth and for ever And the
said Eperro and the said Nakahi Doth hereby for themselves their heirs and assigns
covenant and declare to and with the said Abraham Birch and Thomas Birch Junior
their executors administrators and assigns by these Presents in manner following
page 260that is to say that they the said
Abraham Birch and Thomas Birch Junior their executors administrators and assigns
shall and lawfully may at all times hereafter peaceably and quietly enter upon and
enjoy all and singular the said Premises with the appurtenances and take and
receive the rents issues and profits thereof to and for their own use and benefit
without any hindrance molestation or interruption whatsoever from the said Eperro
and the said Nakahi or any person or persons whatsoever And the said Eperro and
the said Nakahi their heirs and assigns to do everything in their power to secure
and protect the said Abraham Birch and Thomas Birch Junior their executors
administrators and assigns in the peaceable and quiet enjoyment of the said piece
or parcel of land In Witness whereof the said parties have hereunto set their
hands and seals the day and year first within written.
Eperro.
Nakahi.
Signed sealed and delivered in the presence of—
William Nicholson.
True Copy.
J. Davis, Int.