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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

Okeo Block, River Wairoa, Kaipara District

page 301

Okeo Block, River Wairoa, Kaipara District.

1840. 10 January.Kaipara District.Okeo.This Indenture made the tenth day of January in the year of our Lord one thousand eight hundred and forty Between Paikea a chief residing on the river Wairoa on the first part and Thomas Spencer Forsaith residing on the Wairoa River on the second part and William Smellie Grahame of Sydney in the Colony of New South Wales Merchant on the third part. Whereas the said Paikea being a chief of the tribe Ngati Watua in the territory of New Zealand and having right and authority to alienate the land hereinafter described hath contracted with the said Thomas Spencer Forsaith and W. S. Grahame. William Smellie Grahame for the sale to the aforesaid William Smellie Grahame of the said Land for the price or consideration hereinafter mentioned and the same is now intended to be enfeoffed and conveyed to the said William Smellie Grahame in manner hereinafter expressed.
Consideration. Now this Indenture witnesseth that in consideration of Forty pairs Blankets, fifty pairs Trowsers twenty Coats one fine Pilot Coat fifty shirts twenty-five muskets four double barrel Guns fifty pieces print two barrels gunpowder four boxes percussion caps forty sovereigns and fifty dollars two single barrel Guns and two Cloaks, in hand well and truly delivered by the said Thomas Spencer Forsaith for and on account of the said William Smellie Grahame to the said Paikea before the sealing and delivery hereof the receipt whereof and that the same is 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 Paikea doth hereby acknowledge and from the same and every part thereof doth acquit release and for ever discharge the said William Smellie Grahame his heirs and assigns and also the said lands He the said Paikea Hath given granted and enfeoffed and by these presents doth give grant and enfeoff and confirm unto the said William Smellie Grahame and his heirs as tenants All that piece or parcel of land situate lying and being situated in the River Wairoa known by the name of Okeo being bounded on the one side Boundaries. [5,000 acres.] by the Creek Okaka, and from the termination of the said Creek Okaka a direct line descending to the direction of the said creek till it falls into the creek Otiri and then following the Otiri to the Wairoa (the Annexed being a rough Sketch) or however otherwise the said land or any part thereof is bounded, situate known or distinguished Together with all ways paths waters woods timber and other trees minerals and all the appurtenances to the said land and premises belonging or in anywise appertaining And all the right and title whatsoever of him the said Paikea or any other of the said tribe Ngati Watua or other tribe in or to the same. To have and to Hold the said lands hereditaments and premises hereinbefore described and hereby granted enfeoffed and confirmed or intended to be with their and every of their rights priviledges advantages and appurtenances whatsoever unto and for the use and behoof of the said William Smellie Grahame his heirs and assigns for ever And the said Paikea for himself and his heirs doth hereby covenant with the said William Smellie Grahame his heirs and assigns that he the said Paikea and his heirs do shall and will warrant and for ever defend unto and to the use of the said William Smellie Grahame and his heirs and assigns all the said lands hereby granted and enfeoffed against him the said Paikea and his heirs and against all and every other person or persons whomsoever claiming the said lands and premises or any part thereof And the said William Smellie Grahame Hath nominated constituted and appointed and by these presents doth nominate constitute and appoint the aforesaid Thomas Spencer Forsaith his true and lawful Attorney for him and in his name and stead to receive and take of and from the said Paikea a full and sufficient seizure and possession of the said land and hereditaments by these presents granted and enfeoffed and confirmed unto the said William Smellie Grahame his heirs and assigns and such seizure and possession being so taken and had to hold and retain to and for the use of the said William Smellie Grahame his heirs and assigns for ever according to the purport and effect and true intent and meaning of these presents. In witness whereof the said parties to these presents have hereunto affixed their hands and seals the day and year above written.

Paikea. L S.

Signed sealed and delivered by the said Paikea the same having been first read over and explained which he seemed perfectly to understand in our presence—
George Stephenson, Merchant, Wairoa.
James Perry, late of Sydney.

Thomas Spencer Forsaith. L.S.

Signed sealed and delivered by the said Thomas Spencer Forsaith in presence of—
James Perry, late of Sydney.
Tirarau (chief of Nga Pui).

Signed sealed and delivered by the said William Smellie Grahame in presence of—

1840. 28 May.Peaceable possession taken. Be it remembered that on the twenty-eighth day of May in the year of our Lord one thousand eight hundred and forty peaceable and quiet possession and full seizure of the land and hereditaments within mentioned to be granted and enfeoffed to the within named William Smellie Grahame was openly had and taken by the within named page 302Thomas Spencer Forsaith of the within named Paikea, To hold the same unto and to the use of the said William Smellie Grahame his heirs and assigns for ever according to the purport and true intent and meaning of the within written Indenture in the presence of us whose names are hereunto subscribed.

George Stephenson, Merchant, Wairoa.
James Perry, late of Sydney.

1840. 8 July.Receipt for cash and goods. I acknowledge to have received on the eighth day of July in the year of our Lord One Thousand eight hundred and forty of the within named Thomas Spencer Forsaith for and on account of the said William Smellie Grahame, Forty pairs Blankets fifty pairs Trousers twenty Coats four boxes percussion Caps forty sovereigns fifty dollars one fine pilot coat fifty shirts twenty-five Muskets four double barrel guns fifty pieces print two Barrels Gunpowder two single barrel guns two cloaks being the full consideration within mentioned to be paid and given to me for the sale and conveyance of the land and hereditaments within mentioned.

Witness—
Te Weinga (Brother of Tirarau).
George Stephenson, Merchant, Wairoa.
James Perry, late of Sydney.

Paikea.