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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

Deeds—No. 339

Deeds—No. 339.

Oruawharo Block (Samuel Hawke), Kaipara District.

1839. 30 December.Kaipara District.Oruawharo.This Indenture made the thirtieth day of December in the year of our Lord eighteen hundred and thirty-nine Between Parore Chief of Kaihu, Taupuhi Chief of Oruawaro Matiu a Chief of Oruawaro and Pai Chief of Oruawaro of the first part, and Samuel Samuel Hawke. Hawke of Sydney in the Colony of New South Wales, Settler, of the second part, And the said Samuel Hawke at present residing in New Zealand. Whereas the aforesaid Chiefs Parore, Taupuhi, Matiu, and Pai being Chiefs of the Tribes of Ngapuhi and Ngatiwatua in the territory of New Zealand and having right and authority to alienate the land hereinafter described have contracted with the said Samuel Hawke for the sale to him of the said land for the price or consideration hereinafter mentioned and the page 296same is now intended to be enfeoffed and conveyed to the said Samuel Hawke in manner hereinafter expressed. Now this Indenture Witnesseth that in consideration of Receipt for £5 deposit. five pounds sterling lawful coin of Great Britain, paid down as deposit, and ninety-five pounds sterling lawful coin of Great Britain, and six hundred pounds value of merchandise to be paid on the arrival of the said goods from Sydney any time within eighteen calendar months of the date of this Indenture and that the same is in full for the absolute purchase of the Inheritance in fee simple in possession of the land or hereditaments hereinafter described and intended to be hereby enfeoffed and conveyed, The said Parore, Taupuhi, Matiu, and Pai do hereby acknowledge and from the same and every part thereof do acquit, release and for ever discharge the said Samuel Hawke his Heirs and assigns and also the said land they the said Parore, Taupuhi, Matiu, and Pai Hath given, granted and enfeoffed, and do by these presents give grant enfeoff and confirm Boundaries. [12,000 acres.] unto the said Samuel Hawke and his Heirs as Tenants in common All that piece or parcel of land, situate, lying, and being situated on the River Oruawaro, being bounded on the one side by the creek or river Warahinu and on the other by the creek or river Wai Tangata, the course of the River Oruawaro between these points being river frontage, then following the course of the creek Warahinu to the creek Waireia, then along the said Waireia to its source or termination from which point a direct line to the divided boundary of the two districts Oruawaro and Kaipara and known by the name Kokeoki thence in a direct line (forming the said boundary of the dist. of Kaipara) to a point called Kanohi Ruru and from Kanohi Ruru a direct line to the source or termination of the creek Wai Tangata and following the course of the Wai Tangata to the Oruawaro, or howsoever 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 appurtenances to the said land and premises belonging or in any wise appertaining, and all the right and title whatsoever of them the said Parore, Taupuhi, Matiu and Pai, or any other of the said Tribes of Ngapuhi or Ngatiwatua or any other tribe in or to the same. To have and to hold the said land hereditaments and premises hereinbefore described and hereby granted, enfeoffed, and confirmed or intended so to be with their and every of their rights, privileges, advantages, and appurtenances whatsoever unto and for the use and behoof of the said Samuel Hawke his Heirs and assigns for ever as Tenants in common. And the said Parore, Taupuhi, Matiu and Pai for themselves and their Heirs do shall and will and hereby covenant with the said Samuel Hawke his Heirs and assigns that they the said Parore, Taupuhi, Matiu and Pai and their heirs do shall and will warrant and for ever defend unto and to the use of the said Samuel Hawke and his Heirs or assigns all the said lands hereby granted and enfeoffed against them the said Parore Taupuhi, Matiu and Pai and their Heirs and against all and every other person or persons whomsoever claiming the said land and premises or any part thereof. And the said Samuel Hawke hath nominated, constituted and appointed and by these presents Doth nominate constitute and appoint George Hawke of Sydney aforesaid and now residing in New Zealand his true and lawful Attorney for him and in his name and stead to receive and take of and from the said Parore, Taupuhi, Matiu, and Pai full and sufficient seizen and possession of the said land and hereditaments by these presents granted, enfeoffed and confirmed or any part thereof and such seizen and possession being so taken and had to hold and retain to and for the use of the said Samuel Hawke and 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 set their hands and seals the day and year first above written.

Parore. L.S.
Taupuhi. L.S.
Matiu. L.S.
Pai. L.S.

Signed, sealed and delivered by the said Parore, Taupuhi, Matiu and Pai the same having been first read over and explained, and which they seemed perfectly to understand in our presence—
Thomas Spencer Forsaith, Merchant, Kaipara.
William Hay, late of Sydney.
Tirarau, Chief of Wairoa River.

Samuel Hawke. L.S.

Signed, sealed and delivered by the said Samuel Hawke in the presence of—
Thomas Spencer Forsaith.

1840. 2 June.Receipt for £95 and merchandise. We acknowledge to have received on the second day of June in the year of our Lord one thousand eight hundred and forty of the within named Samuel Hawke Ninety-five pounds sterling lawful coin of Great Britain, thirty spades, two bags of sugar, one keg of Tobacco being part of the within named consideration to be paid and given to us for the sale and conveyance of the land and hereditaments within mentioned.

Parore.
Matiu.
Taupuhi.
Pai.

Witness—
Thomas Spencer Forsaith.
William Hay, late of Sydney.

1840. 12 June.Peaceable possession taken and delivered. Be it remembered that on the twelvth day of June in the year of our Lord one thousand eight hundred and forty peaceable and quiet possession and full seizen of the land and hereditaments within mentioned to be granted and enfeoffed to the within page 297named Samuel Hawke was openly had and taken by the within named Parore, Taupuhi, Matiu, and Pai, and by them delivered to the within named Samuel Hawke to hold the same unto and to the use of the said Samuel Hawke his Assigns and Heirs for ever as Tenants according to the purport and true intent and meaning of the within written Indenture in the presence of us whose names are hereunto subscribed.

Tamati (Chief of Oruawaro).
Thomas Spencer Forsaith, Wairoa, Kaipara.

No. 25.O.L.C. A True Transcript of Copy of Original Deed.

H. Hanson Turton.

Wellington, 23rd September, 1878.