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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. 350

page 312

Deeds—No. 350.

Te Huruhi Block, Island of Waiheke, Auckland District.

1838. 7 May.Auckland District.Memorandum of Sale and purchase of land situated in Wihake in the River Thames Huruhi.New Zealand, right, title and interest sold by Native Chiefs named as follows E a te Ruema, Tuma, Tahou, and Tohe whose names are hereunto affixed, on the one part, and Thomas Maxwel.purchased by Thomas Maxwell on the other part, Witnesseth that whereas the said Thomas Maxwell by trade a Mariner and now a dealer in the Bay of Islands and a Native of Ireland of the United Kingdom of Great Britain and Ireland whereof Queen Victoria the first by Grace of God is now Queen, and to whom the said Thomas Maxwell is a true and loyal subject acknowledging fealty and subjection to the said Queen and her lawful representatives her heirs or successors or their representatives and to no other person or persons whatsoever, Declares that being desirous of purchasing land for the lawful carrying on of Agriculture and other lawful trades under the protection of the said Queen Victoria the first or Her successors or representatives for the time being Has agreed to purchase and by these presents has purchased certain lands and timber hereinafter specified upon the payment of namely Five Sovereigns Twenty-five Spanish Dollars one and half casks of Tobacco Eight Casks Powder Two Blankets and one Whale Boat, and the said consideration above mentioned has been Receipt.held as good and full entire satisfaction to the said Native Chiefs whose mark and names are hereunto affixed, And the said Native Chiefs do hereby acknowledge to have received the following consideration Five Sovereigns Twenty-five Spanish Dollars One cask and a half Tobacco Eight Casks Powder Two Blankets and one Whale Boat as good and full entire satisfaction for the said lands timber, and for all claims or demands of whatsoever nature now or hereafter to be set up for or upon the said lands by themselves or by any of their relatives successors or assigns or any other person presuming to sent up any claim or claims to the said lands or possessions, That is to say the said E a te Ru e ma, Tu ma, Ta hou, and To he, Native Chiefs of New Zealand, namely Five Sovereigns, Twenty-five Spanish Dollars, Eight Casks Powder, one and a half Casks Tobacco Two Blankets and one Whale Boat for the lands timber and possessions called Why Boundaries. [3,000 acres.]he ke situated in the River Thames commencing from a point on the Why he ke Islands called Thuny wha nu e and ending at a point named Ruru munge munge the points forming a half moon Bay and is called Te hu rue distance from point to point one mile and half-from the centre of the Bay Thuny whanue bears by compass S. by E. Ruru Munga munga N.E. by E. extend inland in a N.W. direction from both heads three miles more or less and a Sound separating it from the Islands known as Herds Islands. And the said Native Chiefs E a te Ruema, Tuma, Tahou, and Tohe hereby acknowledge justly truly and lawfully to have received from the aforesaid Thomas Maxwell and from no other person Five Sovereigns, Twenty-five Spanish Dollars one and a half cask Tobacco Eight Casks Powder Two Blankets and one Whale Boat as full and sufficient payment for the said lands timber and possessions, And the said E a te Ruema, Tuma, Tahou aud Tohe hereby makes over and gives up every right, claim, or title their Heirs or successors or assigns have or could ever have had to the said Thomas Maxwell his Heirs successors or assigns or their assigns to the said lands timber or possessions. And the said Thomas Maxwell has acquired hereby the sole right title and interest in and to the said lands or possessions and the said Thomas Maxwell can and may without fear let or hindrance occupy cultivate build upon cut timber or carry away timber or alienate the whole or any part of the said lands or timber in the same manner and full extent of the laws and customs of the said Kingdom of Great Britain and Ireland.

In Witness whereof the said E a te Ruema, Tuma, Tahou, and Tohe have affixed their name or mark hereto this the 7th May in the Year of our Lord One Thousand eight hundred and Thirty-Eight. The same being done and intended according to the true spirit and meaning hereof notwithstanding any flaw or faults therein and dated according to the customs of Great Britain and Ireland, there being no seals or authorities duly authorized thereto at the present time in this country of New Zealand.

(Signed) Ruinga.
tuma.
Tohi.

Witnesseth by—
George Gage his x mark.
William Smith his x mark.
Edwd. Tirril. John Wade.

A Correct Copy.

11th August, 1841.

M. Richmond. E. L. Godfrey.

No. 165.O.L.C.A True Transcript of Certified Copy of Original Deed.

H. Hanson Turton.

Wellington, 29 November, 1878.