Maori Deeds of Old Private Land Purchases in New Zealand, From the Year 1815 to 1840, with Pre-Emptive and Other Claims

(Enclosure in No. 336.)

(Enclosure in No. 336.)

Agreement between J. W. McNee and Trustees of Paul and Co., Sydney.

Missive

of Agreement between J. W. Macnee of Kiamala, St. Vincent, on the one part and the Trustees of Paul & Co. Merchants in Sydney on the other part relative to a speculation p. the Schooner "Ariel" to New Zealand in the month of September 1839, in which the first mentioned party to this holds a fifth interest and also relative to a piece of land on the river Wairoa in the district of Kaipara New Zealand purchased by Paul & Co. in the name of the said J. W. Macnee, and of which he holds an interest to the extent of one third while Paul & Co. hold the remaining two thirds, Witnesseth That Paul &. Co. having all along been under the entire outlay of money on the two accounts above named, and their Trustees being now anxious to have the same closed in so far as it is practicable hereby agree to relieve and do relieve the said J. W. Macnee his heirs executors and assigns from his contemplated share of the loss on the adventure p. the schooner "Ariel" provided and in consideration of he the said J. W. Macnee agreeing to make over to the Trustees of Paul & Co. the one third share which he holds in the above mentioned land on the river Wairoa which he hereby now, for himself his heirs executors and assigns now does upon the understanding that, should the one third share in the said land produce more than the said J. W. Macnee's one fifth loss on the Ariel's adventure then and in that case the surplus to stand against the loss if any which may arise on J. W. Macnee's account with Paul & Co., say to J. W. Macnee's proportion of loss in that firm which will be one half.

It is also hereby clearly understood by both parties and agreed to by J. W. Macnee, that he, in any way while he may be required to act relative to the land on the river Wairoa shall do so, notwithstanding of this arrangement, in every respect as if he remained the proprietor, in part of it, receiving from the Trustees of Paul & Co. whatever actual expenses he may be put to in completing these conditions.

The said J. W. Macnee also hereby binds himself his heirs executors and assigns whenever the deeds of the property aforementioned shall have been duly completed and delivered over to him by the New Zealand Government forthwith to transfer and make over the same to the then acting Trustees of the firm of Paul & Co.