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

Deeds—No. 436

Deeds—No. 436.

Whakapatu Block, Foveaux Strait, Otago District.

1838. 31 October. Otago District Whakapatu.

This

Indenture made the 31st day of October in the Year of our Lord 1838. Between John Towack of Obooka in New Zealand Chief of the one part and George Green of Sydney in the Colony of New South Wales Boat Builder of the other part Whereas

George Green.

the said John Towack is seized in his Demesne as of Fee or otherwise well and justly entitled to the Land premises and hereditaments hereinafter mentioned And Whereas the said George Green hath contracted and agreed to and with the said John Towack for the absolute purchase of the same at or for the price or sum of Twenty pounds ten shillings Now this Indenture Witnesseth that for and in consideration of the said sum of Twenty pounds ten shillings by the said George Green to the said John Towack in hand well and truly paid at or immediately before the Sealing and Delivery of these presents the receipt whereof is hereby acknowledged he the said John Towack hath granted bargained sold released and confirmed and by these presents doth grant bargain sell release and confirm unto the said George Green (in his actual possession now being by virtue of a Bargain and Sale for one year to him thereof made in consideration of Five shillings by the said John Towack and bearing date the day before the date of This Indenture) and to his heirs All that piece or parcel of land containing by estimation about twenty thousand acres more or less situate at Kowokkapittapit Bay in New

Boundaries. [20,000 acres.]

Zealand bounded by the said Bay twelve miles and bounded on the East side by John Jones' Land terminating at Orooka point and on the West side by Mr. White's Land terminating at Arou Whinea point both which points form the extreme ends of the said Bay And all the appurtenances to the same belonging or in any wise appertaining And the Reversion and Reversions Remainder and Remainders and all the Rents issues and profits thereof To have and to hold the same and every part and parcel thereof unto the said George Green his heirs and assigns and to the use of the said George Green his heirs and assigns for ever And the said John Towack for himself and all persons claiming under him hereby covenants that he the said John Towack has full power and authority to convey and dispose of the said hereinbefore described Land and premises and that neither he nor any person for him or on his behalf has done anything to encumber the said Land and prevent him from making an absolute Conveyance of the same And the said John Towack further covenants that it shall be lawful for the said George Green his heirs and assigns at all times hereafter to enter into and upon the said land and the same to possess and enjoy without any hinderance from or by the said John Towack or any person claiming or to claim by from through or under him And that in case it should be necessary at any future time he the said John Towack his heirs and assigns shall make do and execute such other conveyances deeds and assurances for completely securing the said Land to the said George Green as the said George Green his heirs and assigns may require In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first hereinbefore written.