Translation.
1831. 1 June. Bay of Islands District.
Memorandum of Sale and Purchase of land situated in the Bay of Islands, New Zealand, right title and interest sold by the several Natives whose names are hereunto affixed on the one part, and purchased by one Gilbert Mair on the other part, Witnesseth,Te Wahapu.
That whereas the said Gilbert Mair shipbuilder by trade, or and from the town or place called Perhead of Scotland in and of the United Kingdom of Great Britain and Ireland, whereof King William the fourth by the Grace of God is now King and to whom the said Gilbert Mair is a true and loyal subject: acknowledging fealty and subjection to the said King William the fourth and his lawful representatives, his heirs or successors, or their representatives, and to no other person or persons whatsoever, declareth that being desirous to settle and occupy land and possessions for the lawful carrying on of his trade or calling and all or any other matters of trade and business in the aforesaid Bay of Islands or other parts of New Zealand by whatever name known, and to occupy the said lands and carry on the said trades or business under the protection of the said King William the fourth or his successors or representatives for the[350 acres.]
time being, has agreed to purchase, and by these presents has purchased certain lands herein after specified upon payment of the several goods or articles also herein after specified: And the said goods or articles have been paid as full and entire satisfaction to the several parties whose names and marks are hereunto affixed; and the said parties do hereby acknowledge to have received the said articles set opposite to their respective names as good full and entire satisfaction for the said lands and for all claims or demands of whatsoever nature now or hereafter to be set up for or upon the said lands from any of themselves, or any relatives successors or assigns of any of the said parties or any other person presuming to set up any claim or claims to the said land or possessions, That is to say, to—Receipt.
And the said several parties hereby acknowledge just and truly and lawfully to have received from the aforesaid Gilbert Mair, and from no other person the several articles as before specified as full and sufficient payment for the said lands or possessions, and the said several parties hereby make over and give up every right claim or title they or their relatives, heirs, successors or assigns have, or could have ever had, to the said Gilbert Mair his heirs successors or assigns or their assigns, to the said land or possessions: And the said Gilbert Mair has hereby acquired the sole right title and interest in and to the said lands or possessions, And the said Gilbert Mair can and may without let or hindrance, occupy, cultivate, build upon, or alienate the whole or any part of the said lands or possessions in the same manner and to the full extent of the custom or laws observed in the country of the said Kingdom of Great Britain and Ireland. And the said Gilbert Mair has hereby acquired in the fullest extent or manner the right to call upon the said King William the fourth, his heirs, successors, or representatives, or their heirs, successors or representatives to protect the said Gilbert Mair, with all his power and might in the possession of the said lands or occupations thereon against any other British subject or any other person or persons, whether Natives of this country or otherwise, And the said claims rights and possessions are secured to the said Gilbert Mair his heirs successors or assigns, or their heirs successors or assigns to the full extent that the aforesaid Natives, their relatives, heirs, successors or assigns could or would have had in themselves notwithstanding any law or custom whether of Great Britain or New Zealand. And this agreement has been translated and the several names both of possessions and persons spelt and expressed according to the orthography and manner of the Church Mission Society of Great Britain now residing at this place, the same being the best known mode and translation, and the said translation hereof has been read and made known to the said several Natives of New Zealand who have sold and disposed of the said possessions or lands to their full and entire satisfaction, and their several marks or signatures have been truly and fairly obtained in consideration of the payment of the several articles specified herein, and not by any deceit fraud force or collusion. In Witness whereof the said parties to these presents have signed or affixed their several marks hereto this First day of June in the year of our Lord Jesus Christ One thousand eight hundred and thirty-one. 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 custom of Great Britain there being no seals or authorities duly authorised thereto at the present time in this country of New Zealand.[Signatures.]
[Witnesses.]
Translation.
Henry Tacy Kemp, Interpreter.