(Enclosure in No. 399.)
Transfer from Smith and Crawford to Commons and Mackenzie.

We Wm. Smith and Geo. Crawford do hereby agree to hand over and sell to you all our title and claim to that piece of land purchased by us on the 7th day of December 1839 from Te awee, Pero, Herea, Rangaunu, Hori, Tikiore, and Te Tira, Chiefs and Natives of New Zealand. The said land is situated on the banks of the small stream Waito, about eight miles from its junction with the river Peako, which flows into the Firth of the Thames, and is divided into seven distinct portions, each individual as above mentioned claiming a portion and which are distinguished by the following names, Putahapapa, Kouai, Taoni, Toumorro, Warari and Rarattoro situated on the West side of the stream, and Tamaki, situated on the East side. The said land has about three or four miles of a water frontage and extends back from the banks of the Stream, about one and a half miles, less or more part of which is covered with Kiakatere timber, part with Fern and part marshy, being subject to inundations of the river during heavy rains. The Boundaries of said land North and South, East and West, was laid out by the above mentioned Chiefs and Natives, and also marked by us when said Land was purchased from them.

We hereby make over to you all Title and Claim to the whole of the above Land together with the Titles and all other necessary Papers, duly signed by said Chiefs and Natives and attested by the following Witnesses viz. John Johnston and William Cunningham, Traders, and dated the 7th day of December 1839 as aforesaid, when the bargain was concluded and part of the price of said land was paid. This we do together with a discharge in full from the above Natives, signifying their right and title to dispose of said land and also that they are fully satisfied with the payment they have received. This we bind ourselves to do on condition of your paying over to us certain valuable consideration being the value of goods given to said Natives as payment of the land Together with the sum of £25 Sterling, in consideration of the trouble and loss of time, marking out the land and finally arranging with the Natives &c. may occasion. This we do in presence of these witnesses Robert Williams and Richard Wright of Coromandel Harbour, this Fourteenth day of July One thousand Eight Hundred and Forty years.