Awarua (Land at), or Bluff Harbour, Otago District.
This Indenture made the 17th day of November in the year of
our Lord 1839 between
1839. 17 November.Otago District.Bluff Harbour. William
Stirling. John Towaick of 'Robucca New Zealand of the one part and William Stirling
of New Zealand Whaling Master and Settler of the other part, Whereas the said John
Towaick being Chief of the Tribe of Robucca and its dependencies in the Territory
of New Zealand and having right and authority to alienate the land hereinafter
described hath contracted with the said William Stirling for the sale to him of
the said land for the price and consideration hereinafter mentioned And the same
is now intended to be enfeoffed and conveyed to the said William Stirling in
manner hereinafter expressed Now this Indenture Witnesseth that in consideration
of the sum of Ten Pounds Sterling in hand well and truly delivered by the said
William Stirling to the said John Towaick before the sealing and delivery hereof
the receipt whereof and that the same is in full for the absolute purchase of the
Inheritance in Fee Simple in possession of the land and hereditaments hereinafter
described and intended to be hereby enfeoffed and conveyed the said John Towaick
doth hereby acknowledge and from the same and every part thereof doth acquit
release and for ever discharge the said William Stirling his heirs and assigns and
also the said land He the said John Towaick hath given granted and enfeoffed and
by these presents doth give grant enfeoff and confirm unto the said William
Stirling his heirs and assigns All that piece or parcel of land or tract of ground
situate lying and being in the Territory of the Bluff New Zealand Bounded on the
North West by a
Boundaries. [104 acres.] Water Run distance in front of the Bluff Harbour Six Hundred yards be the
same more or less and on the South East by Feaveaux Straits extending to the South
West look-out point being in distance three quarters of a Mile or Thereabout or
howsoever the said parcel or tract of land or any part thereof is bounded situate
known or distinguished Together with all ways paths waters woods timber and other
trees mines metals and all appurtenances to the said land belonging or in any wise
appertaining And all the right and title whatsoever of him the said John Towaick
of any of the Tribe of Poenammo in or to the same or any part thereof To have and
to hold the said parcel or tract of land hereditaments and premises hereinbefore
described and hereby granted enfeoffed and confirmed or intended so to be with
their and every of their rights privileges advantages and appurtenances whatsoever
free from all taxes or impositions whatsoever unto and for the use and behoof of
the said William Stirling his heirs and assigns for ever, And the said John
Towaick for himself and his heirs doth hereby covenant with the said William
Stirling his heirs and assigns That he the said John Towaick and his heirs do
page 430 shall and will warrant and for ever
defend unto and to the use of the said William Stirling his heirs and assigns All
the said parcel or tract of land and premises hereby granted and enfeoffed against
him the said John Towaick and his heirs and against all and every other person and
persons whomsoever claiming the said land and premises or any part thereof. In
Witness whereof the said John Towaick hath hereunto affixed his Seal and Signature
the day and year first above written.
Signed John Towaick.
Towaick's Taboo x.
Signed Sealed and Delivered by the within named John Towaick the same
having been first read over and explained to him which he seemed perfectly to
understand in our presence—
Signed James Bruce.
Signed John Lewis.
Peaceable possession given. Be it remembered that on the 17th day of November in the year of our Lord
1839 peaceable and quiet possession and full seizin of the land and hereditaments
within mentioned to be granted and enfeoffed to the within named William Stirling
was openly had and taken by the within named John Touwaick and by him delivered to
the within named William Stirling, To Hold the same unto and to the use of the
said William Stirling his heirs and assigns according to the purport and true
intent and meaning of the within written Indenture in the presence of us whose
names are hereunto subscribed.
Signed James Bruce.
Signed John Lewis.
Receipt for £10. I acknowledge to have received on the day of the date of the within written
Indenture of the within named William Stirling the sum of Ten Pounds being the
full consideration within mentioned to be paid and given to me for the sale and
conveyance of the said parcel or tract of land and hereditaments within described.
Signed John Towaick.
Witness—
Signed James Bruce
John Lewis.
True Copy.
Edwd. Shortland.