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

Awarua (Land at), or Bluff Harbour, Otago District

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.