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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

Deeds—No. 435

Deeds—No. 435.

Centre Island, Bluff Harbour, Otago District.

1838. 31 October.Otago District.Centre Island.This Indenture made the thirty-first day of October in tho year of our Lord 1838. Between John Towack of Obooka in New Zealand Chief of the one part and George George Green. Green of Sydney in the Colony of New South Wales Boat Builder of the other part Whereas 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 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 Island situate lying and being of Kowokkapittapit Bay on the North West side of New Zealand containing about Two thousand acres more [2,000 acres.] or less and all the appurtenances to the same belonging or in any way 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 any thing 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 or 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.

Signed John Towack. L.S.

Signed Sealed and Delivered having been first read over and explained to the said John Towack in the presence of—
Signed James Martin. Receipt for £20 10s. Received the day and year first above written from the within named George Green the sum of Twenty pounds Ten shillings (£20. 10) being the consideration within mentioned to be paid by him to me.

Signed John Towack.

Witness—

Signed James Martin.

We the undersigned Toby Partrick Ariroa John White and Tyroa do severally declare to all whom it may concern that the foregoing Conveyance of Land from John Towack to George Green was made with our entire approbation In Witness whereof we have set our hands.
Signed Toby Partrick.
Ariroa.
John White.
John Tyro. The Moko or sign manuel of Tyroa.

Witness—

Signed Henry Hesketh.

Registration. Received into the Registrar's Office this fourth day of February 1840 at One o'clock in the afternoon from G. L. Poignand a Memorial of a Lease and Release from John Towack to Geo. Green certified by G. L. Poignand and numbered 749 Seven hundred and forty-nine B 2. Signed Alfred Elyard.

No. 1.O.L.C. A True Transcript of Certified Copy of Original Deed.

H. Hanson Turton.

Wellington, 26th February 1881.