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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. 439

page 424

Deeds—No. 439.

Lord's Harbour (Land at), Stewart's Island, Otago District.

1838. 8 December.Otago District.Stewart's Island.(Lord's Harbour.) Edward Brady.This Indenture made the 8th day of December in the year of our Lord 1838 Between John Touwaick Chief of the Southern end of the Middle Island, and all the adjacent Islands of the one part and Boundaries. [700 acres.] Edward Brady of Sydney New South Wales of the other part Whereas the said John Touwaick being chief of the tribe of Kitow in the territory of New Zealand and having right and authority to alienate the land hereinafter described hath contracted with the said Edward Brady 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 Edward Brady in manner hereinafter expressed Now this Indenture witnesseth that in consideration of Goods and Cash, viz. One cask Rum, One keg Tobacco Twenty pair Shoes Five dozen Shirts One dozen Red Caps and Twenty Monkey Jackets and Eighteen pounds of Lawful Money of Great Britain in hand well and truly delivered by the said Edward Brady to the said John Touwaick before the scaling and delivery hereof the receipt whereof and that the same is in full for the absolute purchase of the inheritance in fee simple on possession of the land and hereditaments hereinafter described and intended to be hereby enfeoffed and conveyed, the said John Touwaick doth hereby acknowledge and from the same and every part thereof doth acquit release and for ever discharge the said Edward Barry his Heirs and Assigns and also the said land He the said John Touwaick Hath given granted and enfeoffed and by these presents Doth give grant enfeoff and confirm unto the said Edward Brady and his Heirs All that parcel of land situate lying and being at Lord's Harbour From the first Beach on the South side to the North West corner of the same extending Fifteen miles inland in a Westerly direction or howsoever otherwise the said land and premises or any part thereof is bounded situate known or distinguished Together with all paths waters woods timber and trees minerals and all appurtenances to the said land belonging or in anywise appertaining and also all right and title whatsoever of the said John Touwaick or any of the said tribe of Kitow in or to the same To have and to hold the said 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 unto and for the use of the said Edward Brady his Heirs and Assigns for ever And the said John Touwaick for himself and his heirs doth covenant with the said Edward Brady his Heirs and Assigns that he the said John Touwaick and his heirs do shall and will warrant and for ever defend unto and to the use of the said Edward Brady his Heirs and Assigns All the said land and premises hereby granted and enfeoffed against him the said John Touwaick 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 Towick hath hereunto affixed his seal and signature the day and year first above written.

John Towack.

Signed sealed and delivd. by the said John Towack the same having been first read over and explained which he seemed perfectly to understand in our presence—
R. I. Moore.
Ed. Cattlin.

Peaceable possession given. Be it remembered that on the 8th day of Decemr. in the year of our Lord 1838 peaceable and quiet possession and full seizin of the land and hereditaments of the land within mentioned to be granted and enfeoffed to the within named Edward Brady was openly had and taken by the within named John Touwack and by him delivered to the within named William Stirling to hold the same unto and to the use of the sd. Edward Brady and his heirs according to the purport and true intent and meaning of the within written indenture in the presence of us whose names are hereunto subscribed.

John Touwack. R. I. Moore.
Ed. Cattlin.

Receipt. I hereby acknowledge to have received on the day of the date of the within written Indenture of the within named Edward Brady, One cask Rum, One keg Tobacco &c. &c. (as before written) being the full consideration within mentioned to be paid and given to me for the sale and conveyance of the sd. land and hereditaments within described.

Witness

John Touwack.

R. I. Moore.

Ed. Cattlin.

True copy.

E. Shortland.

No. 47.O.L.C. A True Transcript of Certified Copy of Original Deed.

H. Hanson Turton.

Wellington, 7th August, 1880.