Kumea, etc., Block, Kerikeri, Bay of Islands District.
This Indenture made the Eleventh day of December in the year
of our Lord 1839 1839. 11 December.Bay of Islands District.Kumea.C. B. Waitford. Between Titori Son of the late Nana on the one part and Charles Berry
Waitford of the second part Whereas Titori being a chief of the tribe Na te Kuta
in the territory of New Zealand and having right and authority to alienate the
land hereinafter described hath contracted with the said Charles Berry Waitford by
and with the consent and approbation of the elder chiefs of the said tribe 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 Charles
Berry Waitford in manner hereinafter expressed. Now this Indenture witnesseth that
in consideration of 12 Blankets 2 Casks Gunpowder 1 Double barrel Gun, 1 Pound
Sterling viz. 1 Sovereign 20 lbs. Tobacco and a paper of Flints, in hand well and
truly paid and delivered by the said Charles Henry Waitford to the said Titori
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 laud and hereditaments hereinafter described and intended to be hereby
enfeoffed and conveyed the said Titori doth hereby acknowledge and from the same
and every part thereof doth acquit release and for ever discharge the said Charles
Berry Waitford his heirs and assigns and also the said land he the said Titori
hath given granted and enfeoffed and by these presents doth give grant and enfeoff
and confirm unto the said Charles Berry Waitford and his heirs All that piece or
parcel of land situate lying and being in New Zealand, viz., The Lands called
Manginangina, Gnahineora, Boundaries. [600 acres.] Cumea, Eketatawa, Pukiwarariki and Tamairi through which land the river
Waitukutawatawa runs. Now these lands commence at a clump of dead trees on a
rivulet called Maungaparewa to the top of the leading range of Kauri hills to the
W. N. W. to a deep ravine of wood on the western boundary thence to some water in
a swamp and then in a line to Manginangina stone and to the first mark or
howsoever otherwise the said land or any part thereof is bounded situated known or
distinguished. Together with all ways, paths, woods, timber and other trees,
minerals waters and watercourses, and all appurtenances to the said land and
premises belonging or in anywise appertaining. And all the rights and title
whatsoever of him the said Titori or any of the said tribe of the said Na te Kuta
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, priviledges, advantages and
appurtenances whatsoever unto and for the use and behoof of the said Charles Berry
Waitford his heirs and assigns for ever. And the said Titori for himself and his
heirs doth hereby covenant with the said Charles Berry Waitford his heirs and
assigns that he the said Titori and his heirs do and shall and will warrant and
for ever defend unto and to the use of the said Charles Berry Waitford his heirs
and assigns all the said laud and premises granted and enfeoffed against him the
said Titori and his Heirs and against all and every other person or persons
whomsoever claiming the said land and premises or any part thereof. In Witness
whereof the said parties to these presents have hereunto set their Hands and Seals
the day and year first above written.
Titori.L.S.
Ch. Berry Waitford.L.S.
Witnesses—
Richard Banks, Bay of Islands.George Banks, Ongarui, Bay of Islands. Be
it remembered that on the eleventh day of December in the year of our Lord
Peaceable possession delivered. 1839, peaceable and quiet possession and full seisin of the land and
hereditaments above mentioned to be granted and enfeoffed to the within named
Charles Berry Waitford was openly had and taken by the above named Titori and by
him delivered to the within named Charles Berry Waitford To Hold the same unto and
to the use of the said Charles Berry Waitford and his heirs for ever according to
the purport and true intent and meaning of the within written Indenture. In the
presence of us whose names are hereunto subscribed.
Richard Banks, Bay of Islands.
Georoe Banks, Ongarui, Bay of Islands.
page 212
Receipt. I acknowledge to have received on the day of the day of the Within written
Indenture of the within named Charles Berry Waitford 12 Blankets &c.
&c. (as above) being the full consideration within mentioned to be paid
and given to me for the sale and conveyance of the said land and hereditaments
within described.
Titori.
Witnesses—
E Tuki, Uncle to Titori.
Koteidikoe, ditto.
Alexander McKenzie Kennedy, Muttoroa, Bay of Islands.
Richard Banks, Bay of Islands.
True Copy.
H. Tacy Kemp.
No. 362.O.L.C. A True Transcript of Certified Copy of Original Deed.
H. Hanson
Turton.
Wellington,
21st August, 1879.