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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. 346

Deeds—No. 346.

Te Pawera Block, Wairua River, Kaipara District.

1840. 4 July.Kaipara District.Pawera.This Indenture made the fourth day of July in the year of our Lord One thousand eight hundred and forty Between Epuku Ewitie Witekia Chiefs of New Zealand on behalf of themselves and the whole of their Tribe of the one part, and David Fitzpatrick Jeremiah McCrohan, Peter Moody and Edmund Powell of the other part E. Powell and others. Whereas by an Agreement bearing date the twelfth day of January One thousand eight hundred and forty the said David Fitzpatrick Jeremiah McCrohan Peter Moody and Edmund Powell contracted and agreed with the said Epuku Ewitie Witekia (they acting on behalf of themselves and all the Tribe) for the absolute purchase of the hereditaments hereinafter described and intended to be hereby granted and enfeoffed and the inheritance thereof free from incumbrances at or for the price or sum of One hundred and twenty pounds to be paid in Goods (a list of which is set forth in the said Agreement) in six months from the date of the said Agreement And whereas the goods mentioned in the said list could not be procured under the sum of One hundred and Seventy Pounds and the said David Fitzpatrick, Jeremiah McCrohan and Peter Moody and Edmund Powell have agreed to pay the said Epuku Ewitie Witekia the said goods at the increased value of One hundred and Seventy Pounds Now this Indenture page 305Witnesseth that in pursuance of the said recited contract and in consideration of the following Goods viz. Five Double barrel Guns Seven Single Barrel Guns Ten Casks of Powder Twenty pieces of Lead Ten Pairs of Blankets One Cask of Tobacco containing 100 lbs. One Cask of Pipes Ten Pieces of Print and Six Cloaks value altogether One hundred and seventy pounds by the said David Fitzpatrick Jeremiah McCrohan Peter Moody and Edmund Powell to the said Epuku Ewitie and Witekia in hand well and truly paid at or before the sealing and delivery of these presents the receipt of which Goods the said chiefs Epuku Ewitie Witekia on behalf of themselves and the rest of the Tribe do hereby acknowledge and of and from the same and every part thereof do hereby acquit release and for ever discharge the said David Fitzpatrick Jeremiah McCrohan Peter Moody and Edmund Powell their heirs executors administrators and assigns and every of them They the said Epuku Ewitie Witekia on behalf of themselves and the rest of their Tribe Have given granted and enfeoffed and by these presents Do give grant and enfeoff unto the said David Fitzpatrick Jeremiah McCrohan Peter Moody and Edmund Powell their heirs and assigns All those pieces or parcels of land and hereditaments situate on the left Bank of the River Wairua going with the stream Boundaries. [750 acres.] at Kaipara commencing about three miles from the junction of the Wairua and Mangakahia at a creek known by the name of Toekidikidi and running along the side of the River Wairua about three English miles till you arrive at a creek known by the Native name of Omaikidi The boundary at the rear to be fixed at Twelve English miles from the said River frontage between the said creeks Toekidikidi and Omaikiri or howsoever otherwise the said pieces or parcels of land may be bounded Together with all woods paths passages Timber and other Trees Minerals Metals Creeks Waters Watercourses and all and every the appurtenances to the said land belonging or in any wise appertaining And all the reversion and reversions remainder and remainders rents issues and profits thereof And all the Estate and Title whatsoever of the said Epuku Ewitie and Witekia and the rest of their Tribe of in or to the said pieces or parcels of land and every part thereof To have and to hold the said pieces or parcels of land hereditaments and premises hereby granted and released or intended so to be with their rights members and appurtenances unto and To the use of the said David Fitzpatrick Jeremiah McCrohan Peter Moody and Edmund Powell their heirs and assigns for ever And the said Chiefs Epuku Ewitie and Witekia for themselves their heirs and all their Tribe do hereby covenant with the said David Fitzpatrick Jeremiah McCrohan Peter Moody and Edmund Powell their heirs and assigns That they the said chiefs Epuku Ewitie Witekia their heirs and all the Tribe Do shall and will warrant and for ever defend unto and To the use of the said David Fitzpatrick Jeremiah McCrohan Peter Moody and Edmund Powell their heirs and assigns all the said pieces or parcels of land hereby granted and enfeoffed or intended so to be against them the said Epuku Ewitie and Witekia and their heirs and against all and every other person claiming the said pieces or parcels of lands hereditaments 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.

Epuku x. L.S.
Ko Te Witi. L.S.
Wetekia. L.S.

Signed sealed and delivered by the said Epuku Ewitie and Witekia on behalf of themselves and all their Tribe the same having been first read over and explained to them which they seemed perfectly to understand in our presence—
Wm. V. Brewer.
C. M. Christie.

Receipt for payment. £170 . 0 . 0. Received the day and year first above written on behalf of ourselves and the whole of our Tribe from the within named David Fitzpatrick Jeremiah McCrohan Peter Moody and Edmund Powell the following goods of the value of One hundred and Seventy pounds, Five Double Barrel Guns Seven Single Barrel Guns Ten Casks of Powder Twenty pieces of Lead Ten pairs of Blankets One Cask Tobacco containing One hundred pounds One case of Pipes Ten pieces of Print and Six Cloaks being the full consideration within mentioned to have been paid to us on behalf of ourselves and the whole of our Tribe for the sale to them of the pieces or parcels of land within described.

Epuku x.
Ko Te Witi.
Wetekia.

Witness—
Wm. V. Brewer.
C. M. Christie.

Peaceable possession delivered. Be it remembered that on the day of the date of the within written Indenture peaceable and quiet possession and seisin of the within mentioned pieces of land and hereditaments were taken by the within named Wm. V. Brewer and C. M. Christie for and in the name of the whole of the within named Feoffees according to the tenor and effect of the within written Indenture.

In the presence of—
John Bowling x his mark.

No. 292aO.L.C. A True Copy of Original Deed.

H. Hanson Turton.

Wellington, 9th April, 1879.