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.