(Enclosure in No. 336.)
Agreement between J. W. McNee and Trustees of Paul and Co.,
Sydney.Missive of Agreement between J. W. Macnee of Kiamala, St.
Vincent, on the one part and the Trustees of Paul & Co. Merchants in
Sydney on the other part relative to a speculation p. the Schooner "Ariel" to New
Zealand in the month of September 1839, in which the first mentioned party to this
holds a fifth interest and also relative to a piece of land on the river Wairoa in
the district of Kaipara New Zealand purchased by Paul & Co. in the name of
the said J. W. Macnee, and of which he holds an interest to the extent of one
third while Paul & Co. hold the remaining two thirds, Witnesseth That Paul
&. Co. having all along been under the entire outlay of money on the two
accounts above named, and their Trustees being now anxious to have the same closed
in so far as it is practicable hereby agree to relieve and do relieve the said J.
W. Macnee his heirs executors and assigns from his contemplated share of the loss
on the adventure p. the schooner "Ariel" provided and in consideration of he the
said J. W. Macnee agreeing to make over to the Trustees of Paul & Co. the
one third share which he holds in the above mentioned land on the river Wairoa
which he hereby now, for himself his heirs executors and assigns now does upon the
understanding that, should the one third share in the said land produce more than
the said J. W. Macnee's one fifth loss on the Ariel's adventure then and in that
case the surplus to stand against the loss if any which may arise on J. W.
Macnee's account with Paul & Co., say to J. W. Macnee's proportion of loss
in that firm which will be one half.
It is also hereby clearly understood by both parties and agreed to by J. W.
Macnee, that he, in any way while he may be required to act relative to the land
on the river Wairoa shall do so, notwithstanding of this arrangement, in every
respect as if he remained the proprietor, in part of it, receiving from the
Trustees of Paul & Co. whatever actual expenses he may be put to in
completing these conditions.
The said J. W. Macnee also hereby binds himself his heirs executors and assigns
whenever the deeds of the property aforementioned shall have been duly completed
and delivered over to him by the New Zealand Government forthwith to transfer and
make over the same to the then acting Trustees of the firm of Paul & Co.
J. W. Macnee.
W. Drake.
Robert
Gow.
Witness to the signature of J. W. Macnee—
Henry
Walton.
page 2941844. 31 October.Certificate of notary public. I William Minithorpe of the City of Sydney in the Colony of New South Wales
Notary Public by royal authority duly admitted and sworn do hereby certify and
attest unto all whom it may concern that the paper writing before written is and
contains a true and faithful copy of a certain Missive of Agreement to me produced
and shown by William Wright of New Zealand, at present residing in Sydney, and
formerly a member of the late firm of Paul & Co. of the same place,
Merchants, I the said Notary having this day collated the same and found it to
agree in every respect with the said original Missive of Agreement of which the
said paper writing purports to be a copy Act whereof being required I have granted
the same under my Notarial form and seal of Office to serve and avail as occasion
shall or may require. Done and passed at Sydney aforesaid this thirty-first day of
October in the year of our Lord one thousand eight hundred and forty-four.
(L.S.) Wm.
Minithorpe,
Notary Public,
Sydney.
No. 11.O.L.C. A True Copy of Original Deed, Attested Agreement, and Notary's
Certificate.
H. Hanson Turton.
Wellington,
17th September, 1878.