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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

Pukaraka Block, Island of Waiheke, Auckland District

Pukaraka Block, Island of Waiheke, Auckland District.

1839. 14 December.Auckland District.This Indenture made the fourteenth day of December 1839, between Ko te Huhu Pukaraka. being chief of the tribe Ko Ngatimaru in the Territory of New Zealand of the one part and John Foster late of Sydney in the Colony of New South Wales Gentleman but John Foster.now of New Zealand aforesaid of the other part Whereas the said Ko te Huhu being chief of the tribe of Ko Ngatimaru in the territory of New Zealand and having right and authority to alienate the said hereinafter described land hath contracted with the said John Foster for the sale to him of the said Land for the price and consideration hereinafter mentioned and the land is now intended to be enfeoffed and conveyed to Consideration. the said John Foster in manner hereinafter mentioned. Now this Indenture Witnesseth that in consideration of 20 pr. Blankets, 1 Cask 210 lbs. Tobacco, 4 kegs 25 lbs. each Powder, 12 Iron pots, 6 spades, 10 tomahawks, 2 single barrelled Guns, 10 Shirts, 10 pr. canvass Trowsers, 20 Gowns, in hand well and truly delivered by the said John Foster to the said Ko te Huhu before the sealing and delivery hereof the receipt whereof and that the same is in full for the purchase of the inheritance in fee simple in possession of the land and hereditaments hereinafter described and intended to be hereby enfeoffed and conveyed the said Ko te Huhu doth hereby acknowledge, and from the same and every part thereof doth acquit release and for ever discharge the said John Foster his heirs and assigns and also the said land he the said Ko te Huhu hath given granted and enfeoffed and by these presents doth give grant enfeoff and confirm to the said John Foster and his heirs that land called Pukaraka situate in the Boundaries. [400 acres.]Harbour Wakareffer situate in the Eastern corner of the said Harbour and bounded on the South by a small creek running South and by East, thence round the basis of a hill to the East from thence along the ridge of the hills or mountains seen from the centre of the Beach and terminating at a point or bluff to the North West and thence along the harbour to the aforesaid creek being the boundaries of the aforesaid land or howsoever otherwise the said land or any part thereof is bounded situate known or distinguished together with all paths timber and other trees minerals and appurtenances to the said land belonging or in any way appertaining and all the right and title whatsoever of the said Ko te Huhu or of any of the said Tribe of Ko Ngati Maru 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 every of their rights privileges and advantages and appurtenances whatsoever unto and for the use and behoof of the said John Foster his heirs and assigns for ever And the said Ko te Huhu for himself his heirs doth hereby covenant with the said John Foster doth shall and will warrant and for ever defend unto and to the use of the said John Foster his heirs and assigns all the said lands hereby granted against him the said Ko te Huhu his heirs and against all and every person or persons whomsoever claiming the said land or any part thereof. In Witness whereof the said Ko te Huhu doth hereunto affix his signature the day and year first above written.

The mark of x Ko te Huhu.
John Foster.

Signed sealed and delivered by the said Ko te Huhu, the same having been first read over and explained to him which he seemed to understand in our presence—
Adam Keir.
Charles Walker.

Receipt. I hereby acknowledge to have received on the day of the date of the within written Indenture of the within named John Foster 20 pair blankets, 1 cask tobacco, 4 casks powder, 12 iron pots, 10 spades, 10 tomahawks, 2 single barrel guns, 10 shirts 10 pair trowsers 20 gowns being the full consideration within mentioned to be paid and delivered to me for the sale and conveyance of the said land and hereditaments within described.

The mark of x Ko te Huhu.

Witness—
Adam Keir.
Charles Walker.