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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. 391

Deeds—No. 391.

Oahuru Block, near Koputauaki, Coromandel District.

This Indenture made the 26th day of January in the Year of our Lord 1840, between 1840. 26 January. Coromandel District. Ho[gap — reason: illegible]atiu of Koputawaki of the one part and William Houston late of Sydney in the Colony of New South Wales but now of O, Ahudu in the Territory of New Zealand, Oahuru. Gentleman of the other part. Whereas the said Horatiu being Chief of the Tribe of W. Houston. page 354Matiwadu in the Territory of New Zealand and having right and authority to alienate the land hereinafter described hath contracted with the said William Houston for the sale to him of the said land and the same is now intended to be enfeoffed and conveyed to the said William Houston in manner hereinafter expressed. Now this Indenture Consideration.witnesseth that in consideration of 2 Double Barrelled Guns, 1 single Barrelled Gun, 1 Cloak 12 Gray Jackets 6 pair of Drawers 8 pr. of Trowsers 2 barrels of Powder 2 bags of Shot 5 flannel blue and red Shirts 4 red Night Caps 10 Handkerchiefs 1 Scarf 8 Gown Pieces 1 lb. Tread 8 Blankets 1 Hand Saw 3 Chisels 9 small Axes, 3 large Axes 2 Looking Glasses 3 straps with buckles 2 boxes Caps 3 Pistols 3 China Pipes Thirty Shillings in silver and One Pound in gold British Sterling, in hand well and truly paid and delivered by the said William Houston to the said Horatiu 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 land and hereditaments hereinafter described and intended to be hereby enfeoffed and conveyed I the said Horatiu do hereby acknowledge And from the same and every part thereof doth acquit release and for ever discharge the said William Houston his heirs and assigns and also the said land he the said Horatiu hath given granted and enfeoffed and by these presents doth give grant enfeoff and confirm unto the said William Houston and his heirs all Boundaries. [200 acres.]that piece or parcel of land called O, Ahudu near Koputawaki Bounded on the North by a hill called Papakoranga and Terangihaukaha; on the East marked on a tree called Tiho Kahitu: on the West marked on a tree called Okotare: on the South by the Sea or howsoever otherwise the said land and premises of any part thereof is bounded situated known and distinguished, together with all ways, paths, water, woods, timber, and other trees, minerals and all appurtenances to the said land and premises belonging or in anywise appertaining. And all the right and title whatsoever of him the said Horatiu or of any of the said Tribe of Matiwadu 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 privileges advantages and appurtenances whatsoever unto and for the use and behoof of the said William Houston his heirs and assigns for ever, And the said Horatiu for himself and his heirs doth hereby covenant with the said William Houston his heirs and assigns that he the said Horatiu and his heirs do shall and will warrant and for ever defend unto and to the use of the said William Houston his heirs and assigns all the said piece or parcel of land and premises hereby granted and enfeoffed against him the said Horatiu and his heirs and against all and every other person and persons whomsoever claiming the said land and premises or any part thereof. In Witness whereof the said parties to these presents have herewith set their hands and seals the day and year first above written.

Horatiu.
Na te Wareparu.
Manu x.
Te Ware x.
Na te Ware wenua.

Signed sealed and delivered by the said Horatiu the same having been first read over and explained to him which he seemed perfectly to understand, in our presence—
Thomas Ley Keddie, Brewer, Sydney.
John Skelton, Coromandel Harbour.

Peaceable Possession given. Be it remembered that on the 26th day of January, 1840, peaceable and quiet possession and full seizin of the land and hereditaments within mentioned to be granted and enfeoffed to the within named William Houston was openly had and taken by the within named Horatiu and by him delivered to the said William Houston to hold the same unto and to the use of the said William Houston and his heirs according to the purport and the intent and meaning of the within written Indenture in the presence of us whose names are hereunto subscribed.

Witness—
Thomas Ley Keddie, Brewer, Sydney.
George Taylor, Coromandel Harbour.

Receipt. I acknowledge to have received on the day of the date of the within written Indenture of the within named William Houston, 2 double barrelled Guns &c. &c. (as before named) 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.

Manu x.
Horotiu.
Tewarre.
Na te Waparu.
Na te Warewenua.

Witness—
John Skelton, Coromandel Harbour, Master Mariner.
Thomas Ley Keddie, Brewer, Sydney.

True Copy.

Henry T. Clarke.

No. 459.O.L.C. A True Transcript of Certified Copy of Original Deed.

H. Hanson Turton.

Wellington,10th February, 1880.