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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. 382

Deeds—No. 382.

Whitianga Block, Mercury Bay, Coromandel District.

To all whom it may concern Know ye that we Te Rahui, Hare, Hokianga, Miparata, 1837. 22 October.Coromandel District.Kawhero, Horotiu and others whose names or marks are hereunto attached, Chiefs of the tribes of Ngatipaoa and of other tribes of Mercury Bay and of the River and Frith Whitianga. G. D. Browne.of Thames on our own behalf and on behalf of each and every person of our respective tribes Do give, grant, bargain and sell and confirm unto Gordon Davis Browne his heirs and assigns for ever All that land on the Southern side of the River of Mercury Bay Boundaries. [2,000 acres.]lying between the small creek or rivulet called Okuao falling into the river near the mouth of the branch river called Ngana Nganaia and Purangi or Oyster River in Cook's Bay, the said land being bounded on two sides between Okuao and Purangi aforesaid by the margin of the river and by the tide of part of Mercury Bay, and on the third or Easternmost side by the river of Purangi from its mouth to its source or extreme rise; and on the last or Southernmost side by a straight line to Okuao aforesaid. Also all that land commencing at Waitanoa on the Western side of the before named river of Mercury Bay and following the course of the said river as a boundary as far as a sandy shoal or pit called Huke-Huke at the mouth of the said river and thence along the page 346margin of the Sea or Bay to the creek called Arerowhero which completes the waterside boundaries. Thence it follows the road or usual track towards Whangapoa until it has attained the highest ridge or until the said road begins to descend towards the said Whangapoa which terminates the Eastern boundary. On the North West and South side or thereabouts it follows the highest ridge of mountains heading the source of all rivers, creeks, streams, ravines, vallies, until by a circuitous route it meet and join the boundary of Omuora and Waitanoa aforesaid. And these boundaries include the rivers Whangamaroro, Kaimarama, Mahakirau, Waito and all subsiding streams and all forest land and all other land located or unlocated, tapu or free, named or unnamed, to have and to hold the above granted and bargained lands with all the forests timber, water and other appurtenances thereof unto the said Gordon Davis Browne his heirs and assigns for ever to his and their proper use and behoof. And we the said Rahui, Hare, Hokianga, Miparata &c. and others do for ourselves and our heirs covenant with the said Gordon Davis Browne his heirs and assigns that until the completion of this present grant or bargain we have full right to bargain and sell the same in manner and form as above written and that the same is free of all incumbrances whatsoever And furthermore, Whereas some part of the said land so bargained and sold are in present occupation by people of our tribes for purposes of agriculture or temporary residence and by the completion of this sale or bargain such residents have no further right whatsoever to the said soil or its appurtenauces or to reside thereon We the said Rahui, Hare and others do hereby covenant and bind ourselves and our heirs that the said residents shall quit and resign at any time at the will and command of the said Gordon Davis Browne his heirs and assigns and that the said residents shall acquire no permanent right by such possession on sufferance except by special grant or bargain from the said Gordon Davis Browne his heirs or assigns And that during such residence or occupation on sufferance the said residents shall in allwise conform to and obey any laws or regulations enacted or issued by the said Gordon Davis Browne his heirs or assigns for the well-being of themselves and of the general population at the time being. And furthermore We the said Rahui and others do by these presents bind ourselves and our heirs for ever to warrant and defend the above granted and bargained lands to him the said Gordon Davis Browne his heirs and assigns against all claims and demands whatsoever. Receipt.In consideration thereof we acknowledge this day to have received from the said Gordon Davis Browne the sum of £140 Sterling in Spanish Dollars and Articles of Merchandize in full satisfaction of this said Grant or Bargain. In Witness whereof we have hereunto set our signatures or marks this 22nd day of October 1837 at Mercury Bay, New Zealand.

Rahui.
Miparata. L.S.
Aaoroa x. L.S.
Horotiu. L.S.
taiarea x. L.S.
hakiwara. L.S.
Hare l.s.
Hokianga x. l.s.
Kawhero. l.s.
Rangitu x. l.s.
Kawehitiki x l.s.
te aeoroa. l.s.

Witnesses—

Potaua.
taharoku.
tauhore.
Thomas Bryan.
Richd. Wise.

A True Copy.

Henry Clarke, Int.

No. 408a.O.L.C.A True Transcript of Certified Copy of Original Deed.

H. Hanson Turton.

Wellington, 6th January, 1880.