(Enclosure.)
Part Transfer from Charles H. Moffitt to James Dilworth.
Articles of Agreement made and entered into this 12th day of April in the year
1844 Between Charles Henry Moffitt of Auckland Dentist of the one part and James
1844. 12 April.Remuera.James Dilworth. Dilworth of the same place Accountant to the New Zealand Banking Company
of the other part Whereas the said Charles Henry Moffitt has become the purchaser
from a Native Chief named Weteri (pursuant to the Government regulations) of a
certain piece of Land on the Manukau Road between Mount Hobson and Mount St. John
containing fifty acres or thereabouts. And whereas the said Charles Henry Moffitt
hath agreed with the said
James
Dilworth for the sale to him of the said piece of Land Now this Agreement
Witnesseth that in consideration of the Sum of Five Pounds
Receipt.(the receipt whereof is hereby acknowledged) He the said Charles Henry
Moffitt doth hereby agree to sell and the said
James Dilworth doth hereby agree to purchase All that
the
Boundaries. [50 acres.]said piece of Land on the Manukau Road situated between Mount Hobson and
Mount St. John containing Fifty Acres or thereabouts and all the right title
interest or claim of him the said Charles Henry Moffitt therein or thereto And the
said Charles Henry Moffitt doth hereby for himself his heirs executors and
administrators covenant unto the said
James
Dilworth his heirs executors administrators and assigns that he the said
Charles Henry Moffitt or his heirs and all other necessary parties shall and will
(as soon after the delivery of the Crown Grant of the said piece of Land as he or
they shall be thereunto requested) but at the expense of the party requiring the
same make do and execute or cause to be made done and executed to the said
James Dilworth his heirs or assigns or to
whomsoever he or they shall appoint or direct a Legal or proper Conveyance or
Legal and proper Conveyances for the better and more satisfactory conveying and
assuring the said hereinbefore mentioned piece of Land to the said
James Dilworth his heirs or assigns for
ever. And in consideration of the premises aforesaid the said
James Dilworth doth hereby for himself his heirs
executors and assigns covenant to and with the said Charles Henry Moffitt his
heirs executors and administrators that he the said
James Dilworth his heirs executors administrators or
assigns shall and will pay the balance of the purchase money of the said piece of
Land at the times and in the manner agreed upon between the said Charles Henry
Moffitt and the Native Chief hereinbefore named for the payment of the same and
shall and will pay all taxes charges or imposts now payable or hereafter to be
made payable on the said piece of Land to the Government of New Zealand, And also
shall and will have the said land duly surveyed and in all things comply with the
Government regulations now made or hereafter to be made
page 444in respect to Native purchases. And the said
James Dilworth doth hereby also covenant
as aforesaid that when and as soon after the conveyance of the said piece of Land
as hereinbefore mentioned as he the said
James Dilworth his heirs or assigns shall be thereunto required that he
or they shall and will convey and assure (but at the expense of the party
requiring the same) unto the said Charles Henry Moffitt his heirs or assigns or as
he or they direct or appoint Twenty acres of land situated as aforesaid adjoining
the land purchased by W. Grahame with a proportionate frontage upon payment to him
the said
James Dilworth his heirs
executors administrators or assigns by the said Charles Henry Moffitt his heirs
executors or administrators of a proportionate charge for the said Twenty acres of
all purchase money and other charges and expenses payable for the whole of the
said land One year from the date of the Original Conveyance to the said
James Dilworth his heirs or assigns
executors or administrators for the payment of such proportionate charge. And for
the due fulfilment of this Agreement and of all and every the Covenants
hereinbefore mentioned the said parties do hereby mutually bind themselves one to
the other and their several and respective heirs executors administrators and
assigns in the sum of Two Hundred Pounds Sterling to be taken as liquidated
damages. In Witness whereof the said parties hereto have hereunto set their hands
and seals the day and year first within written.
(Signed.) C. H. Moffitt.
J. Dilworth.
Signed Sealed and delivered by the said parties in the presence of—
Thos. E. Conry, Solr. Auckland.
William Smithson, Publican, Auckld.
No. 1.P.C. A True Transcript of Office Copy of Original Deed and Transfer.
Wellington,
11th June, 1880.
H. Hanson Turton.