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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

(Enclosure.) — Part Transfer from Charles H. Moffitt to James Dilworth

(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.