The following Document was the legal indenture ( an agreement made between 2 or more persons ) made between James Salter, John Wilkinson George Stannard, and Richard Day and the Maori chief Parore whom the group purchased the land in the Kaihu, Kaipara area in the upper north Island of New Zealand
The next 7 pages are the transcription of this Document
Auckland city Libraries
New Zealand Manuscripts Online
Title Deed of assignment between Richard Day, Esquire, medical doctor of Cork, Ireland, and James Salter, John Wilkinson and George Stannard, all of Cork, Ireland, wherein Richard Day assigns and makes over to the above mentioned persons, seven eights parts or shares in a property he acquired from Parore the chief Kaihu, Kaipara, in the North Island of New Zealand.
MS Number NZMS 65
Time period 1 September 1840
Physical description 7p. 46.5x36cm.
The Manuscript was signed and witnessed Original copy slightly mutilated
Abstract Endorsed on original container: "Note: This Deed of Assignment was recovered from the wreck of the brig "Sophia Pate", on South Spit, Kaipara Harbour, Oct. 1841."
This Indenture made the first day of September in the year of our Lord one thousand eight hundred and forty .Between
Richard Day of the City of Cork in the kingdom of Ireland Esquire Medical Doctor of the first part
James Salter of the said city of Cork Silver Smith and Jeweller of the second part
John Wilkinson of the city of Cork Boot and Shoe maker of the third part and
George Stannard of the said City of Cork Cabinet maker of the Fourth part.
Whereas a certain Deed or instrument in writing bearing date the Seventh day of March one thousand eight hundred and thirty nine was executed by and between Parore the chief Kaihu,Kaipara in the north Island of New Zealand and the said Richard Day and in the words and figures following " Know all men" by those presents that of Parore have sold to Richard Day MD a part of my country the boundaires of which are as follows, Commencing at the
mouth of the Awakino ( Awakiri ) Creek and proceeding along the Wairoa River to the mouth of the Kaihu river thence along the middle of the said river to Taupaki ( Taupuki ) thence in a direct line to Waiupukura ( Wairuapakua ) thence along theTupihau to the water Komariere ( Komamari ) from thence in a straight line to the Awatotara there crossing the Kaihu steam and proceeding to the left side of ( Pukawarariki ) Pukawariki straight down into the upper part of the Awakino ( Awakiri ) thence along the Awakinos ( Awakiri ) until it falls into the Wairoa
These are the articles of payment which he is to give me when he returns from beyond the seas
forty four shirts, fifty pairs trousers ,fifty crown pieces ,one hundred blankets , two casks of Tobacco , one hundred pairs of braces , thirty coats, two womens cloaks ,fifty spades ,one bonnet ,five hats, one hair trunk ,five (six ) white shirts ,one pair of black trousers ,ten muskets, ten fowling pieces ,five double barrelled ditto , one breaking down saw ,eight feet [ illegible ] ditto seven feet ,two deal saws six feet,
two cross cut ditto, one box of nails, one chest of carpenters tools, five bags of shot No.2, five casks of powder, one horse, two boxes of soap, ten iron pots, five paper [? ] fish hooks, five dozen claspknives, five dozen scissors, five dozen razors, five dozen shaving boxes with glass, twenty felling axes, ten adzes, five dozen hatchets, one saddle and bridle, one watch with guard chain and seal, three bags of sugar, and fifty sovereigns of gold”
This is the deed of me Parore, the chief of Kaihu Kaipara. We the undersigned witnessed this deed J Hobbs, T Forsaith, G Stephenson Mangungu, 7th day of March 1839.The boundaries on the sea coast are Wairapakura and Mainau.
This is the deed of me Parore, Parore the chief, Kaihu, Mangungu the 7th day of March 1839. We the undersigned witnessed this deed J Hobbs, G Stephenson, T Forsaith as by said instrument reference being thereto had may appear And whereas the said Richard Day has agreed with the said
James Salter ,John Wilkinson and George Stannard to assign and make over to them the said James Salter,John Wilkinson and George Stannard seven eighth parts or shares of the said country, grounds and hereditaments and premises so granted by the said instrument the said Richard Day herby reserving to himself the remaining one eight part or share of the country so conveyed to him in consideration of the said James Salter , John Wilkinson and George Stannard paying and giving unto the said chief Parore for him the said Richard Day or giving to him the said Richard Day foe the purpose of the said Richard Day giving unto the said chief Parore the same the several articles, chattels, monies and things set forth in the said agreement entered into by the said Richard Day. Nov this indenture witnesseth that the said Richard Day in pursuance of said agreement and in consideration of the said
James Salter ,John Wilkinson and George Stannard paying and giving to the said chief Parore the different articles mentioned in the said agreement and of the sum of Ten shillings paid to him by the said James Salter ,John Wilkinson and George Stannard the receipt whereof is hereby acknowledged hath given granted bargained ,sold, assigned transferred and made over and by these presents he the said Richard Day doth give, grant, bargain, sell, assign, transfer and make over unto the said James Salter ,John Wilkinson and George Stannard their heirs and assigns. All that and those seven eighth parts or shares of the herein before mentioned premises described in the said herein before copies deed or instrument as a part of my country, meaning the country of the said Parore chief of Kaihu Kaipara
Commencing at the
mouth of the Awakiri Creek and proceeding along the Wairoa River to the mouth of the Kaihu river thence along the middle of the said river to Taupuki thence in a direct line to Wairapakura thence along theTupihau to the water Mamari from thence in a straight line to the Awatotora thus crossing the Kaihu steam and proceeding direct to the left side of Pukuwarariki straight down into the upper part of the Awakiri thence along the Awakiri until it falls into the Wairoa The boundaries on the sea coast being Wairapakura and Wairau and which was so granted to the said Richard Day by said herein before mentioned Instrument of the seventh day of March one thousand eigth hundred and thirty nine together with
All and every the ways, easements, path, passages, priviledged [sic] waters, watercourses appendances [sic] and appurtenances to the said country lands and hereditaments [?] belonging or any wise appertaining. To have and to hold the said hereby granted and assigned lands tenements and hereditaments with their appendances and appurtenances as foresaid with the said James Salter, John Wilkinson and George Stannard their heirs and assigns from henceforth forever. And the said Richard Day doth hereby for himself and his heirs and assigns covenant promise and agree to and with the said James Salter, John Wilkinson and George Stannard their heirs and assigns in manner following that is to say, that the said Richard Day and his heirs shall and will from time to time and at all times for ever hereafter when thereunto requested by the said James Salter, John Wilkinson and George Stannard their heirs and assigns and at the costs and charges in the law the said James Salter ,John Wilkinson and George Stannard their heirs and assigns make do perfect and execute or cause and procure to be made done perfected and executed all and every such further and other acts deeds matters and things whatsoever as shall be necessary for the further better and more effectively granting and assigning the said hereby granted and assigned country lands and hereditaments with their appendances unto the said James Salter ,John Wilkinson and George Stannard their heirs and assigns as they the said James Salter ,John Wilkinson and George Stannard their heirs and assigns or their counsel learned in the law shall reasonably advise devise or require .And the said James
Salter, John Wilkinson and George Stannard do hereby for themselves their heirs and assigns covenant promise and agree to and with the said Richard Day and his heirs in manner following, that is to say, that the said James Salter, John Wilkinson and George Stannard their heirs and assigns, shall and will at their own proper costs and charges furnish to , provide for, pay and give to the said Parore,the several articles matters and things mentioned and specified in the said herein before mentioned instrument and also pay unto him the sum of money therein mentioned and shall and will protect and save and harness the said Richard Day and his heirs of and from all or any part of the same and of and from all or any costs losses or damages and expenses attending same. And it is hereby covenanted declared and agreed upon by and between all the parties hereto that as soon after securing possession of the said hereby ground and premises as convenience and arrangement will admit, the said several parties hereto shall and will proceed to partition and divide the same in just and fair manner and that for such purpose each party hereto shall and will choose and nominate an arbitrator upon his part to unite with arbitrators upon the part of the other and others of them to adjust and partition same, and that the partition and division so to be made shall be final, binding and conclusive between the parties and that it shall and may be lawful to and for the said parties hereto, if they shall so agree to divide and partition same by drawing lots the same being divided into lots, to be written on paper and put into hat or open box and each party or a representative on his part to draw out an equal number
of lots as shall be equal to his part and for the purpose of ascertaining who shall draw first, that the said parties shall by lot ascertain the order in which they shall respectively draw and that neither party shall after entering upon the particular manner of partitioning be allowed to retract or disapprove and disagree to same and in case of a refusal upon any or either of the parties to proceed to a completion of the same that then and in such case the other parties to draw the lot for the same person then objecting and that such shall be bound to accept the lot so drawn as if the same had been drawn by himself. And it is hereby declared and agreed that nothing herein contained shall be deemed or taken to be a warranty of title in any manner by or on the part of the said Richard Day he having executed these presents upon the express faith and understanding of not being involved in any responsibility whatsoever by reason of signing these presents or be understood in any manner to pledge or warrant title either in the said chief Parore or in him the said Richard Day as assigned thereof, nor to warrant as possession thereof to be given by the said chief Parore, the said James Salter, John Wilkinson and George Stannard accepting and taking the presents with all the casualties and uncertainties of possession or confirmation of the said grant and ground from the said chief or in case of his death of his successors any thing herein contained to the contrary notwithstanding. In witness whereof the said parties to these presents have hereunto subscribed their names and affixed their seals the day and year fist herein written
Richard Day (seal), James Salter (seal), John Wilkinson (seal), George Stannard (seal).
Signed sealed and Delivered
In presence of
Richard Neville Parker
No.60 Southmall City of Cork Ireland
73 Southmall City of Cork Ireland
I Edward Robinson of No73 Southmall City of Cork Ireland do herby attest that these presents were duly executed in my presence, and in the presence of Richard Neville Parker of 60 Southmall Cork solicitor the day and year within mentioned by the parties Richard Day, James Salter,John Wilkinson and George Stannard in this deed named and which I attest as a Notary Public by royal Authority duly admitted and sworn under my seal of office this first day of September 1840
Edward Robinson (seal)
Received from the within named James Salter, John Wilkinson and George Stannard the sum of Ten Shillings being the consideration money in the within deed mentioned the day and year first in these
Richard Day MD
Richard Neville Parker
Edward Robinson NP