Mitchell Library, State Library of New South Wales

W. C. Wentworth - agreement between W.C. Wentworth and John Jones of Sydney and Maori chiefs for purchase of land in New Zealand, 15 Feb. 1840
MLMSS 7574

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THIS INDENTURE made the fifteenth day of February in the year of Our Lord one thousand eight hundred and forty Between John Towack King and Chief of Tavai Poenammoo or Kaikaldu being the Middle of the Group of Islands called New Zealand and also of the Southern Island of the same Group called Stewarts Island Jackey White, Kaikoraira, Tuckawa, Tyroa and Bogener Chiefs of Otago in the said Island of Tavai Poenammoo Tohowack, Patuckie or Tobie Chiefs of the Island of Kobuchi of the one part and William Charles Wentworth of Sydney in the Colony of New South Wales Esquire and John Jones of the same place Merchant of the other part Witnesseth that for and in consideration of the sums respectively paid and of the several annuities hereby granted by them the said William Charles Wentworth and John Jones to the said John Towack, Jackey White, Kaikoraira, Tukawa, Tyroa, Bogener, Tohowack and Patuckie or Tobie (that is to say) of the sum of one hundred pounds of lawful British money and an annuity of fifty pounds a year during the term of his natural life to the said John Towack of the sum of twenty pounds of like lawful money and an annuity of ten pounds a year for the term of his natural life to the said Jackey White of the like sum of twenty pounds of like lawful money and of an annuity of ten pounds a year for the term of his natural life to the said Kaikoraira of the like sum of twenty pounds of like lawful money and of an annuity of ten pounds a year for the term of his natural life to the said Tuckawa of the like sum of twenty pounds of like lawful money and of an annuity of ten pounds a year for the term of his natural life to the said Tyroa of the like sum of twenty pounds of like lawful money and of an annuity of ten pounds a year for the term of his natural life to the said Bogener of the like sum of twenty pounds of like lawful money and of an annuity of ten pounds a year for the term of his natural life to the said Tobowack of the like sum of twenty pounds of like lawful money and of an annuity of ten pounds a year for the term of his natural life to the said Patuckie or Tobie the receipt of wbicb said several sums of money they the said parties hereto of the first part do respectively admit and acknowledge and of and from the same acquit release and discharge the said William Charles Wentworth and John Jones their heirs, executors and administrators He the said John Towack Hath given granted and enfeoffed and by these presents Doth give grant and enfeojf And the said Jackey White, Kaikoraira, Tuckawa, Tyroa, Tohowack, Bogener and Patuckie or Tobie Have and each of them Hath given granted aliened enfeoffed released ratified and confirmed and by these presents Do and each of them Doth give grant alien enfeoff release ratify and confirm unto the said William Charles Wentworth and John Jones and their heirs and assigns All and singular the aforesaid Island of Tavai Poenammoo or Kaikaldu also called the Middle Island of New Zealand also the Island called Stewarts Island and all and singular the Islands Islets Rocks and Reefs thereto adjacent or appertaining situate between the degrees of Forty and Forty nine degrees South Latitude and One hundred and sixty five and One hundred and seventy six degrees of East Longitude Together with all seas harbours coasts bays Inlets rivers Lakes, Waters Mines Minerals Fisheries Woods Forests Liberties Franchises profits emoluments advantages hereditaments rights members and appurtenances whatsoever to the same belonging or in anywise appertaining And the reversions and remainders yearly and other rents issues and profits thereof And all the estate right title interest use trust possession inheritance claim or demand whatsoever both at law or in equity of them the said John Towack Jackey White, Kaikoraira, Tuckawa, Tyroa, Bogener, Tohowack and Patuckie or Tobie of into or out of the same hereditaments or any part thereof To have and to hold the said Islands of Tavai Poenammoo or Kaikaldu and Stewarts Island together with the small Islands reefs and Islets contiguous or adjacent thereto with all and singular their rights members and appurtenances unto the said William Charles Wentworth and John Jones To the use of the said William Charles Wentworth and John Jones their heirs and assigns as tenants in common (save and except such portions of the said Island of Tavai Poenammoo or Kaikaldu and of the adjacent Islands as have been already disposed of by the said King John Towack or the aforesaid chiefs and also the Island of Robuchi) And the said John Towack, Jackey White, Kaikoraira Tuckawa, Tyroa, Bogener, Tohowack, and Patuckie or Tobie the aforesaid Islands lands hereditaments and premises with the aforesaid appurtenances unto the said William Charles Wentworth and John Jones and against them the said John Towack,Jackey White, Kaikoraira, Tuckawa, Tyroa, Bogener, Tohowack and Patuckie or Tobie and their heirs shall and will warrant and for ever defend And the said William Charles Wentworth and John Jones hereby covenant with the said John Towack, Jackey White, Kaikoraira, Tuckawa, Tyroa, Bogener, Tohowack, and Patuckie or Tobie and their respective executors and administrators that they the said William Charles Wentworth and John Jones their heirs executors or administrators shall and will well and truly pay to the said John Towack a clear annuity or yearly sum of Fifty pounds to the said Jackey White, Kaikoraira, Tuckawa, Tyroa, Bogener, Tohowack and Patuckie or Tobie the clear annuity or yearly sum of ten pounds each for and during the term of their respective lives payment whereof shall be made on the first day of January in each year And the said William Charles Wentworth and John Jones do hereby make constitute and appoint and in their place put and depute jointly and severally Edwin Palmer and William Sterling as their true and lawful attorney and attornies for and in their names to enter upon and accept from the said John Towack, Jackey White, Kaikoraira, Tuckawa, Tyroa, Bogener, Tohowack and Patuckie or Tobie full possession and seizin of all and singular the said Islands lands hereditaments and premises hereby enfeossed and of any part thereof in the name of the whole according to the true intent and meaning of these presents And the said John Towack, Jackey White, Kaikoraira, Tuckawa, Tyroa, Tyroa, Bogener, Tobowack and Patuckie or Tobie do hereby make constitute and appoint and in their place and stead do severally and respectively place and depute Edward Catlin and Jobn Hoyle of Sydney Mariners jointly and severally as their true and lawful attornies for and in their name and names to deliver full pofsefsion and seizin of all and singular the aforesaid

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Islands lands hereditaments and premises witb all their appurtenances unto the said William Charles Wentworth and John Jones their beirs and assigns according to the true intent and meaning of these presents In Witnefs whereof the said parties to these presents have hereunto set their hands and Seals the day and year first herein before written.-
W. C. Wentworth
John Jones

Signed sealed and delivered by the said William Charles Wentworth and John Jones in the presence of
F. W. Unwin John Westmore
Signed sealed and delivered by the said John Towack, Jackey White, Kaikoraira, Tuckawa, Bogener and Tohowack in the presence of
F. W. Unwin John Westmore
John Cubban John Robinson

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Received the day and year first within written of and from the within named William Charles Wentworth and John Jones the sum of One hundred pounds of lawful money of Great Britain being together with the annuity of Fifty pounds in the written deed mentioned and thereby granted the full consideration to be paid by them by me. Witnefs
F. W. Unwin
John Towack

} £100

We severally and respectively acknowledge to have each of us received on the day and year fast within written of and from the within named William Charles Wentworth and John Jones the sum of Twenty pounds of lawful money of Great Britain being with the several annuities of Ten pounds a year in the within deed mentioned and to each of us respectively granted the full consideration to be paid by them to us.
Witnefs
F. W. Unwin
Jackey White
Kaikoraira
Tuckawa
Bogener
Tohowack
Tyroa
Patuckie

Signed sealed and delivered by the said Tyroa and Patuckie or Tobie in the presence of
Witnefs
John Cubban
John Robinson

Be it remembered that on the Second day of April in the year of our Lord one thousand eight hundred and forty the within named John Towack, Jackey White, Kaikoraira, Tuckawa, Tyroa, Bogener, Tohowack and Patuckie or Tobie by the within named Edward Catlin and John Hoyle -- their attornies did deliver full and peaceable pofsefsion and seizin of the within mentioned Islands, Islets, reefs, rocks, lands, hereditaments and premises with all and singular their appurtenances unto the within named William Charles Wentworth and John Jones by the within named Edwin Palmer and William Sterling their attornies To hold the same unto the said William Charles Wentworth and John Jones their heirs and assigns for ever according to the form and effect and true intent and meaning of the within written deed in the presence of us whose names are hereunto subscribed. Witnefs our hands...
Edwd Cattlin
James Bruce
John Hoyle
James Anderson
Thomas Emery