27

A.—4

(1.) Bth October, 1845. William Abercrombie to Robert Campbell and Andrew Blotvcrs Smith (Conveyance).—After reciting the grant, Ist May, 1844, of 5,000 acres at Piako to Peter Abercrombie ; and reciting the grant, Ist May, 1844, to Peter Abercrombie of 125 acres at Coromandel Harbour; and reciting that William Abercrombie was entitled to the greater portion of those two allotments, and that the same were granted to Peter Abercrombie as a trustee of such portions for William Abercrombie; and reciting that William Abercombie was entitled to 150 acres at Kopu, in the Thames, and that it was intended to grant the same to Peter Abercrombie as a ■ trustee for William Abercrombie, and reciting that William Abercrombie also claimed to be entitled to 15,000 acres at the Thames and 25,000 acres at the Great Barrier; and reciting that, by a mortgage dated 24th August, 1843, William Abercrombie and John Mackay, his partner in trade, had conveyed to Eobert Campbell and Andrew Blowers Smith all their lands, &c, whatsoever and wheresoever, and the personal estate of Abercrombie and Mackay, subject to a proviso for redemption, to secure certain debts and advances, with power of sale in case of default; and reciting that there was still a large sum of money remaining due from Abercrombie and Mackay to Campbell and Smith, the exact amount whereof was not ascertained, and that Campbell and Smith were desirous that the same should be still further secured by an assignment of Abercrombie's interest in the above-men-tioned allotments : Witnesses that, in consideration of the moneys to them due by Abercrombie and Mackay, William Abercrombie conveys and assigns to Campbell and Smith all his interest in the lands granted by the two above-recited grants ; and also the 150 acres, 15,000 acres, and 25,000 acres, and all his right, claim, &c, both at law and in equity, to any of the said lands : Subject to the same provisoes for redemption, &c, as were contained in the said mortgage of 24th August, 1843. [Note. —It is not necessary to recite the mortgage of 24th August, 1843, here; but I have examined it, and find the preceding recital of its contents to be correct.] (2.) 13th February, 1846. Peter Abercrombie to Robert Campbell and Andrew Blowers Smith (Mortgage).—After reciting the same two grants, dated Ist May, 1844, as are referred to in the preceding deed, for 125 acres at Coromandel and 5,000 acres at Piako ; and reciting that, by mortgage dated Ist January, 1845, Edward Chalmers, Jeremiah Nagle, William Webster, and Peter Abercrombie, and also William Abercrombie, John Mackay, and Charles Abercrombie, had conveyed certain lands in New Zealand to Campbell and Smith, to secure debts and advances (subject to proviso for redemption); and reciting that Campbell and Smith were desirous of having such advances further secured : Witnesses that, in consideration of such advances, Peter Abercrombie conveys the two above-mentioned parcels of land to Campbell and Smith : Subject to such proviso and powers as were contained in the said mortgage of Ist January, 1845. [Note. —The mortgage of Ist January, 1845, is not with the other deeds in Whitaker and Heale's bundle of papers relating to their claims. It is immaterial, however, except as to Peter Abercrombie's right to Kopu.] (This mortgage has now been exhibited by Frederick Whitaker, before me, sth March, 1862.— F. D. Bell.) 3. Ist April, 1851. Bobert Campbell and Andrew Blowers Smith to J. J. Falconer and the Bank of Australasia (Transfer of Mortgages).—After reciting that Jeremiah Nagle, being entitled to certain lands at the Great Barrier, had mortgaged the same to William Abercrombie, John Mackay, and Charles Abercrombie, to secure £1,466, and also that William Webster and Peter Abercrombie, being also entitled to other tracts of land in New Zealand, had mortgaged them to William Abercrombie and John Mackay to secure £3,267 ; and reciting the mortgage of 24th August, 1843 [above recited in No. 1] from Abercrombie and Mackay to Campbell and Smith; and reciting the grant, 6th July, 1844, of 8,070 acres to Nagle, and the grant, 6th July, 1844, of 8,080 acres to Webster, and the grant, 6th July, 1844, of 8,119 acres to Abercrombie, at the Great Barrier; and reciting that, by three deeds, dated 15th, 6th, and 15th July, 1844, Nagle, Webster, and Abercrombie had conveyed the land in those grants to Edward Chalmers nominally; and reciting the mortgage, Ist January, 1845, Chalmers, Nagle, and Webster, also Peter Abercrombie and William Abercrombie, and John Mackay, to Campbell and Smith [above recited in No. 2], whereby Chalmers, by the direction of the others, conveyed to Campbell and Smith the three parcels first, secondly, and thirdly next in the present transfer of mortgages described; and reciting the grant of 5,000 acres at Piako, and 125 acres at Coromandel to Peter Abercrombie ; and reciting the mortgages of Bth October, 1845 [No. I], and 13th February, 1846 [No. 2]; and reciting that there was still due from William Abercrombie and J. Mackay to Campbell and Smith £10,000 for cash advances, and from William Abercrombie, John Mackay, Charles Abercrombie, Jeremiah Nagle, William Webster, and Peter Abercrombie a further sum of £25,000 for cash advances, &c.; and reciting that Campbell and Smith, having become indebted to the Corporation of the Bank of Australasia in the sum of £35,000, had proposed to convey all the lands mentioned in the above deeds to the Bank in liquidation of such debt, which proposal the Bank had accepted, directing the conveyance to be made to Falconer : Witnesses that, in pursuance of such agreement, and for the considerations aforesaid, Campbell and Smith convey to Falconer and his heirs, — 1. The 8,070 acres at the Great Barrier granted to Nagle; 2. The 8,080 acres at the Great Barrier granted to Webster; 3. The 8,119 acres at the Great Barrier granted to W. Abercrombie ; 4. The 5,000 acres at Piako granted to W. Abercrombie ; 5. The 125 acres at Coromandel granted to P. Abercrombie ; 6. The right and interest of William Abercrombie to the 150 acres at Kopu, the 15,000 acres, and the 25,000 acres ; and 7. All other lands to which they (Campbell and Smith) are or may be entitled under the deed of 24th August, 1843, with all claim at law or in equity, &c, to the use of Falconer, &c, subject to the