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The Pamphlet Collection of Sir Robert Stout: Volume 73

Exhibit No. 2

Exhibit No. 2.

(The Muaupoko people to Major Kemp, Te Rangihiwinui.)

To all to whom these presents shall come: the undersigned parties hereto, being members of the Muaupoko Tribe, residing at or near to Horowhenua, in the Provincial District of Wellington, send greeting:

Whereas on the tenth day of April, one thousand eight hundred and seventy-three, a certificate of title under the seventeenth section of "The Native Lands Act, 1867," was issued by the Native Land Court for the Horowhenua Block, containing fifty-two thousand acres of land, and situate on the west coast of the Wellington Provincial District aforesaid, in the name of Keepa Te Rangihiwinui, the names of other persons to the number of one hundred and forty or thereabouts being registered on the books of the Native Land Court as owners according to Native custom and indorsed accordingly on the said certificate of title, pursuant to the said seventeenth section of the Act of 1867: And whereas the said Keepa Te Rangihiwinui, as such certificated owner was in law and in fact a trustee for the registered owners, and liable to account to them for all rents and profits received by him for or on account of the said Horowhenua Block, or any part thereof: And whereas, as a matter of fact, the said Keepa To Rangihiwinui did demise and lease, by deed, to one Hector Macdonald a portion of the said land for a period of fifteen years, at the rack-rent therein named, receiving as such trustee the annual rents reserved by the said deed of lease, accounting for the same and paying the money over to the registered owners from time to time, but taking no receipts or discharges in writing, such precautions being unusual and deemed unnecessary between chiefs and the tribes they represent: And whereas with the consent of the said page 17 registered owners certain deductions from the said rents were agreed to and made from time time on account of professional and other costs incurred by the said Keepa Te Rangihiwinui: And whereas the said Keepa Te Rangihihinui, in his capacity of a paramount Native thief, having in view the securing of certain benefits and rights to the Maori people under his immediate influence and control, and acting throughout under legal advice, incurred a heavy liability to Messrs. Sievwright and Stout for solicitors' costs and for moneys paid away to licensed interpreters and otherwise: And whereas the said Keepa Te Rangihiwinui, acting to behalf of the said registered owners, negotiated a sale to the Government of a portion or portions of the said Horowhenua Block, and then or afterwards duly received from the officers of the Crown the purchase-money agreed to be paid in respect thereof: And whereas a subdivision of the said Horowhenua Block was made by the Native Land Court is the year one thousand eight hundred and eighty-six: And whereas on the occasion of such subdivision a portion of the said block containing eight hundred acres was, by the general consent of the owners, vested in the said Keepa Te Rangihiwinui for the purpose of enabling him to settle the before-mentioned claim of Messrs. Sievwright and Stout: And whereas another portion of the said block was vested in the said Keepa Te Rangihiwinui for sale to the Government for the purpose of giving final effect to the negotiations for sale hereinafter referred to: And whereas all the said dispositions, applications, and appropriations were made with the full knowledge and consent of the said registered owners: And whereas the moneys which came to the hands of the said Keepa Te Rangihiwinui, by virtue or in respect of his representative position, and in pursuance of the hereinbefore mentioned arrangements, have been expended and applied in the manner at first intended or subsequently approved by the said registered owners: And whereas the said parties hereto are perfectly satisfied with the disposition, application, division, and distribution by the said Keepa Te Rangihiwinui of all such trust moneys and other moneys as aforesaid, and also with the management and disposition of the said trust estates and every part thereof: And whereas the said parties hereto acknowledge and admit that such division and distribution is in full satisfaction of their respective shares and interests therein as originally secured by the said voluntary agreement of the tenth day of April, one thousand eight hundred and seventy-three, or as modified by the subsequent agreement or agreements entered into by the parties on the division and apportionment of the said lands in 1886: And whereas it has been agreed to give unto the said Keepa Te Rangihiwinui a release and discharge for the same: Now, these presents witness that, in pursuance of the said agreement, and in consideration of the various payments and dispositions made as aforesaid and of other the premises, the said parties hereto do and each of them doth hereby absolutely release and for ever discharge the said Keepa Te Rangihiwinui, his heirs, executors, and administrators, from the rents and profits, Government payments, and other moneys hereinbefore referred to, and all other the trust estate and premises and the interest or income thereof and every part thereof respectively, and from all actions, proceedings, claims, and demands in relation thereto or otherwise under the said hereinbefore-mentioned trusts or any of them, or for or in respect of anything relating to the premises: And these presents also witness that in pursuance of the said agreement, and in consideration of the promises, the said parties hereto do hereby jointly, and each of them doth hereby severally, covenant with the said Keepa Te Rangihiwinui, his executors and administrators, that they the covenanting parties, and each and every of them, their and every of their heirs executors and administrators, will at all times hereafter keep indemnified the said Keepa Te Rangihiwinui, his heirs, executors, and administrators, from all actions, proceedings, claims, and demands on the part of any person or persons rightfully claiming through or by or on account of the said parties hereto or any of them: Provided always, and it is hereby agreed and declared, that, save as to back rents and profits and payments, the release herein contained shall not extend to or affect in any way any share or shares of or belonging in law or in equity to the said parties hereto or any of them in the block of land known as "Horowhenua Subdivision Eleven," containing fourteen thousand nine hundred and seventy-five (14,975) acres, being a part of the said before-mentioned block of fifty-two thousand (52,000) acres, and vested, or intended so to be, by general consent of the said registered owners in the said Keepa Te Rangihiwinui and Warena Hunia in trust for the Muaupoko Tribe.

In witness whereof the undersigned members of the said tribe have hereunto set their names this nineteenth day of October, one thousand eight hundred and ninety-two.

Ihaia Taueki

(his x mark). And sixty others.

Note.—Statement in Maori indorsed and certified to by Mr. Hector Macdonald, licensed interpreter; and all the signatures attested in due form by a Magistrate.