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A Compendium of Official Documents Relative to Native Affairs in the South Island. Volume Two.

[statements of Chief Judge Fenton, Mr. Colishaw and Mr Williams]

The Court opened shortly before noon.

The Chief Judge intimated that he would be unable to give his judgment in the case of Heremaia Mautai and others (who claim all the land lying between Lake Ellesmere and the sea) until next morning. He desired to call Mr. Cowlishaw's attention to the fact that "The Canterbury page 210Association Act" contained a clause entirely repealing the 18th chapter of the Royal Instructions. Suppose the Canterbury Association had sold all the land in Canterbury, what then?

Mr. Cowlishaw: No title would pass by it. Clearly, I submit, there is no title to any European in the land in Canterbury. The Natives have the title.

The Chief Judge: But in cases where the land has been Crown granted ?

Mr. Cowlishaw: The Court must recollect that we are going on a piece of land not alienated at the present time. Were we setting up a claim to land that has been Crown granted, it would be a different thing. We should have to go into another Court.

The Chief Judge inquired of Mr. Williams if the Land Claims Ordinance, 1841, had been repealed.

Mr. Williams replied that portions of it only had been repealed

Some discussion took place between the counsel on both sides and the Court. Mr. Cowlishaw, on behalf of the claimants, contended that the deed, known as Kemp's Deed, was illegal, and that the title to the lands mentioned in it belonged to the Native people.

The Chief Judge said he would like to put a few more questions to Mr. Mantell

Mr. Mantell re-called: The purchase-money amounted to £2000. I cannot say distinctly from memory, how much of that I paid. I made two distributions-the first of £500, and the second of £1000. I took a receipt for both distributions. The last was to the purport stated in the printed document I hold in my hand. I gave the receipts to the Government. It was my endeavaur in that final receipt in some measure to repair the errors of the deed. The last diistribution was made partly at Akaroa and partly in Otago, for the convenience of the recipients. I have no recollection of paying Heremaia Mautai £50, or anything. I don't think he was one of the recipients from me. The Chief Judge hoped by to-morrow to be able to announce the decision of the Court.