The Court opened at 10 o'clock.

Succession Cases.

These cases being called on, Mr. Rolleston said that Mr. Tancred would be in attendance at 11 o'clock, and as he had some of the Crown grants (according to the statement of the Natives), it would be well if the cases were postponed.

The case of Tamati te Au, Teone Pere, for an order of succession to Section 112, at Kaiapoi, formerly held by Tauteori, was dismissed, claimant not having produced the Crown grant, as directed so to do on the previous day.

In reply to the Court, Mr Maxwell said that the subpcena for Mr. Tansred's attendance at 10 o'clock, was written in English.

The business of the Court was suspended in consequence of the absence of Mr. Tancred (a messenger being sent for him).

Claim of Teote Karatiti, for an order of succession to Section 102, Kaiapoi, formerly held by Pitama Karatiti.

H. J. Tancred: I am Commissioner of Native reserves. I produce the Crown grant to Pitama Karatiti.

Mr. Cowlishaw appeared for the claimant, and said he could prove that Pitama Karatiti was dead.

George (a Maori) deposed: I knew the claimant's father, Pitama Karatiti. I live at Kaiapoi. Pitama Karatiti owned Section 102, Kaiapoi. I don't know the exact date of his death. Teoti is his only son. Pitama Karatiti mado a will, which I am in possession of. [Will produced.] That is the only will Pitama made. I did not see him make it. He did not part with his land in any way.

The Chief Judge said that the claimant could take out an order of succession.

In answer to the witness, the Chief Judge said that he would send down an order of succession as soon as he got back to Auckland.

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Claim of Wiremu Naihiri, for an order of succession to Section 19, Kaiapoi, formerly held by Marakaia Hape.

Mr. Cowlishaw appeared for the claimant.

Mr. Tancred produced the Crown grant conveying the section to the deceased.

Wiremu Naihiri deposed: I live at Kaiapoi. I knew Marakaia Hape. He is dead. He was a nephew of mine, a son of my sister's. Marakaia had no children, nor brother. His father is dead. Marakaia was the only child. I am the only relation alive. Marakaia wrote a will. I am in possession of it [will produced].

The Chief Judge said it appeared from the will that the claimant was the sole devisee. The will only wanted attestation.

Claimant: Marakaia made no other disposition of his property.

The Chief Judge said the claimant could take an order of succession.

Claim of Ramari, for an order of succession to Section 95, Kaiapoi, formerly held by Paora Tau.

Mr. Cowlishaw appeared for the claimant.

Ramari deposed that she lived at Rapaki. She knew that a Crown grant had been issued for the land. The Crown grant was at Kaiapoi. Pita had it in his possession. A white man stole it from Pita.

Mr. Cowlishaw said he could prove that the Crown grant was really lost. The duplicate could be produced.

The Chief Judge adjourned the case till a later period of the day, in order that evidence might be produced as to the issue of the Crown grant.

Claim of Honi Hikana (a child), for an order of succession to Section 27, Kaiapoi, formerly held by Tame Teio.

Mr. Tancred deposed that he did not know whether any Crown grant had been issued to Tame Teio. He did not think any Crown grants were issued before he became custodian of them as Commissioner.

Matene Piki deposed: I live at Kaiapoi. I knew Tame Teio. He is dead. He owned Section 27, Kaiapoi. No Crown grant has been issued for it. Mr. Buller apportioned Tame Teio a portion of land at Kaiapoi. Honi Hikana is in Court; he is a grandchild of Tame Teio. Tame Teio has no children alive. Tame Taio's father and Honi Hikana's father were descended from the same source. I have seen two of Tame Teio's children; they are dead; they left no children. The friends and relations have agreed that Honi Hikana should succeed Tame Teio. Tame Teio made no will, nor did he dispose of his property in any way.

Mr. William Rolleston: I live in Wellington. I know Mr. Walter Buller's signature. That signature is his. Mr. Buller was appointed to allot the Kaipoi reserve amongst Natives. The Government have issued a large number of Crown grants fo[gap — reason: illegible] the land apportioned by Mr Buller. They have no objection to a Crown grant being issued for this land. The reason why all the Crown grants have not been issued is owing to some insufficiency of survey.

The Chief Judge inquired (through the Interpreter), if any of the Natives had any objection to the land being made over to Honi Hikana.

Several Natives answered in the negative; and the Court ordered that Honi should succeed to the land.

Claim of Hariata Pohata for an order of succession to Section 107, Kaiapoi, formerly held by Honi Pohata.

Mr. Cowlishaw said that in this case the Crown grant had been issued by the Government to the claimant. The grant was made out in the names of the son and daughter of the deceased.

The case was withdrawn.

Claim of Reihana Paora, for an order of succession to Section 95, Kaiapoi, formerly held by Paora Tau.

The claimant deposed that Paora Tau was his father. He was dead. Claimant was his eldest son. Paora Tau made a will; the will had been burnt. Pita and many others saw the will made. Claimant was at the place at the time, but did not see his father write the will. There was a Crown grant for the land, but Mr. Tancred bad not given it to him. His father did not sell the land. The land is the same piece which Ramari (his mother) claimed.

Mr. Cowlishaw said he was not aware that this was a claim for the same piece of land as Ramari claimed. He thought there were conflicting interests in the case.

The Chief Judge said it would be found that there would be no hostility in the matter. He would adjourn the case until a later period of the day.

Claim of Wiremu Te Koti, for an order of succession to Section 78, Kaiapoi, formerly held by Te Wakina.

Aperahama Te Aika: I live at Kaiapoi. Wiremu Te Koti is at Moeraki. He is a small child. I knew Te Wakina; he is dead. He owned Section 78 at Kaiapoi. Te Wakina had one child, but he is dead. Wiremu Te Koti has got younger brothers and sisters. They agree that Wiremu should succeed to the land. Te Wakina made no will; he did not sell the land.

Mr. Tancred stated that the Crown grant had been made out to the claimant.

The claim was therefore withdrawn.

Mr. Cowlishaw appeared for the claimant.

Claim of Reone Te Pikihuia, for an order of succession to Section 37, Kaiapoi, formerly held by Honi Potoko.

Mr. Tancred produced the Crown grant to the deceased.

Te Meihana: I live at Kaiapoi. I knew Honi Potoko. He is dead. He did not make a will; he did not sell his land. Honi Potoko has no children alive. Reone is the nearest relative that can be brought forward.

The Court gave the order.

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Claim of Tauteori, for an order of succession to Section 112, Kaiapoi.

Mr. Cowlishaw said the Crown grant had been made out to the claimant.

The case was, therefore, withdrawn.

Claim of Kuru Maika, for an order of succession to Section 17, Kaiapoi.

Mr. Cowlishaw stated that in this case also the Crown grant had been made out to the claimant. There was, therefore, no necessity to proceed further.

The case was withdrawn.

The Chief Judge thought that the object of the applicants was to get Crown grants into their own hands.

Mr. Cowlishaw considered that the grants to minors would be safer in the custody of Mr. Tancred.

One of the claimants was called, and stated, as his reason for the Natives wishing to hare the Crown grants, that they were apprehensive that when the minors died out (the grants being in the hands of the Government), the Government would take possession of the land.

The Court (through the Interpreter) explained that the guardians of minors could apply for and obtain possession of their Crown grants from Mr. Tancred, if they wished to hare them.

On the application of Mr. Cowlishaw, the claims of Reihana Paora and Ramari to Section 95, Kaiapoi, were adjourned until next morning.

The Rapaki Dispute.

In the Rapaki dispute (partly gone into on Monday), Mr. Wynn Williams, who appeared on behalf of the Rapaki Natives as against the claim of the Natives of Kaiapoi, intimated that he would apply to the Court for an order compelling the claimants to guarantee the costs, if the Court gave judgment against them. From the evidence given in Court on the previous day, it appeared to him that the claim was a frivolous one. He would apply, therefore, that the plaintiffs pay into Court the sum of £20 before the case were proceeded with, so that in case they lost their suit, the defendants might not have to pay the expenses incurred in resisting a frivolous claim. The Rapaki Natives had been in possession nearly 20 years.

Mr. Cowlishaw (who appeared for the Kaiapoi Natives) contended that the application of his learned friend was rather premature. The case should first of all be proceeded with, and if the evidence showed that the claim was a frivolous one, then the Court could make an order of the nature asked for.

The Chief Judge reserved his decision until after the usual adjournment.

The Court then adjourned for an hour.

On the Court resuming, the Chief Judge said that the Court had considered the application of Mr. William, and agreed that the sum of £20 should be deposited in Court by the claimants, before the case was proceeded with.

Mr. Mackay, on behalf of the claimants, deposited £20.

The hearing of the claim of the Kaiapoi Natives to Rapaki, was then proceeded with.

At the request of Mr. Cowlishaw, the Chief Judge read over his notes of the evidence taken in the case, on the previous afternoon.

Mr. Cowlishaw said, that as the Court had decided that Wiremu Naihera (one of his clients) had made a prima facie case for the other side, it appeared to him that he should, first of all, proceed to call evidence in support of his client's claim.

Pita Te Hori, sworn: I live at Kaiapoi. I know the land in dispute in this case. I went down there to settle the dispute between the Kaiapoi and Rapaki Natives. The people of Rapaki did not agree to a sub-division of the land to the people of Kaiapoi. The people of Kaiapoi only stated that Rapaki should be divided. There are Kaiapoi Natives living down at Rapaki. They lived there at the time Raupera[gap — reason: illegible]a was going through the island. The Kaiapoi chiefs I have named went to Rapaki at a time when no others were on the land. We claim this land from our chiefs. Thomas Green, a descendant of Kou, one of the chiefs, is a claimant. [Named other living descendants of the old Kaiapoi chiefs, who had settled at Rapaki.] lharaira Tukaha and Kahutuanui Kapetara were the only persons living on the land when the old people went down from Kaiapoi. Some portion of the Natives now living at Rapaki are descended from these old men, so are all the Natives living at Kaiapoi. When the people belonging to these old people died, Tukaha was paid in guns, greenstoues, and powder, for a burial place. lharaira Tukaha lived with these old people. The Natives who went to Kaiapoi made no arrangements for selling their land to the persons who remained at Rapaki. [Named the Maoris who left Rapaki, and settled at Kaiapoi.] These Natives were in the habit of going backwards and forwards from Kaiapoi to Rapaki. Teone Tahere cultivated at Rapaki, and has a house there. At the present time, there are no Natives at Kaiapoi, who cultivated at Rapaki. The Kaiapoi Natives have not ceased to go to Rapaki. They go down to visit, but do not cultivate there. The Rapaki Natives have land at Kaiapoi. They do not go up there to cultivate. Mr. Buller apportioned them certain land at Kaiapoi, and there it is. The persons now at Rapaki were at Kaiapoi at the time Mr. Buller apportioned them the land, Kaiapoi who their permanent abode. When Mr. Buller apportioned the land at Kaiapoi, there was something said about Rapaki The word was said that Kaiapoi should be a precedent for Rapaki, and all the Maori pieces of land. The Rpaki Natives were in Assembly (runanga) at the time that word was said. I do not recollect Mr. Mantell's coming here.

Mr. Cowlishaw submitted that he had made out a case sufficient to call upon the defendants to answer it.

Examination continued: Wi Naihera lives at Kaipoi. He is not a descendant of the old men I have mentioned. His relationship to these old men traces from their ancestors.

The Chief Judge said that a relationship of this kind would apply to nearly all the Natives of New Zealand.

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The witness proceeded to apecify the respective degrees of relationship between the claimants and the old Kaiapoi Natives who settled at Rapaki. Hone Paratene cultivated land at Rapaki. It is many years ago. He left off cultivating at the time the Rapaki Natives came to Kaiapoi. Wiremu Naihers did not cultivate land at Rapaki He had no claim to it. Aperahama Te Aika did not cultivate land at Rapaki; he only visited there Henere Peirita cultivated land at Rapaki before the migration to Kaiapoi. Teone Pere did not cultivate land at Rapaki; be claims from his ancestry. Iharaira Tukaha is at present living at Rapaki. There are perhaps 23 men, women, and children living at Rapaki with Iharaira, Some lived there at the time the old men I have mentioned resided there, and some have come since. There has been nobody there to drive them off or disturb them.

The Natives paid Iharaira at Rapaki in the same way that Abraham a long time ago paid the owner of the land for a place in which to bury Sarah.

Mr. Cowlishaw said it wan quite clear that whatever claim the Rapaki Natives had to the land, some of the claimants had established a right to it.

The Chief Judge said that as far as the evidence had gone, a prima facic case had been made out in favour of Iharaira Tukaha and his people. The Court thought that Iharaira was the person who should come into Court and-apply for a Crown grant to the land. Mr. Cowlishaw could then contend for the introduction of his clients into the grant. The present proceeding was for the purpose of determining who was plaintiff and who defendant. The Court was determining no rights to the land now.

In reply to the Court, Mr. Williams said he intended to proceed with the claim of Tukaha to Rapaki.

Mr. Cowlishaw said that it would be advisable to postpone the present case.

The case was accordingly postponed.

Claim of Iharaira Tukaha and the Rapaki Natives to the reserve there.

Mr. Wynn Williams appeared for the Rapaki Natives, who claimed a Crown grant for the reserve; and Mr. Cowlishaw for the Kaiapoi Natives, who made a claim to the reserve as part owners.

Mr. Williams, in stating the case for his clients, said that what was known as the Port Cooper Deed, was executed in 1849, ceding all the lands in Port Cooper to the Queen. At that time the Natives at Kaiapoi, Rapaki, and Port Cooper, had assigned to them certain reserves, which were made for the separate tribe that occupied those different portions of the country. When the Port Levy and Rapaki reserves were made an arrangement was come to, in terms, of which the Kaiapoi Natives were allowed to remain until such time as they could conveniently migrate to their own reserve at Kaiapoi. The Rapaki natives had remained in undisturbed possession of their reserve since August, 1849, up to the present time, a period of nearly 20 years, and no claim had been made upon their land until recently by the Natives of Kaiapoi. According to Pita Te Hori's evidence, Mr. Buller went to Kaiapoi to apportion the lands there, remarking at the time that it should be taken as a precedent, but he did not say for what. Mr. Buller meant that that sub-division of Kaiapoi should be the form in which the reserves generally should be sub-divided, and not that the giving of a certain portion of the Kaiapoi reserve to the Rapaki Natives should enable those of Kaiapoi to claim portions of the Rapaki reserve. He would be able to show that the claimants were the descendants of those to whom the Rapaki reserve had been made, some of whom were alive and in Court. He would be able to establish that this reserve belonged to these particular people. The Port Cooper Deed had been lost, but be presumed that secondary evidence of its execution would be sufficient. One of the present claimants—Iharaira Tukaha—had actually signed the Deed of Cession; and he (Mr. Williams) would be able to shew that the Rapaki people alone were entitled to the reserve granted to them by the Crown after the cession of the Port Cooper lands by Iharaira Tukaha and the other chiefs. If he established this, they would of course be entitled to the Crown grant they applied for.

Ra Nau deposed: I live at Rapaki. I know the time when this land was ceded to the Queen. Tukaha, Paora, Hoani te Akikaia. Petera, Hoani Tnkutuku, Hopa Kaukau, and Mahureka, were the old men who lived at Rapaki at the time. Their children lived with them; there were, perhaps thirty people. Those persons whose names I have mentioned were Rapaki, and not Kaiapoi, Natives. Some of them originally came from Kaiapoi. I don't recollect any particular occasion on which Pita Te Hori came over to settle a dispute. I apportioned the bush where strangers were to get firewood from when they visited Rapaki. The Kaiapoi Natives did not participate in the payment for the sale of the Port C[gap — reason: illegible]er land to the Government. Mr. Mantell, Paora Tau and Tukaha, negotiated the sale. Paora [gap — reason: illegible]u's portion of the payment was paid to him by Tukaha. Paora Tau had a claim to the land through his ancestors, and got a portion Of the purchase money in consequence. Paora Tan's descendants are now at Rapaki; they claim, together with the other Rapaki Natives, for the Crown grant.

Cross-examined by Mr. Cowlishaw: I do not recollect the circumstance of the old Natives of Rapaki being carried away by another tribe. I was a boy when the six old people from Kaiapoi went to Rapaki. The Kaiapoi Natives are descended from those old men; I am one of them. The portion of the Natives who went to Kaiapoi belonged to a clan. After he Port Cooper land was sold, they went to Kaiapoi. The Natives who went to Kaippoi sold another portion of country to the Government—not Rapaki. The clan of which the Natives who went to Kaiapoi was composed came from the tribe Tushuriri. It is only lately that the Kaiapoi Natives have made a claim on Rapaki. The Rapaki Natives have land at Kaiapoi. I was at Moeraki when Mr. Buller came down to apportion the land. I remember some land for a burial place being given by Iharaira Tukaha to the Kaiapoi Natives; it was previous to the land being sold to the Government.

Mr. Williams said he intended to call Tukaha and others in support of the claim.

The Court adjourned at 4.30 until 10 a.m. next morning.