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

Port Chalmers Reserves

Port Chalmers Reserves.

The consideration of these claims was resumed. Mr. Macassey appeared, as before, for the Native claimants; Mr. Turton for the Crown; Mr. Haggitt, senior, for the Superintendent; and Mr. Harris for the Presbyterian Church Trustees.

Mr. Macassey pointed out that the Section (No. 402) claimed by the Presbyterian Church was not mentioned in the schedule of "The Presbyterian Lands Act, 1866." Other sections were marked in the schedule as set apart by the terms of purchase, but this was not.

The following additional evidence was given:—

W. B. D. Mantell: In consequence of correspondence with the Colonial Secretary about the reserve in 1853, I marked off Section 402, as approved by the Governor, for a Native reserve on the selection map. On this map I do not think there was any tint, but the one now on—red. I do not know who wrote the words "Church reserve." Before making the reserves, I made search, but could page 237not find by what authority the Presbyterian Church reserve was made. The plans were received two years after I made the reserves.

By Mr. Harris: I knew that Captain Cargill was Resident Agent of the New Zealand Land Company in 1851. I did not know of the existence of the letters produced. (Letters from Dr. Burns to Captain Cargill, dated 11th March, 1851, and reply dated 10th March, were produced.) If I had known that a church had been erected, or money expended on the faith of the supposed reserve, I should not have recommended that the Natives should have it. It depends [gap — reason: illegible] good deal on circumstances.

By Mr. Macassey: Mr. Kellar and Mr. Fox were principal agents of the New Zealand Land Company. The local agent was the agent of the Association.

Mr. Harris applied for an adjournment, to enable him to produce evidence in support of the [gap — reason: illegible]n of his clients. The notice of the Native claim was a general one, and it could not have been [gap — reason: illegible]cipated that such evidence would be necessary.

The Judge said he was anxious to leave Dunedin by the next steamer, as there were arrears of work in the North. He would give judgment in the claim and counter claims to the other section; but if he could not hear the whole of the case, he would adjourn it sine die. It would be postponed until Tuesday.