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

Saturday,May 23. — [Before Chief Judge Fenton, and Henare Pukuatua (an Arawa Chief), Native Assessor.]

Saturday,May 23.
[Before Chief Judge Fenton, and Henare Pukuatua (an Arawa Chief), Native Assessor.]

Waikouaiti Reserves.

The names of the claimants to these reserves, and the names of those chosen by the tribes as trustees, having been submitted, it was ordered that certificates of title should be issued, the recommendation being made that the power of the Governor in Council to admit an alienation should be stopped.

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.

Otago Heads.

Mr. Macleod surveyor, produced a map of this reserve, made in accordance with the order of the Court. The land was all divided and sub-divided, and the names of the claimants, with their respective acreages. In answer to Mr. Turton, the witness said that he knew a place called Raenatia, at Cape Saunders. It was a rough coast. The point was on the way of vessels proceeding northward. They took bearings from it. It was a good place for a lighthouse.

It was ordered that 20 acres of this point may be made inalienable, except to Her Majesty. A similar acreage was made alienable to the Queen on 9, Block D, Lighthouse reserve, and 22 acres, 13 poles, B. A1, the landing-place.

The usual certificates of title were ordered to be issued.

Mr. Macassey pointed out that, under Mr. Kemp's Deed of Purchase, the Crown was under an obligation to grant reserves to the descendants of those chiefs who were parties to the deed, irrespective of their other claims. He believed that if this was done, there would be less cavilling from the descendants of those who had signed the deed against the claims of residents upon the reserves already made.

Mr. Turton said he was instructed not to oppose the granting of these special reserves, but rather to concur.

Mr. Mackay, Native Commissioner, produced a list of persons whom he believed to be entitled to claim under the deed. They were here in numbers, and he proposed that 50 acres should be given to each.

Mr. Mantell said that he approved of the names, and that a block of 500 acres of good arable land would be a minimum. He considered the 500 acres sufficient to satisfy the names in the list, but he did not regard the list as exhaustive. He suggested that an equal amount of land be reserved by the Governor, that he might have in his hands the means of satisfying other claimants. He was inclined to think that 1000 acres would entitle the Governor to a release from the covenants implied or expressed in the deed.

The matter was adjourned until Tuesday.

The consideration of claims to reserves at Bluff and Riverton were adjourned sine die.

The Court was adjourned until Monday.