A TANGI WHAT IT COST.

North Otago Times, 23 May 1908, Page 4

A TANGI WHAT IT COST.

—f—_ Per Press Association. Wellington, Mny 22. An appeal case concerning n tnngi was dealt with at the Supreme Court to-day, when Mr Justice Cooper delivered judgment in the case of the Public Trustee (nppellnnt) null David Peal Loashy (respondent), Mr lilair appeared for llio appellant, and Mr 11. D, Bell, K,C, and Mr A. Ostler for tho respondent, The appeal was from a judgment of the Stipendiary Magistrate nl flreytown in favor i f the respoiidcnl. The respondent's claim vns to recover from the defendant as ml minißtrntor of the (state of Hnmcra Tamalinu Mnhupuki, n deceased native chief, £lll 3s Gil for goods, ;iamoly, provisions, tobacco and ({garottes supplied first upon tho verbal order of Arete Mahupukti, the principal wife of tlio deceased chief, and subsequently upon her written order for tho use of visitors nt n tangi held iu consequence ot the death of Mahupilku, The supply commenced on the 15th January, 1901, and continued, until the 2Sth June, IUOI,. Tho magistrate disallowed £1!) 2s of the claim, principally the charges tot tobacco and cigarettes, un d gnvo judgment for JC92 Is Gd.. His Honor found that tho facts proved that the tie ceased Maori was a chief of high rank, and an owner of largo landed inter eats. _ The tangi was mid still jf) ft Maoris of rank attended tho tnngi tho number of visitors and tho importance and duration of the tang! depended upon tlio rank 0 f tho dead chiof, and tho tnngi was according ut Maori custom, inseparable from and part of Ihc burial of the chief, 'ihi status and rank of Mahupuku wan such that the great chiefs and many Maoris of lnnic attcirdch the tangi ■■from, different parts. 0 f the North Island, and as a mark of respect to tho memory of the dead ,„ n n tm . Governor, tho late Mr Seddon, 51i Carroll and others were also presuii at the funeral, The Maori custom it mat the costs of a tangi haw in the past been levied out of the propcrtj of the dead chief in whose honor the [«ngi has been held. The omission t' c hold a tangi would be considered „ wcaeh of Maori custom and a great insult to tl, c memory 0 , R dccCMW chief. In ancient times such an omission would have caused a tribal war. ■ln the present'day it would result in niany cases, in great ill-feeling among the different lmpus and tribes. The period during which, the tangi lastei. was not, according to Maori custom, an. unreasonable period, considering the rank and influence- of tho deceased chief,-and tho total cost of tho tangi was not, according to Maori custom, excessive. N 0 decisions in tho English Uurt could directly war upon a question of Maori ancient custom, said his Honor, but ho quoted Lord Wynford. who, in delivering judgment in the Privy Council, said,."Tho interest oi sovereigns ns.well as,their duty will over incline them to secure, as far as .it-is in their power, tho happiness of Inosp who lit'e under' their government, and no. person can' bo happy whose rcligiqtis feelings', he 'not respected. In this caso. IKb question of allowance which ought to bo mado in connection with tho obsequies of a" Hindoo 0 f rank was under consideration. Hu Honor was of opinion that the tangi in question was really part of the obsequies of tho deceased chief, and tho reasonable cost pught in accordance with Maori custom to be paid out of ,tho chief's personal estate. Tho appeal wasnllowed without costs,and judgment for a non-suit was ordered to bo entered, in; tho Court below, his Honor holding that Loashy, had -he cause action ngainsf the ■, Public Trustee,", but that he. should; have sued tho person who ordored: tho j goods, namely, A'reto, llio chief'wjfo of thedecoascdj .who'\could :'hayo pbUliicd her remedy. : against-tlia'.' present ■> adiniriisr. Irator.pf llukosidte; tho Public'Tr'uetce; Mr' 801 l ;askcd,.ior,;ica'voi;to xnp. ; ' rpeol, wbklr'was grpritetCy .',. ■"