COSTS OF A TANGI.

Timaru Herald, Volume XIIC, Issue 13602, 23 May 1908, Page 3

COSTS OF A TANGI.

SUPREME COURT CASE

JUDGES INTERESTING REMARKS. Per Press Association. WELLINGTON, May 22. An appeal case concerning a, tangi -was dealt with at the Supreme Court to-day when Mr Justice Cooper delivered judgment in the case of Public Trustee (appellant J and David Peal Loasby (respondent The appeal was from a judgment of the Stipendiary Magistrate at Greytown in favour of the respondent. Th e resopndent's claim was to recover from the defendant as administrator of the estate of Ha'nera Tamahau Mahupuka, a deceased native chief, £lll 5s 6d for provisions, tobbacco and cigarettes supplied first upon iho verbal order of Arete Mapupuka, the princibal order of Arete Mahupuka, the princip.l wife of the deceased chief, and subsequently upon her written order, for the use of visitors at a. tangi held in consequence of the death of Mahupuka. The supply commenced on tho 15th January, 1901 and continued until the 28th Juno" 1904. The Magistrate disallowed £l9 2s of iho cla'ni principally the charges for tobacco a.o<l cigarettes and gav e judgment for £92 Is 6d.

-lis Honour found that the facts proved that th e deceased Maori was a- cak-t of high rank, and an owner of large landed interests. The tangi was and still is a, .Maori custom of great importance and llio number of visitors and th ( . importance and duration of tliii tangi depended upon the rank of I ho dead chief and the tangi was accordinj; tt» Maori custom inseparable from and a part of the burial of lh<> chief. Tie- status and rank of Maluipuka was Mich that th' - great chiefs and many Maoris of rank attended lli<- langi from diltVrenl. parti of he Xorlli Inland and as u. jnaik of to tli,. memory of tlm dead man the tJoveinor, tin- hit" Mr Si-ddoii, Mr Carroll and others were also present at the fum-rul. The Maori custom is that the costs of a. tangi have, in I lie. past been levied out «<f lh" property of the dead chief in uho.v- honour I lie tangi has liceii held. The oini;..i'iii lo hold a. tangi would !>•• ciilisiili red ;i ltl<-ai-h of Manli cus i'Mil and •> gic.it insult lo lln- iiii'ih ".it ..I .1 ,\,,,,,r,\ , In. I 111 aiuiclil lime* Midi .111 mm--inn would liavi- ■ .mi...1 .1 11111.1 l W.ll In l lie !•• •-.■.•-Hi il.iv ii would ic-iill in in.ins • .1 <■' ill -1...1 'ill !■• hie- .•! j.- lln •lillt-iclil h.i|nr-i ..i,.1 lull'- 'lie- p-nml dm in;; will. I, | 1,, - h'.l ... . ..i.liny, i'i Mi.hi • ii lulu .in miii'.■ -••n.il.lr pi'ini.l. • oii.-idi'i in./ l|i.- i,ml .| iiillih'ih ,- i.l i'i • l.'.i-a.-f.l • lin I, .ni.l lie 1..1.1 . i. . ..I Ih l-Migi %l .».t hul .i. • oidlh " I'. M i . II !•'in •\r. --,... \„ . |. ~:.,„„, in 111. Kh^li.-h I'. .nil ..,n|.l .lu.. ih. Ik.i i.|,.iii .i • 111. I ■.. 11 •>! M i ..... .. T.i . ii I..in I,in Hi II ii <|"'.l..| 1.i.i.1 \V. 1.1'11.1 V. Im. 111 11.11MM1.|U.|;.|H. 1)1, ~, l|„ ".I'lM •• I '.llllll ll -..1.1 •11.. m 1.,,. I ~1 ~...,,,;..,- .„. n .-II ..-, ill' II dill-. ■... ill ... I 111. 1111. 111. 11l I" <■

cure as far as il is in their power the happiness of those who live under their government, and no persan can be happy ■whose religious feeling? are not respected.-' 11l this case the question of the allowance which ought to be made in connection with the obsequies of a Hindoo of rank was under consideration. His Honour was of opinion linu ■the' tangi in question was really pari of the obsequies of the deceased cliiel, and the reasonable cost ought in m-coi'dance with Maori custom to be paid out of'the chief's personal estate. 'Jin;- appeal was allowed without coj-is, and judgment for a nonsuit was ordeiecl to b» entered in the Court below, His Honour holding that. Loasby had no cause of action against lilie Public Trustee, but that he should have sued the person who ordered the goods, namely, Arete, the chief wife of 'the deceased, who could have obtained hzv remedy against the present administrator of the estate, the Public Trustee. Mr Bell asked for leave to appeal, which was granted.