C.—6

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apply to Waipoua, as both blocks were part of the same estate, the line dividing them being only an arbitrary one laid down by the surveyor, and forming no tribal division of the land. To this all parties were willing, having on both sides exhausted all the evidence they had to offer; so the Court then adjourned to consider their judgment, and assembled on the following day to pronounce the same. In this, however, a fresh complication arose, which evidently took the two Judges by surprise, and certainly surprised every one else ; it was this: — When the Court were about to give the judgment, the Assessor intimated that he wished to say a few words to the people, in order that they may not think he took no interest in the matter. He was permitted; and proceeded to express his opinion, which, it appears from what transpired afterwards, was the very opposite of the decision of the two Judges, fully concurred in by the Assessor himself when they were consulting together. This placed the Court in a dilemma. However, the presiding Judge told the assembled people that they had no idea that the Assessor had opinions such as he had then expressed, and that they had discussed the whole matter fully together with the Assessor, who had concurred in the judgment the Court were about now to pronounce, and that it was quite contrary to the expression of opinion he had just given. However, the Court retired for a few minutes to a private room, to consult together. On re-assembling, the presiding Judge gave judgment, prefacing it by saying that according to law the Assessor must concur in the judgment, and that he could hardly tell whether he concurred or not, for although he said he now did, his expression of opinion was so absolutely contrary to the judgment itself, that it could hardly be taken as concurrence; such being the case, the judgment could only become valid by both parties accepting it. It was the opinion of the Court that the Ngatiwhatua, TJriohau, and Eoroa had become subjugated by Ngapuhi, and the two former completely driven out of the country after the battle of Te Ikaranganui; but that subsequently certain individuals of the TJriohau returned to the Wairoa, and lived under the protection of Kukupa, the father of Te Tirarau, for a short time, and eventually left for Otamatea and other parts of the Kaipara District. That a portion of the Eoroa, including Tiopira Kinaki, after the Ikaranganui battle lived at Waimamaku and Waipoua, under the protection of Parore, and have continued to remain there ever since. On these and other grounds, which were gone into at considerable length, the judgment was that neither Ngatiwhatua nor Te TJriohau had any claim to the land, but that those of the Eoroa who had continued with Tiopira to live and exercise rights of ownership on the land were entitled together with Parore and his people. Both these blocks being about the same size, the Court therefore awarded the Maunganui to Parore Te Awha, and the Waipoua to Tiopira and their respective people, and adjourned for the day to enable them to talk the matter over, and either accept the judgment or not, or come to some voluntary arrangement, as the Court was precluded, by the conduct of the Assessor, from giving an absolute judgment. Mr. H. T. Kemp, Civil Commissioner and District Officer for Kaipara, was present, and I consulted with him on the subject. We decided to let them have their talk out, and not to interfere with their consultations until they had exhausted their eloquence and arguments on each side. It is unnecessary to detail what took place, suffice it to say that after two days we succeeded in bringing both parties to terms, including the consent of the Ngatiwhatua and TJriohau portion of the claimants. These negotiations had to be conducted with great tact and delicacy, both parties feeling strengthened in their position; Parore by the expression of opinion of the Judges, and the opposite party by the expression of opinion of the Assessor. Mr. Kemp was of material assistance to me in this matter, both in his personal skill and tact, and, being so much older an officer of the Government he considerably strengthened my position with the Natives, particularly with those of the Ngatiwhatua and TJriohau, who to a certain extent looked upon me as favouring the other party, because I had, before joining the Government service, taken up the cause of Parore. The settlement we effected was, that Parore and Tiopira should each be named in the memorial of ownership for both the Waipoua Block and the Maunganui Block, and that Parore should pay Tiopira a sum of £100 out of some moneys he had received for another block of land, in the title to which Tiopira had been defeated at a former sitting of the Court, and that Tiopira have the Waipoua Eeserve. lam pleased to say that the arrangement was fully agreed to by all parties, and the result is that what has been a long-standing and sore dispute has been settled to the complete satisfaction of all the disputants. This compromise was rather too much in favour of Tiopira, the reserve being 12,000 acres, and the interest in the other two blocks being equal. We could, however, come to no better terms with Tiopira's party, and we had to make it up with Parore in another way, he having the advantage of us, to a certain extent, as he had never taken a shilling deposit for the land, nor had he agreed as yet to sell at all, having been utterly ignored and treated as a man of no importance by the former Agents. The terms of agreement as to title having been arranged, the Court re-assembled, and Mr. Kemp, as District Officer, informed it of the voluntary arrangement come to between the parties ; and both sides having been questioned by the Court, the matter was settled, and the memorials of ownership ordered accordingly. After preparing the deeds, I sent for Tiopira and Paora Tuhaere, who represented those who had sold and taken deposits to the amount of £620, and concluded with them at the price originally agreed upon by them, namely, at Is. Id. per acre, conceding only an extra sum of £56 13s. Bd. on the whole block of 72,892 acres, so as to make an even sum of £4,000 for the whole of the two blocks. Dividing this in half, and deducting the deposits already paid from the £2,000, his share, I paid Tiopira the balance, namely, £1,380, and the sum of £100 on account of Parore, against whose interest in the land I charged it. He then signed the deed for both blocks and vouchers for the amounts paid. This was done in the presence of Judge Symonds and Mr. Kemp. Now came the difficulty in dealing with Parore, who had not as yet agreed to sell or to name a price.