G-.—2a

30

others, claiming to be beneficially entitled to the aforesaid parcel of land, upon hearing the evidence of Keepa te Bangihiwinui and others as to the existence of a trust, and upon reading the evidence given by John Alexander Wilson and others before the Supreme Court at Wanganui in 1894, and the Boyal Commission in 1896, and the Native Appellate Court, and the evidence given before the Native Land Court in 1890 and 1891, and upon hearing the evidence of Wirihana Hunia in opposition thereto, this Court is of opinion that it is warranted, all circumstances considered, in coming to the conclusion that, although the Land Transfer certificate (vol. 29a, folio 130), clothes Meiha Keepa te Bangihiwinui and Warena Hunia te Hakeke with the legal estate, that these persons are only entitled to a beneficial ownership in common with others, and this Court doth adjudge and declare that a trust does exist in respect of the aforesaid Subdivision No. 11 in favour of such persons whose names are included in the Second and Sixth Schedules to "The Horowhenua Block Act, 1896," who can satisfactorily establish that they are beneficially entitled. Karena-te-mana-o-tawhaki said that the reason the name of Aperahama Tipae was included among the registered owners of Horowhenua was that the Ngatiapa assisted the Muaupoko against the Ngatiraukawa. Kemp and Kawana Hunia put Aperahama's name in in recognition of his services, and now Kemp denies that he has any right. Therefore I ask the Court to strike Aperahama's name out of the list, and return whatever right he has to Kemp and Wirihana. As to my children, lam a Ngatiapa, so are they; and I ask the Court to strike their names out of the list also, notwithstanding that my children are partially Muaupoko. I will not make any claim on their behalf. Let Muaupoko do as they please with them, lest it should be said that I came after their land. I place my wife's rights also in the hands of Muaupoko. They can consider her. If her relatives deny her rights I have nothing to say, but I withdraw the claims of Aperahama Bangiwetea, alias Tipae, and my children. j I Taueki Amuka i I | Te Matenga Tinotabi Karoro Ope Pirau | I I I 'I Kaewa Tatai Mata Tanana Am Patene ill Kawana Hunia Mere Karena Ripeka Nireaha I Wirihana and others Wirihana Hunia said there was no possible reply to what Karena had said, and asked the Court to leave Aperahama Tipae in his hands. The Court announced that it was prepared to go on with determination of relative interests. Sir W. Buller said he and Mr. Fraser were prepared to hand in lists of names of those they admitted. Mr. J. M. Fraser said nothing had resulted from the adjournment yesterday. He had now grouped his clients in families, also some of those represented by Bawiri Bota and Hamuera, who were admitted by Kemp. He handed in the lists [marked "A"], also list of persons to whom his side objected [marked " B "]. Kemp was not a party to the objection in toto. Sir W. Buller handed in Kemp's list [marked " C "]. Kemp did not object to any one who had ahika. Mr. McDonald handed in a list of persons who his side alleged had exhausted their rights in Horowhenua, and had no right to No. 11 [marked " D "]; also list containing thirty-six names whose claims in No. 11 he did not dispute [marked " E "]; also list of sixty-nine persons whose claims in No. 11 will be disputed as to extent only [marked " F "]. These lists covered the 143 registered owners only. He had not had time to deal with the forty-eight persons. Hamuera Karaitiana handed in list of persons who he claimed had a right to be admitted into No. 11 [marked " G "]. Henare te Apatari handed in list of names of persons for whom he claimed rights in No. 11 [marked " H "]. Rawiri Rota handed in complete list of his clients [marked " I"]. Mr. Knocks handed in list of persons he represented [marked " J "]. All lists read out. Mr. J. M. Fraser said the persons in list A were not all ahika. Those who had no right by Occupation left themselves in the hands of the tribe. Henare te Apatari claimed that his clients had rights in No. 11. He did not dispute the rights of any of the registered owners. Rawiri Rota handed in lists of names of persons whose rights in No. 11 his clients admitted [marked " I No. 1 "]. Mr. McDonald applied for an adjournment till to-morrow, to give time to collate the lists submitted. Sir W. Buller would not oppose. Mr. J. M. Fraser had no objection to the adjournment. Henare te Apatari agreed. The Court said it had hoped to make some progress to-day, but as agents and counsel considered ftri adjournment necessary it would not object. The Court adjourned till the sth instant.