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to the Resident Commissioner on the sth April, 1911, nor in her will on the 26th of that month. Moreover, the Mataiapos do not appear to have set up any claim on behalf of Pori at that time, either on the selection of the new Ariki (Rangi Makea), nor on his crowning, which took place some months after. On the sth July, 1911, the Island Council unanimously elected Rangi Makea as the new Ariki, in accordance with section I of Federal Ordinance No. 26. No mention appears to have been made of Pori. Tho statement of Makea Takau referred to in paragraph 3 contains the following : — Makea Daniela had descendants by his two wives. His children by his first wife are amongst the family of their mother- that is, on Makea Keu's side. (He was a son of Te-Pa-Atua-Kino.) Tu-a-Maroka was Daniela's first wife. This statement of Makoa Takau's was produced to Colonel Gudgeon in the Native Land Court in connection with the ownership of Taputapuatea, and he made a note on it in his own handwriting relative to the succession to the Makea Ariki title. His own words are : " Pori anel his brother (Tui) 1 won't have." As the reason he gave might give offence to that family, the Court declines to put it on record in this juelgment, but it is open for inspection on Eesidont Commissioner's file 323 if any intoresteel party cares to see it. At the making of Makea Takau's will there were present, amongst others, the Mataiapos, Taraare, and Vakapora. Taraare was idso the priest (Potikitaua). They wore the; only Mataiapos present, and no objection was oyer raised by the other Mataiapos. There is little doubt that Makea Takau would know the correct custom to observe, and the Kopu Ariki, the rangatiras, and the Mataiapos seem to have been satisfieel. 8. The next event of importance is the death of Rangi Makea Ariki on the 24th July, 1921. The evieience shows that on the sth July, 1921, Rangi Makea expressed a wish to make a will. First of all the Resident Commissioner, Mr. J. G. L. Hewitt, was sent for, anel to him Rangi Makea saiel he; wanted to make his will. Mr. Hewitt then sent for Mr. Savage to act as interpreter, and for Mr. Foster, his Private Secretary. Rangi Makea then gave his instructions openly, anil so that every one could hoar them. He wanted Tinirau to succeed to his Ariki title and his property. Mr. Hewitt then went back to his office to prepare the will, anel returned with Messrs. Savage and Foster to get it executed. Tho evidence establishes that Tinirau went for Enua Vakapora, Mataiapo, and Taraare Inaina, the supposed successor to Taraare as Mataiapo and priest. Inaina was away at Matavera, but her husband promiseel to go for her with a buggy. The evidence also shows that Karika Ariki, Vaiki (pastor), Putu, Pa Rereao, Ngaropa, Parau (now deceased), Manarangi the Potikitaua, and others wore present. Tinirau diel not stay in the room. Those who wore present clearly heard what was saiel. Vakapora has admitted that he saiel that the will was quite all right and no one would contest it. Inaina was not actually present when the will was signed, but she arrived just after the; Resident Commissioner had left, but all the others were still there. The will was read over to her, and she said it was all right. The same customs and formalities were observed in tho making of Rangi Makea's will as were observed when Makea Takau (Queen Makea) made hers. Although the other Mataiapos might have a right to be present, it seems to have been accepted that Taraare and Vakapora were the two who were usually sent for on these occasions, and it may be assumed that they representee! the Mataiapos as a whole. It was clearly their duty, if they did not agree with the will, to raise an objection at tho time. Further, it was their duty to acquaint the other Mataiapos with the terms of the will, and what had happeneel at the execution thereof. If they failed in these duties the fault was on the side of the Mataiapos, and not on that of the dying Ariki. Rangi Makea did not die until the 24th July, and for a considerable time after the making of his will he was in a fit mental condition to have dealt with any matter which might have been raiseei regarding his title or lanels. It is shown that the Mataiapos did not attend his death-bed until shortly before his death took place, and he was then unconscious. Tho fact remains that he took all proper and usual steps to establish his wishes by will, and ho was allowed to die thinking that no one, whether belonging to the Kopu Ariki, tho rangatiras, or the Mataiapos, would raise any objection. 9. Rangi Makea was buried on the 25th July, 1921. On the 28th of that month eight of the Mataiapos signed a document, addressed to the Resident Commissioner, stating that they appointed Ngoroio Pori to take the Ariki title of Makea-nui, on the grountl that he was from the oldest branch e)f the family. After interviews with both aides, Mr. Hewitt, the Resident Commissioner, called a meeting in the Courthouse, at 2 p.m. on the Ist August, of all interested parties and the Arikis of the other districts. One of the matters for discussion was the question of Native custom regarding the succession to an Ariki title. A document purporting to sot out the correct Native custom by the other Arikis, Kamoe Mataiapo, Potikitaua, anel Messrs. Cowan, Goodman, and Paeara, members of the Islanel Council, was handed in at the. meeting, and also a form of consent to the appointment of Tinirau, signed by the members of the Ariki family, and rangatiras. At the conclusion of the; impiiry Mr. Hewitt decided that, he. would recognize; Tinirau as the successor e)f Rangi Makea. On the 17th September, 1921, tho Resident Commissioner, Mr. Hewitt, issued a warrant, in accordance with section 67 of the Cook Islands Act, 1915, dealing with the; constitution of Island Councils, determining and. declaring that Makea Tinirau lawfully held office as Ariki in succession to Rangi. Makea (deceased). It may be mentioned that on tho 29th August a largo number of Mataiapos of the; district of Takitumu sent in to the Resident Commissioner a written objectiem to the; document above, referred to, purporting to set out the correct custom regarding Ariki succession. Tho Mataiapos purported to anoint Ngoroio on the Ith August, 1921, and Tinirau was anointed by his supporters on tho 30th August, 1921. 10. It is clear that the Resident Commissioner had no jurisdiction to determine the dispute except so far as the constitution of tin; Island Council of Rarotonga was concerned.

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