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Tuesday March 11th 1873

Place the Same

Present the Same

Mr. Cash said

I fear to take further steps in this matter to prejudice my clients. In other Courts judgment is the final step - and submits that if proper step for my clients now is to appeal - or apply for a rehearing.

M. Buckley objected to the nature of the address from the other side and said no prejudise should accrue to them by proceeding

Mr. Cash said that his clients were not prepared to define the boundaries of the Blocks excepted by the judgment - and were put to considerable expense by remaining here without any possible benefit to themselves in the prospect of our application for a re-hearing of the case to its present stage and asked to have explained in what direction the proceedings would now .......

The Court explained that the boundaries of the land to be defined are those of the blocks or lands retained and occupied by the Muaupoko.

Mr. Cash said to proceed with the case - by defining boundaries as intimated - he is not in a position to go on but if the Court should require any information Major Kemp would give evidence - my general instructions not to proceed affect the whole question.

The Court intimated its desire to hear what Major Kemp had to say - and suggested that the course for him to pursue would be to make a statement as to what he knows of the boundaries of Te Horowhenua Block.

Major Kemp made a statement

The Court intimated its intention of proceeding to take evidence as to the boundaries of the Horowhenua Block - Kemp & party withdrew.

Horowhenua

Claim called - no plea

Court adjourned until 2 pm to enable the Surveyor to produce plan.

At 2 pm the Court resumed.

Tracing produced.

Karanama Te Kapukai - Sworn

I am a chief of Ngatiraukawa. I know the boundaries of the land to which we admit the Muaupoko have a claim, beginning at the Southern boundary - Taueki and Whatanui - commencing at Tawhutikuri - Kaurakorau thence to Tauteruru on the banks of the Horowhenua Lake dividing the Lake Horowhenua thence to Waitui (Waitui is on the inland side of the Lake). Here any talk ceases. This is the price reserved by Whatanui for Muaupoko. I know this because I was asked to join in laying out the boundaries by Whatanui.

Tamihana Te Rauparaha

I am chief of Ngatitoa, Ngatiraukawa and Ngatiara Tribes. I saw the tracing. This is the boundary laid down by Whatanui. The Southern boundary is from Tawhitikuki to the shore of the lake and on to Wereroa as described on the plan. Weraroa is where the boundary turns and goes to Pouahuia, turns again to Ngatikorua thence to Ngamana (a carved totara pole) near the beach.

At the commencement of the Survey this pole was burnt by Muaupoko. I know this of my own knowledge and from information I have obtained from Whatanui's own child. I have been on these very boundaries for 30 years. I will state that I know about the boundary at Porotawhao(not necessary).

Hohua Te Rui - Sworn

I live at Parotawhao. I am a chief of Ngatihuia and live at Porotawhao. I see the plan. This is the land to which we admit the Muaupoko have a claim. This is Tawhitikuri on the south going on to Koourakorua to Tauateruru on the lake of Horowhenua seaward side - dividing the lake one side to Muaupoko and the other to N. Raukawa. Then it reaches the shore to Waitui thence along a bush through Poutahi to Weraroa turns to the East to Pouahuia thence turns seaward to Ngatokorua thence to Oioau thence to the beach to Ngamana. These boundaries were fixed by Whatanui the elder on the South. Whatanui Te Tahuri fixed the Northern boundary. He was son of the elder Whatanui. These boundaries include the houses and cultivations of the Muaupoko. They are all included.

The Southern boundary was fixed a long time ago, the other was lately. I was present when the both boundaries were fixed. Some of the Muaupoko chiefs were present, Taueki was present. He agreed to Whatanui's South boundary. He signified his assent Whatanui having stated that was the boundary.

There were some Muaupoko chiefs present.

When the Northern boundary was fixed - the poles were never thrown down. The Northern boundary was twice fixed. The first time in 1858, and afterwards in 1869. It was the same boundary that was fixed at each time. Whatanui the younger was dead in 1869. He died in 1869 immediately before the boundary was fixed - the deemed time. Whatanui the elder fixed the Southern boundary - as it is shown on the plan. The Ngatiraukawa have never recognised any other boundary.

Ihakara Tukumaru

I am chief of Ngatiraukawa and live at Manawatu.

I know the boundaries of the land to which the Muaupoko have a claim. This plan describes their land. They commence at Tawhitikuru - at the sea beach thence to Homakorau this is on the South - thence to Tauatenuri dividing Horowhenua thence inland to Waitere thence to Putahi turns at Weraroa to Pouahua, this is on the East side thence to the South West of Ngatokorua in a straight line thence to Ngamana thence to the South again to the Beach.

This is the land given by Ngatiraukawa to Muaupoko. They were never disputed, until the arrival of Kemp and Huria - this is lately. They had no land outside these boundaries before that time. They did not cultivate outside these boundaries. If they did, it was at my requires and desire. I fetched them.

Watene Tuwaewae - Sworn

I am a chief of Ngatiraukawa. I live at Horowhenua. I have not lived long there. I have been there twenty six years. I have heard the description of these boundaries of this land by Ihakara. It is correct. This land shows the boundaries of the land which we admit to to belong to Muaupoko. I live outside the Southern boundary near to a stream called Hokio. I point to the place I live on the Southern side of Hokio Stream. I have lived there 26 years. The Muaupoko never disturbed that boundary until lately, not during Whatanui the first nor the second nor the third nor the fourth Whatanui. The first time I was disturbed, was in 1869. There was no disturbance up to that time. The Southern boundary, as shown, is a line and not the Hokio River. The boundaries described by Ihakara and shown on this plan included all the houses and plantations of Muaupoko.

Tuwhakatupua

Ihakara Tukumaru - recalled

I am a chief of Ngatiraukawa and live at Horowhenua. I see the plan - boundaries begin at Tuwhakatupua thence ....... a straight to Mangawharawhara on the boundary of Crown Land. Then along a line the boundary of the Ahmaturanga Block (This witness could not understand the Plan - the large one).

Henare Te Herekau - Sworn

I belong to the Ngatiraukawa and Ngatiwhakatere and live at Te Takapu on the Manawatu. I am a clergyman of the Church of England. I see the plan (This witness evidently could not understand the Plan).

M.r Buckley said he could have a separate plan in the morning.

Court adjourned until tomorrow at 10 am.

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March 11, 1873

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