ON A MUTTON-BIRD ISLAND.

Dominion, Volume 2, Issue 604, 4 September 1909, Page 10

ON A MUTTON-BIRD ISLAND.

;.•■.■; ALLEGED EJECTMENT: '■ L ..'..;:!: : . ;'. (lly Telcsrnph.-i'ro.'i.i AMuclatlon.l , .; '.'; ■.■'.' ':,;.; Invorcargill, September .3.;.. ■At■•'.'the Supremo,' Cour t: to-day, Hannah Pohio llickus (Teniuka) iclaimed £100 dam-, ages from. William Spencer (Bhiff) for .assault, and ejectment on April 11, from fic-rc-, mamae, a mutton-bird island noar Stewart Island. Spencer Claimed .an'exclusive; right to go mutten-birding on that island on tbo ground.of long custom, and that his family was descended from orio of the. chiefs who wore tho original owners;,of the Stewart and adjoining islands when they were ceded to tho Government in 186-1;' while: plaintiff claime .thit her father, I'ohio, \vas : ono of the ori T ginal owneraj. 'and: that tho same deed of cession gives her equal privileges with defendant.. ' She went _to -the island,, and Spencer and his wife ejected.her, using, sho alleges, undue violence.'>. • ',- ■' ". i Attention was drawn.to the fact! .that an Qrder-iii-COuncil was made beforo'thc action started giving the Native Land Court juris-, diction to) inquire into the nmtton-birding rights in connection with theso islands, and Mr, Justice Williams said that the , Supremo Court could not proceed; .till : tho jurisdiction of tho Native I(and Court had been evoked to settle the .question .of'privilege. If ,'defjaidant there.failed to'establish his claim! to privilege, the' Supremo- Court' would then, assess tho amount of.damages.' "..• '..'. j The caso.iyas ordered tostaiid over mean- " "..-,'; '" ' ';. •; '..■'■.'•■ ■'•■'' ■.'.'■' ',:',