SUPREME COURT.

Wanganui Chronicle, Volume XXIV, Issue 9662, 26 October 1882, Page 2

SUPREME COURT.

+ Sittings iir Chambers. Wednksday, 24th Ooxobee, 1882. (Before His Honor Mr Justice Richmond.) James Duigan v. Uru Te Angina and Moetapapa. — Mr Hutchison for plaintiff. This was a judgment summons for i£447 2s 9dj amount recovered upon a promissory note in the Supreme Court on the 26th of August last, together with costs and subsequent interest. The following evidence was adduced by plaintiff to show defendants' ability to pay. Colonel McDonnell acted as interpreter. Uru Te Angina said that he was chief of the Ngararu tribe, and one of the owners of the Rangitatau Block, sold to Major Wilson and Mr Mooro for £7000. The money had been paid, the last instalment of £ 2200 or £2300 having been handed over in August last to Kahera, a woman of the tribe (a kind of co-partner with witness, and set aside with him to receive the money) who collected tho people together" and divided the amount. "Witness having been told by his people thit he had nothing to receive, his share being swallowed up by advances made by the purchasers of the block and Colonel McDonnell, went away to Waitotara in August, and was not present at the distribution. Fortysix names were in the Crown grant, who represented the whole of the tribe of about 200. Witness's share as a chief was the same as the rest. An elder relative had since given him igoO to pay some debts, which, like Mr Duigan's claim, were tribal debts, for which witness had made himself liable. Did not know whether his tribe had any part left of the purchase money. Witness had told Wilson and Moore, as well as his tribe, that Mr Duigan's debt ought to be paid, as it was all tribal. Did not wish to see Mr Duigan lose his money, but hitherto the tribe had not listened to witness, though seeing his present position they were beginning to think about it. Would distinctly swear that out of the last instalment of the Bangitatau purchase money witness received nothing, and out of previous instilments only £13 10s. His Honor reminded the plaintiff that the Maoris like other people had the Insolvent Court open to them.— Colonel McDonnell explained that Urn had been solicited to take advantage of it, but had always refused to do so. He w*s considered a rich man, but all his means were in land.— His Honor suggested an order for £100 a month to meet the caße — Jtr Hutchison said that the plaintiff would agree to that. — Moetapapa was then called in and informed by his Honor of what had taken place, and that if the two defendants, who had made themselves jointly liable for a tribal debt, did not pay that debt they would be sent to prison, though his Honor hoped that the Ngaraer v tribe would not allow this disgrace to their chiefs to take place. — Both defendants assented to the proposed order. Order made for payment of £447 2s 9d, ■with interest, by monthly instalments of £'100, the first instalment to be due on the 30th November next. In default, three mouths' imprisonment.