EJECTION FROM AN ISLAND.

Gisborne Times, Volume XXVII, Issue 2598, 4 September 1909, Page 3

EJECTION FROM AN ISLAND.

DISPUTE OVER MUTTON BIRDING

TPer Press Association.] INVERCARGILL, Sept. 3. At the Supreme Court yesterday Hannah Poliio Rikii (Temuka) claimed. £IOO damages from Win. Spencer (Bluff), for assault and ejection on the 11th April from Horomatnae, a mutton bird island near Stewart Island. Spencer claimed the exclusive right, to go mutton birding on that island on the ground of long custom; and that his family ' were descended from one of the chiefs, who - were the original owners . of Stewart and adjoining islands, when ceded to the Government in 1864,: while plaintiff claims that lief father, Pohio, was one ofAthe original owners, and the same deed of cession gives her equal privileges with defendant. She went to the island and Spencer and his wife ejected her, using, she alleges, undue violence. Attention was drawn to tho fact that an Order-in-Council was mado before the action was started, giving the Native Land Court jurisdiction to enquire into mutton bird rights on these islands/ and Mr. Justice Williams said the Supreme Court; could not proceed till the jurisdiction of the Native Land Court-had been invoked to settle the question of the privilege of defendant. If she established the claim to privilege the Supreme Court would then assess the amount of damages. The case was ordered to stand over in the meantime. The Court hap - finished here.