190
interest of absentee members of the tribe is ad-
mitted by the residents, but the tribal estate must
be regarded as held by the actual residents, whose
dispossession by whatever means effected will be a
dispossession of the whole tribe. The interest of
absentees who have abandoned the tribal lands, and
acquired possessions and a settlement elsewhere
cannot be regarded as existing independently of the
tribe as represented by the residents or otherwise
than as subject to contingencies which may affect the
position of the latter as owners and possessors of the
common tribal estate. The absentee claim depending
solely on the maintenance of possession by the resi-
dents, must be held as subject to diminution in pro-
portion to the extent to which the residents became
dispossessed of or forfeit their right in the land. The
interest of a loyal absentee claimant will thus bear
that proportion to the interest of a loyal resident
which the number of loyal residents bears to the
number of resident rebels.

The evidence before the Court supplies the follow-
ing data:—The area of that portion of the Ngati-
ruanui Coast Block, which is the subject of the present
investigation, is computed to be 428,000 acres. The
open land and available bush extending five miles and
a half inland from the coast line is estimated at
131,720 acres, leaving as bush land unavailable
296,280 acres. The persons interested in this land
as residents number 997. Of these 957 have been
engaged in rebellion since January, 1863, and 40 are
residents, whose claims to compensation are admitted,
the Crown having elected to give the claimants land
in lieu of money as compensation for their claims.

It is ordered by the Court that the claimants whose
names are set down in the Schedule appended hereto
and marked A. are entitled to receive four thousand
eight hundred (4800) acres of open and available land,
and eleven thousand two hundred (11,200) acres of
bush land, being at the rate of one-hundred and
twenty (120) acres each of open and available land,
and at the rate of two hundred and eighty (280)
acres each of bush land. The open and available
land to be of value equal to the average value of
land lying within five miles and a half inland of the
coast line between Waitotara and Kaupokonui, and
the bush land to be of value equal to the average
value of bush land lying beyond five miles and a half
from the coast line.

It is further ordered that the claimants whose
names are set down in the Schedule appended hereto,
and marked B. are entitled to receive three hundred
and ninety-five (395) acres of open and available
land, and eight hundred and sixty-nine (869) acres
of bush land, being at the rate of five (5) acres each
of available and eleven (11) acres each of bush land.
The open and available land and the bush land to be
of the same value respectively as prescribed in the
case of the claimants in Schedule A.

And it is further ordered that the land hereby
awarded to the claimants in Schedule A., and to the
claimants in Schedule B. respectively, shall be selected
by the claimants and by the agents for the Crown in
conformity with the ninth clause of the Rules and
Regulations for the practice and procedure of the
Compensation Courts, made by an Order in Council,
dated 16th June, 1866, in blocks of such extent and
in such localities, available for the purpose, as may
be desired by the claimants, with the view of locating
together members of the same tribe, and of including,
when practicable, lands which they have previously
occupied and cultivated, such selection being subject
to the final award of the Court.

SCHEDULE A.
Hata Rio
Maka Taiapiti

THE NEW ZEALAND GAZETTE.
Paramena Tumahuki
Reihana Terekuku
Erueti Te Pewa
Wahanga
Mohi Rahui
Heteraka Ria
Nikorima Taiaroa
Herewini Tumina
Riria Tutere
Emira Ronginga
Anairi Te Auripo
Wi Turaki
Te Hemara Rangawhenua
Horomona Tutewhiwhia
Nakora Te Manukarioi
Rio's Children (one share)
Ihaia Te Hokoiti
Rawera Perangi
Tini Pahewa
Koroneho Te Ika amaui
Hariata Te Rapu
Raimapaha Kapui
Mata Hihina
Te Omaoma
Rihari Mokaikereru
Hera Tuawhenua
Rahera Te Kou
Horopapera Pukeke
Herona Hineihara
Karo Hinehau
Mere Awatea
Mere Hotene Terawaitu
Ani Teatea
Harieta Mariao
Ihaia Te Horopitau
Rahera Tiwai
Rina Rerekaipuke
Hori Ruatuna.

SCHEDULE B.
Horima Katene
Haimona Hiroti
Hare Te Opa
Mohi Nuimatua
Wirape Takarangiatua
Jahia Apaparangi
Wikiriwhi Te Whakaoru
Ihipera Rangitatai
Henerete Uruhina
Pere Tamati
Ahipane Marangai
Heta Te Manurua
Hakaraia Te Poho
Arapera
Te Keene
Henare Pumipi
Hurita Kewahoro
Tare Teretiu
Harirota
Arona Poutini
Pouaru Rakorako
Ihikiera Te Waikapoariki
Hemi Kara
Harata Rimutahi
Rangipupu
Wikitoria Tamumu
Hare Tamumu
Pirihira Te Arohoro
Hoani Parao
Natanahira Taiariki
Haira Kahutararoa
Rewi Horomona
Pomaparie Haunui
Te Hirata Te Poti
Rini Hemioata
Katera Te Hiri