X. Mr. Swainson, late Attorney-General of New Zealand.—1859.

From time immemorial land has been the principal cause of quarrel amongst them; and, with their independent spirit and sensitive jealousy as to their territorial rights, they soon began to regard with mistrust the introduction of British rule. Their territorial claims are not confined to the land they may have brought into cultivation: they claim and exercise ownership over the whole surface of the country, and there is no part of it, however lonely, of which they do not know the owners. Forests in the wildest part of the country have their claimants. Land apparently waste is highly valued by them. Forests are preserved for birds, swamps and streams for eel-weirs and fisheries. Trees, rocks, and stones are used to define the well-known boundaries. Land is held by them either by the whole tribe, or by some family of it, or sometimes by an individual member of a tribe. Over the uncultivated portions of territory held by a tribe in common every individual member has the right of fishing and shooting. When any member of a tribe cultivates a portion of the common waste he acquires an individual right to what he has subdued by his labour; and in case of a sale he is recognized by the tribe as the sole proprietor. If undisposed of by sale, it generally descends from father to son. And even the power of disposing of land by will, orally expressed at the point of death, is recognized among them. A certain man had a male child born to him, then another male child, and then a third male child: he also had daughters. At last, being at the point of death, his sons and daughters and all his relations assembled to hear his last words, and to see him die. And the sons said to their father, Let thy mouth speak, oh father, that we may hear your will, for you have not long to live. Then the old man turned towards his younger brothers, and spake thus: Hereafter, oh my brothers, be kind to my children. My cultivations are for my sons. Such or such a piece of land is for such or such a nephew. My eel-weirs, my potato-gardens, my potatoes, my pigs, and my male and female slaves are all for my sons only. My wives are for my younger brother.' Such is the disposition of a man's property. It relates only to the male children. The custom as to the female children is not to give them any land, for their father bears in mind that they will not abide on the land. They may marry husbands belonging to another tribe, not at all connected with their parents family; therefore no portion of land is given to them. Not so the male children: they stand fast always on the land." Such is the account given by an intelligent New Zealander of the customs among them as to the disposal of landed property.—[Swainson's New Zealand, 1859, p. 150.]