TWO WAYS OF SETTLING A DISPUTE ABOUT LAND.

Maori Messenger : Te Karere Maori, Volume V, Issue 4, 27 February 1858, Page 3

TWO WAYS OF SETTLING A DISPUTE ABOUT LAND.

It may interest the Maori readers of the Karere to show how differently two cases of disputed title to land are dealt with, the one arising among the Pakehas, the other among the Maories. The one settled aceording to English Law, the other dealt with in accordance with Maori custom and

not settled at all. We shall first tell the Pakeba story and afterwards the Maori story-that our readers may compare the results in each case. Wbitely, a Pakeba, while working on some land which belongs to him conjointly with others, some of whom were related to him saw David a Palteha, come en to the land with a stranger, to whom David Was describing it with a view to selling it. Wbitely Pakeba desired David not to tell the land as he owned only a part of it. David persisted and Whitely declared if he conlinued to do so be would " have the law of him," that is, he would go before the Magistrate and have the case settled according to Law. David, unwisely, still persisted and Whitely went to the magistrate and slated bis case. The Magistrate told him that be must consult a Lawyer who would conduct the case for him. He accordingly went to Lawyer Jones who prepared the case and brought it before the Judge, and twelve men who were sworn to do justice and not to show favour to either th^X!^3T, wamlned »* ,,d Jt appeared ££r ™ ,a 2?,K e,oDged loa ™n>vhowas great grandfather to both Whitelv and had been div Wed among his children who were seven in number and «hn^ e „ SeS T n had it among their children, who were in all fifty Tfnw stt^ ■&**: bad the* shares to him, be therefore became the owner of eight shares and the remain* It to David and others, bTlfcvid himself had only a right to three shales. .. When this had been carefully enquired '«V b u IWC , lv * men declared tha? q Da>'d could sell on y his three shares, but that he could not sell an> of the remainder. Moreover he must first get the whole of the other proprietors to agree to divide the proper?)

into shares before he could sell any portion of the land, otherwise, be could not put the purchaser in possession of any particular part. The judge approved of this decision and David was obliged to give up bis intention ol selling until he could induce the other proprietors to agree to his so doing. David was then made to pay the expense of the Land because he was in the wrong. This i s the end of the Pakeha Story, WE WILL NOW TELL THE MAORI STORtf. David, a Maori, took a Surveyor to survey some land near New Plymouth. Whitely, a Maori, saw bim and bid him go away for that he, Whitely, had a claim on the land and would not allow it to be sold. David denied Whitely's claim and persevered. Whitely warned bim off, and Uien shot him dead. Aftej this a feud commenced. Whitely and William Ring we e on the o«3 Part and Isaiah Kiri Kumara and others were determined to revenge the death of David. In the course of this feud cultivation was neglected and many fights took place. The following men were slain Rawiri Waiaua, Paora Te Kopi, Taituhu, Ihaka, Hamahona and twelve others, and thirty seveu were wounded. Two years passed away and peace was made, but Isaiah Kiri Kumara said in his heart I will have blood for the Hood of David and one day wheu Wb-tely had gone into New Plymouth and made himself drunken with strong drink Isaiah way-laid him and slew bim barbarously aud Rawiri Karira who was with him.. Then the feud broke out again with renewed violence. W.King felt himself bound to have blood for Whitely's blood. Pas were built, cultivations destroyed, cattle, pigs and horses slain or driven away and the following men Heta, Taiuati, Takua,Ebe and Hoeta have already fallen a sacrifice to their thirst for vengeance which is contrary to the Law of God and man. Vengeance is mine saith the Lord. But this is not all; if Isaiah should be slain, his friends will in their turn require bis blood at the bands of those who slay bim, and there is no probable end to a feud of this sort, except the utter extermination of one of the contending parlies. Let us look back then, 23 men have already been slain, many wives have been made widows, and who shall say how many children have been made fatherless, aud for what?

For a quarrel about a piece of land that was not worth' the little' finger or the least important of those who have been sent to answer for their deeds before the awful throne of their Creator; Judge for yourselves then, Ob > friends, which law is the best, the English orthe Maori Law*But you say that the Governor does not interfere when the evil is confined to the Maories alone; but why is this? If a Maori commits an offence against the law, his friends protect bihr and it might require soldiers to capture him; but if an Englishman breaks jbe law a single police-roan is sent to fetch him, and- be probably surrenders without trouble. If be does not the Magistrate calls on the neighbours in the name of the Queen and they assist to take him a prisoner and bring bhn to prison or before the Judge as tbe ease may require.