E—No. 5a

in reference to pigs. And the redress (as even now) was generally of a very summary character. After an ineffectual appeal to the owners to pay for the damages and keep away the animals, they were slaughtered without mercy, and eaten with great relish; nor would the owner resort to further measures of retaliation than that of obtaining a quid pro quo, and doing the same in return on the first opportunity: and so the balance was struck and good temper maintained. But when the pigs belonged to any of the trading Europeans, they were impounded and detained, until, after long discussion, the damages Were paid for in property. Soon afterwards, however, cattle and sheep, were introduced and spread in the Island, and the evil was proportionably increased. As to their Cultivations on fenced land. And here it may be observed that the Maoris erect their fences, not so much as a matter of obligation to their neighbour, as of convenience to themselves; pleading as an allowed fact, that the crops do not go to the cattle, but would remain uninjured if the cattle did not »o to them. Hence it is that so many of the Natives still object to put up what are called "substantial fences," as against sheep and cattle; stating that their own fences (posts stuck into the ground) are generally substantial enough, as against their own pigs. And that is a fact, for though the swine will nose themselves through any of the rotten sticks, yet are they afraid of burrowing under the pointed ends of them: whereas in the case of a stone wall, I have frequently known them to pass underneath with impunity. So that, in reality, no fence whatever can be said to be substantial as against pigs unless its foundation be well laid underground. As to horses and horned cattle, they will easily break through an ordinary Maori fence; and though one of strong post, and three rails will keep them out, yet it is of no use against sheep ; nor is anything less than five broad rails substantial against lambs. Such Maori fences as have the sticks piled up horizontally are of little use at all, for they are easily leaped by cattle or horses, and as easily climbed over by sheep or goats. But even in fences of good construction, the Natives have been known to make a temporary opening, and then by dropping food on the pathway entice their neighbours' pigs within the enclosure, where they have been duly shut up aud impounded for damages. They also frequently leave their gates open, on purpose to entrap the cattle: or their horses, &c, will sometimes come home attended by those of other owners, which are immediately secured and complained of as the only trespassers: so that much of the case depends on the real honesty of the complainant. What is called a " hedge and ditch" fence is of little use against any animals, after a short time, unless made very wide and very deep. " Log" and " stake" fences (usually erected in new clearings) are very substantial against cattle, but of little use against sheep, &c. At Waiheke, most of the cultivations are fenced in according to Maori fashion, and the Natives possess a few stock of their own; but complaints are made of the number of cattle which are taken down from Auckland, and then without any authority turned adrift on the Government land; whence, of course, they wander all over the island without proper supervision. The stock of some of tlie Europeans located on their own purchased farms do the same thing, and much trouble and bad feeling is the consequence. And so with respect to nearly every other part of the Colony where the Natives are still indisposed to erect suitable fences, the evil will increase with every increasing year, unless some stringent provisions be made to apply to all classes of the community. Wherever substantial enclosures are made, we hear but little of trespass, and the good neighbourhood of all parties is seldom broken; for it is chiefly to this cause that most of our misunderstandings in Native Districts is attributable, those of the European residents whe breed no cattle having seldom any but trifling quarrels with their Maori neighbours. As to the unfenced lands, whether waste or cultivated, the evil of trespass is much greater, from the nature of the case. At Coromandel, the Native plantations remain unfenced though situated in the very centre of the district, on account of the few European cattle in the neighbourhood. The Maoris possess many horses, but they are generally kept well tethered: there is plenty of timber about, but the people are too idle to make use of it. On the eastern bank of the Thames River, the unfenced cultivations are extensive, with no European stock but what belongs to one or two proprietors; and against the incursions of these, the people naturally complain of the hardship of having to fence-in their lands, if required to do so, in so pnrely Native a district. They are satisfied to keep them as they are, as amongst themselves, and very justly complain of the trespass occasioned by others who could easily avoid it by fencing-in the few cattle they possess. The same observation I have made in other districts where the stock is limited, and the cultivations extensive; but especially in the country about Waikato and the Bay of Plenty. The universal practice of cropping different lands in rotation (partly from necessity, and partly to uphold their ownership to the soil), is, however, the chief reason why the Maoris are so indisposed to erect substantial fences on any particular spot; and their being confined to special reserves, is generally accompanied by great improvement in respect to their enclosures.

But amongst Europeans (as was once the case at New Plymouth) there is sometimes a strong feeling expressed to maintain some particular agricultural district in an unfenced state (as in many parts of the South of England), rather than expend so much of their means in unnecessary enclosures. On the same principle, amongst the Natives, a large ring fence is frequently made to include the cultivations of many proprietors. As to the trespass committed on the waste lands of the Maoris, the subject appears beset with many difficulties, if the claim be allowed. It is only of recent date that they have asserted this claim of " utu-karahi," or grass-money, for the depasturage of that which is self-sown and unused by themselves. For instance, the grass at Waitara, around the villages, was uncultivated; but being required for Native purposes, all visitors had to pay a certain fee on tethering their horses upon it; whereas at a mile's distance they might have fed freely without any charge at all. For the same reasoD, the

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REPORTS AND SUGGESTIONS