Teira, he had been required to mark out the boundaries of those portions of the six hundred acres which he and his party claimed, the onus probandi would have been placed on the right man. It would then have been discovered that those portions were detached and of various shapes and sizes, and in some cases only to be approached by narrow paths, and that some of his boundaries were disputed. For all which reasons what he could have rightfully sold would have been of little value for the occupation of our colonists.
But in addition to any claim of Wi Kingi and others whom he represented to the ownership of portions of the six hundred acres offered for sale by Teira, they had a further right not to be disturbed in their holdings, which does not appear to have been considered at the time.
When the Te Ati-awa tribes determined to abandon Cook's Straits and return to the lands of their ancestors about Taranaki, they were still in dread of their old enemies the Ngatimaniapoto. It was therefore arranged among them, for their better security, that they should form one united settlement on the south bank of the Waitara—thus placing the river between themselves and the common enemy. Supposing, therefore, that Wi Kingi and his division of the tribe had no land actually their own by ancient right at the place thus occupied, they had acquired a right by virtue of the arrangement made, a right recognised by old native custom, on the faith of which they had expended their labour in building houses, as well as in fencing and cultivating the land, to disturb which, in a summary manner, could only be looked on as an offensive act. We have seen also how
