ment. As soon as the lands court is reported to be about to visit the district, every tribe begins extending its forest boundaries. The claims invariably overlap, and when the surveyor visits the spot, he finds newly-made plantations overlapping one another for several furlongs in inextricable confusion. Any of these plantations, if the claimants be successful, will be vested in the persons who acquired them, with of course the same restrictions as applies to the tenure of nkele generally.
METHOD OF EVICTION
Having sketched the manner of acquisition and appropriation of common land, I will now describe the common method of divesting the person of ownership. This could only be done immediately after appropriation, as a protest against his right to acquire and plant, or as punishment for a crime. In the latter case the crime must in some way have infringed upon the rights or dignity of a chief, and that chief must feel in himself the power to support his prohibition by force of arms if need be. The custom was called veisauthi. It consisted in sticking a row of peeled reeds into the acquired ground. From this the land-grabber understood that he planted again at his peril. If he felt strong enough he might continue, but he would have to fight for it. As a general rule he desisted, because he knew that the protesting parties, whoever they were, had not taken this step without counting the cost. If the protestors were persons within his own tribe, the dispute would be brought up before the council of headmen, and adjusted one way or the other. If the veisauthi was resorted to as a punishment for an injury to the chief, it was erected upon all the planting-lands of the offending person. It had only one meaning, that he must flee for his life, and, conscious of his guilt, he almost invariably did so. Even if he were stronger than the chief he fled to collect his strength among the enemies of the tribe, for the veisauthi in this case meant that he would be killed by foul means rather than fair—by the club in his sleep, or by poison.
The Veikau, or Forest
EVOLUTION OF THE LANDLORD
This term included all the uncultivated lands within the reputed boundaries of the tribe. As I have already said, these boundaries fluctuated with its military strength. Much of the land was worthless for cultivation, rough, bare hills, from which every scrap of soil had been washed by the summer rains, and on which the scanty herbage was scorched dry by the winter drought, and burnt annually in the autumn bush fires. To such land as this no value whatever was attached. At the foot of every hill ran streams, with patches of rich land here and there along their banks. To include this, the claim was laid to the whole tract. Besides its value as planting land, the actual forest was often claimed for the rights of cutting timber, and pasturing herds of half-wild pigs. Forests containing the vesi, valued as the best timber for the posts of houses, or sandal-wood, a profitable article of barter from remote times, were claimed with the same tenacity as in the case of the nkele; but they were claimed by the whole community, not by individuals. We have now to observe a very curious transition from communal waste lands to land owned exclusively, under the law, which is so well described by Sir Henry Maine. The waste lands belonged, collectively, to the tribe, but inasmuch as tribal matters were decided for the community by the chief, and an oligarchy of his supporters, the ordinary freeborn men of the tribe gradually ceased to ask for any voice in the disposal of the waste lands. The chief, accustomed to decide questions of appropriation without reference to his people, came gradually to look upon the waste lands as his private estate. The change finally came when fugitives approached the tribe asking for their protection. They came, of course, to the chief, as the tribal representative, and asked for protection, and for the usufruct of land on which to plant their food. He, in the name of the tribe, allotted to them a portion of the veikau on the ordinary tenure of dependants, namely, an annual tribute from the crops grown upon the land. This tribute, presented to the
chief, was divided out among his own people, but gradually the annual tribute was supplemented by produce yielded on the chief's demand, whenever he had a feast to make. In making these demands he was no longer acting as a tribal representative, but as an individual. In the course of generations, the origin of tenure faded from the memory of the people, and it was only remembered that the land was held upon the condition of personal tribute to the chief, to be yielded on his demand. He was, in fact, the landlord, they the tenants. I shall describe in detail various tenancies that arose in this manner. We are concerned at present with its bearing upon the veikau. Among the lands thus granted to dependant tribes were considerable tracts that remained uncultivated. In theory the grant had been only in respect of the land actually used, but in practice it was common to regard the veikau surrounding the plantations as tenanted by the dependant tribe. This portion of the veikau was held on a different tenure from the main portion claimed by the predominant tribe. In the latter case the chief alone claimed the disposal of it, or of the trees that grew upon it. In the former he rarely gave leave even for the cutting of trees, without first intimating his intention to his tenants. They had in fact acquired rights over it allied to usufruct. They might cut timber in moderation without leave. They could appropriate to individuals of the tribe such portions as they required, but they might not grant leave to cut timber to outsiders without first obtaining the chiefs permission.
The owners of the soil of a conquered tribe are reduced to a servile status provided that their conquerors settle within reach of them. Mere conquest without occupation produces no change in the form of tenure. Tribute may be paid perhaps for a year or two, but as soon as the conquered tribe feels itself strong enough to repudiate its subjection the tribute ceases, and the tenure of land within the limits of the tribe have from the beginning remained unaffected. It is otherwise where conquest is followed by occupation. In such cases, from free landowners the conquered are reduced at one sweep to the nkalini-ni-kuro, or kitchen men, the lowest
status known to the Fijian customary law. An instance of this sudden change is to be found in the tribes of Maumi, Ovea and Mokani, who were probably originally owners of the soil on which they live, but who have been reduced by the occupation of the Mbau chiefs to the status of kitchen men. The ceremony of transfer varied in different districts. In Mbau it took the form of the soro-ni-nkele (earth tribute). When the conquered people came to pay their submission, besides the whales' teeth they presented a basket of earth in token that their land was at the disposal of their conquerors. This does not necessarily mean that the land was conveyed to their conquerors, for land, without people to cultivate it, was valueless. They rather conveyed their own bodies with the land on which they lived as being inseparable, and only valuable when in conjunction. Among primitive peoples an act done at regular intervals tends to become a permanent institution. There is no legislation among primitive tribes, but custom, however it may arise, tends to become law.