The Mafulu - Mountain People of British New Guinea by Robert Wood Williamson
page 120 of 414 (28%)
page 120 of 414 (28%)
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with no well-defined rights _inter se_, and the general ownership of
bush land which has never been cleared, or which, having been cleared, has been abandoned and reverted, must often be in a very large number of persons without defined rights. In fact, so far as bush land is concerned, one only has to remember that on the death of an owner it passes into joint ownership of children--that on the deaths of these children fresh groups of persons come into the joint ownership--that this may go on indefinitely, generation after generation--that bush, having once got into the ownership of many people, is hardly likely to again fall by descents into a single ownership--that indeed the tendency must be for the number of owners of any one portion of bush steadily to increase--and finally that there is no way by which the extensively divided ownership can be terminated by either partition or alienation--and one then realises the extraordinary complications of family ownership of bush land which must commonly exist. As regards both movable effects and gardens and bush land there must be endless occasions for dispute. How are the movable things to be divided among the inheritors, and, in particular, who is to take perhaps one valuable article, which may be worth all the rest put together? How are questions of doubtful claims to heirship to bush and garden land to be determined? How is the joint ownership of the gardens to be dealt with, and how is the work there to be apportioned, and the products of the gardens divided? How are the mutual rights of the bush land to be regulated, and especially what is to happen if each of two or more joint owners desires to clear and allocate to himself as a garden, a specially eligible piece of bush? Such situations in England would bristle with lawsuits, and I tried to find out how these questions were actually dealt with by the Mafulu; but there is no judicial system there, and the only answer I could |
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