MILITARY LAND CLAIMS.

Dominion, Volume 4, Issue 967, 7 November 1910, Page 4

MILITARY LAND CLAIMS.

y Sir,—l left the Army in 1866, Laving j f obtained a certificate from the Horso j. "Guards that/1 loft with tho.''intention i;,.:of settling■'.in':'Now Zealand. When, I i arrived in•'" Lyttelton, December 20, - 1866, I found that tho'Auckland "Waste !:• Land Act* 1858, under which a grant I, of." land'. was made to military . settlors, .'•• had"been repealed, ;which''fact was'then' j- unknown in England, consequently, J ;■;'.'■'.was "but of court," as it were..- •To :' remedy this I. got Clause. 64, .Auckland. i Waste Land Act,.. 1858, Amendment i '■■ Act, 1867, passed'; by, the Legislature, [-herewith; attached., .This' olauso 'l is therefore the only legislation bearing |..•■ on mine and similar cases.' .Now,,how [.- has this clause, been given effect top '- Tho answer is most emphatically that r "It has been .entirely ignored. '; One \: . Commissioner (Mr.' Gudgeon). 'blocked ■'mo for a time by refusing: to accept J; . my name being in the Army list; as ' proof '. of my . having been an officer.' .When I ;,. -obtained a certificate from the; Horso i Guards,: certifying such to bo the case, ' he superciliously wrote to inform me i'.' that, "If my claim were all-.'that I j' stated, that was not the alpha and •." omega of it, the Government need not ;•';■: grant you land unless. they" like, - tho ;;;clause only says it shall be lawful, it : is not made obligatory." : ,-'A' contempjtible quibble. Another .Commissioner [•;'. (Colonel Crowe), when aslied by ;mo ;•'■■ why my claim was thrown out, an- .. sweved, "Well, to toll the truth, .Cap- \: tain, I never'read it." ; ' Mr. Huntty /Elliot; when TTndor-Secrctary of Crown }'. Lands, opposed it, saying I bad waited to claim my land uhtil.it became moro , valuable; quite, in his great wisdom, ,: overlooking the facts that tho same inJ',., crease in" value would-have taken-place ! : -were. I. the owner, and that the longer i the delay, the fnrther back • would. the j : selection have to bo' made', ahdy.thefef fore would really decline in value.• -■ !■'."■■■;,.l ■suggested," with, this class of' obi : structionists in the ,way, .that.tho. Gov- :, eminent should appoint tno resident .'.' .magistrates to. hear, these claims. ' So [■ far, so good. I attended tho Resident > 'Magistrate's Court,' and .-Mr.-' : Bishop ; heard my claim. I placed.befo.ro him ;■„■• the clause before referred to, and fully explained my position, hoping-that .at ;. last justice would, bo done. Hopeless ■ "and empty delusion! T, a week or" two [..'•after, received a note from him, in- !. forming m& that Mr. Kensington, Un- ! '■ der-Secretary of ;Crown. Lands, blocked, ;■•. my claim, as the land order was not , executed within three years of its. date :■•' of issue, and if I had any remarks to ' make ho would be pleased to hear mo ;. on August 24r .1 then waited on Mr. i Bishop, and the following dialogue, took i place:— v , ' "; : R.M.: You; see what tho Under-Secre- ; tary writes,:what bave you to say?" .■: Self: Well;- sir, this 'is tho-first I ever heard of a limit of three years being imposed, and you will see by ref- : erence to.Clause 64.which;is.there be- :•'-,' fore yon, 'that .there is" no 'mention of '•: . Jt - ■' '.•'"' ." ■' '. ■'■':■.'."■ ,';='■;: '• R.M. ::I can't help that. \Yb\i"did not.mention this three,years'..'limit to, j me. I-had recommended, your-claim, '■*. to the favourable "consideration' of - the ;• Government, but this, T fear;, will block j.,. you. : v," . ■ ]■::■ .•' v,'.■;:'..■... ,- ! "■'••■• Self J-: It is i moftstrbus', injustice.'. .;.; ..What can I do, then? t-.y .8,.M; : Y.;.Y0u had better petition the \ ■ House. ■-'■' -.. ,;■••: i,-"" Self:: That' is> useless, sir. '' \.- Th % nest cas6 cal! ed, I thanked y hmi for the '. opportunity"" afforded mo !■•■ to deny the, existence of "this- three l•.• ■- years' limit—and retired. : '"" ■ " ■ ''.' "'"'■": '<. :.Now, sir, it is evident to any. unpr.fr-" !;,-..'judie'ed mind that with the only legis- ;,' lation bearing on my case, the Resi- |, dent Magistrate reported favourably on !, :it in the-~fir.st.-instancV'and : thii'M'C-' i. port was subsequently .altered...to, an [.'.'••.unfavourable one, as tho Premier, un- ;•■■,. der date October 13, 1910,"writes, inter j alia: 'The recommendation in your ':.■.".'base is unfavourable. Mr. Bishop is .-.incapable of falsehood. .'■ Wliat is, the ;.•"'■ use.of magistrates.making the inquiry . it fictitious and deceitful i obligations y are stated to be in force.' It is simply ■ a , reversion of 'refer it to the head of ...the Department.'?'■. To my mind, this appears ;a- most unwarrantable intcr- :.'... .ference' wfth.the courso 'of justice, and : ; . one that requires strict investigation by .'■ tho House,of Representatives. By in- . sertmg. this you ..will confer' a benefit. on myself and many others similarly ;' : situated.. The integrity, or, I should say,, the: freedom of the magistracy should be upheld.—l am, 'etc., ■ JAMES C. R. ISHERWOOD, ;'.'.■;... . Late H.M. 69th ,Regt; ' P!nclosure.] . Clause 64 Auckland Waste Land • '...-. Act, 1867. •It shall be .lawful'for land, to the' extent set forth in the clauses relating : to naval and military settlers in the Auckland Waste Land Act, 1858, to bo ] granted to any naval and military settler who may have':: bona 'fide within twelve months prior to tho first day of !'■■ March; ono thousand, eight hundred, ; ', and sixty-seven, retired from her Majesty s, service, with a view to settling y;m New Zealand, notwithstanding "that i'.such settler may not'h'avo applied for a land order prior to'the said date, provided that nothing beroin contained shall entitle military.' officers coming :■ over to New Zealand on duty to obtain •'■ • land orders for,themselves or families : (Page 532, Statutes 1867.)" ;.-. N.B.—No conditions or obligations ;. : imposed by t-his clause—simply the ex- > .tent"of grant. l : ■.:: ■'■'■' J.C.R.I.