NATIVE LAND LEASES

Dominion, Volume 12, Issue 247, 12 July 1919, Page 13

NATIVE LAND LEASES

ALLEGED FALSE DECLARATION COURT DISMISSES CASE Fourteen years ago John Roderick M'Donald acquired certain Native leaseholds situated at Horowhenua. It was discovered recently that the papers in connection with the acquisition of tho land were notvin order, and as u result M'Donald was' charged before Mi|. W. G. Riddell in the Magistrate's Court yesterday with making a I'also declaration which, in a judicial proceeding, would amount to perjury. The action was taken by Alexander Herbert M'Kay, Registrar of the Native Land Court, and it was alleged that on January 12, 1905, at Levin, defendant made a false declaration in his application to the Aotea District Maori Land Council for tho lease of certain Nativo lands at Horowhenua, by falsely declaring that he was acquiring the properties for his own use and benefit. There were five charges relating to five different properties, ono of 20 acres, and tho others of 44 acres, 48 acres, 52 acres, and 17 acres, all sit.uat.cd at Horowhenua. These proceedings constituted the first case of its kind heard in Wellington. Mr. M. Myers appeared for tho defendant, and Mr. P. S. K. Macassey for tho Crown.

council lor the lease ot certain iNativo lands at Horowhenua, by falsely declaring that lie was acquiring the properties for his own use and benefit. There were five charges relating to five different properties, one- of 20 acres, and the others of 44 acres, 48 acres, 52 acres, and 17 acres, all situated at Horowhenua. These proceeding's constituted die first case of its kind heard in Wellington. Mr. M. Myers appeared for the defendant, and Mr. P. S. K. Macassey for tho Crown, Tho evidence went to show that in 1905 J. R. M'Donnld.-junr., took up fivo leases and made a declaration -that he was acquiring the leases for his own use and benefit. In 1915, J. R. M'Donald, seur., died, and at tho time J. R. M'Donald, junr., was iii Australia. Defendant's attorney, L. ti. M'Donald, became ti party to a declaration of trust, whereby a declaration was nyide that J. It. M'Donald, junr., acquired the leases as trustee for his father. The transfer following the declaration of trust was put in for the consent of tho Ikoroa Land Board, but tibo board, instead of considering, sent the file to the Solicitor-General, who advised a prosecution on the ground that a false declaration had been made. After hearing the evidence, and the address of counsel for the defence, .who submitted that the case should bo dismissed on its merits, His Worship refused to say that something that had happened in 1915 was sufficient to send the defondant for trial in respect of an offence alleged to have been committed toil years previously. There was no evidence that J. R. M'Donald, junr., had not become trustee for iliis father between 1905 and the date of tho declaration of trust. Tho information would he dismissed.