THE LAND ACT.

Taranaki Daily News, Volume XXXXV, Issue 45, 20 February 1903, Page 2

THE LAND ACT.

ENFORCING THE SETTLEMENT j CONDITIONS. | The question of Mr Courtney's sections came before the Land Board again on Tuesday, Mr Kerr, solicitor for Mr i Courtney, appearing on the latter's bB-, half. i Mr Kerr submitted that although the Board's decisi n in forfeiting the sections was equitable and just, still there were circumstances in connection with the case that he thought might lead the Beard to remit the last; p >ymen made of .£lO3 lis 6J, boing thi balance c>f arrears of rent, Mr Courtn y had received no benefits whatev «■ from his sections, he hid paid a Urge amount away in rent, and that financial troubles, chiefly in connection with the abattoir site, were the real cause of his not being able to improve the sections and pay his As solicitor for M.r Courtney, he did not wish to question what the Board had done, in fac, they had been long suffering and rrasonabl-j, and the stand the Beard had taken was unassailable in law or equity ; ha therefore asked the Board's favourable consideration of hi« request) The Commissioner staged that Mr Kerr and Mr Courtney had recently interviewed the Hon. Mioister of Lrads in his (Mr Macker-2ie's) presence, with a view to the mitigation of tha Bjard's action. The Hon. Mr Duncan having heard the facts decided that it was not

a casj foe his interference, and that the Bjard's action must be sustained. He (the Minister) was, however, prepared to consider favourably any remission of i rent that the Board might recommend, but the forfeiture must be upheld. The 1 ca*e was undoubtedly a bad one, the ' mere arrears of rent sifter all only con- | stituted a miuor part of the matter, . and could have been largely overlooked. • The pcr.'is ent neglect either to reside r or carry out the improvements was the | trouble that led to the forfeiture, added to the facts admitted by Mr Courtney . that he was a professional speculator in . the broadest sense of the words, although 0 he (the Commissioner) must say M> • Courtney had never attempted in this 0 particular case either to part with r his helding or speculate with it. It ws more of an attempt to retain the laud and avoid residence and ima prevements. The law, however, had £ been fully vindica'ed. Mr CaurtneyV J land had been forfei'ed by the Crown, l 3 and every penny of rent paid. This being so, the Board having been just it might afford to be merciful, and make a a recommendation that say, one-half of n the last instalment of £lO3 11b 6d j should be remitted. After all, the , n main desire wag to prevent acts like >• this from being repeated, that such in extreme action was resorted to, r»'h"r than the penalising of the iudividu il. <j Mr Rattenbury endorsed all that the )6 Commissioner had said, and felt hj« would be wanting in the discharge of id his dnty as a member of thn Land Board if cases like this could be lightly treated. The conditions of the Land i(j Act must be strictly enforced as tc residence and improvements. The a l Board's policy was awintance and proal tection to genuine betters, but treating in an exemplary manner all evasions oi id the spirit of the Land Act. The Board 8 - having made an example in this cass & a he would favour a remission of ren*\ l, Mr Heslop said that the surround IW ings of the case were such that anyng, thing less than forfeiture was ioopia | sibl», in justice to others with wh'rr is' the Board had to deal. It was not Mi 00 Cjurtney's first offence. He recog nised, however, that he had been s k® heavy loser, and on that account h< k e would favour a remission of rent. Mr Kerr thanked the Board foi

their consideration; and bis client wo ild no doubt agree that his case had been liberally dealt with ; Mr Courtney it was needless to say had been a heavy loser in the matter. He (Mr Kerr) recognised that the Boird had undertaken a very unpleasant task aa a matter of sheer duty, and purely in the interests of lanl settlement. Thn Board afterwards re'olved that " as the law in this case had been ful.y vindicated, the Hon. Minister for Lands ba recommanded to refund to Mr Courtney ono-half of the last payment of £IOB lis 6d, 1e33 the cost of collection."