QUESTION OF A LEASE.

Taranaki Daily News, 17 October 1917, Page 6

QUESTION OF A LEASE.

DATE OF STAMPING. AN AffELLANT'S DILEMMA. A case with some unusual features occupied the No. 1 Military Service Board for a considerable time yesterday, some interesting evidence being given by the appellant and his father relative to the date of stamping and signing a lease. Arthur Henwood, farmer, Waiongona, who appealed on the grounds of undue hardship, deposed that he was married. aged 34, and without family. He leased a farm of 107 acres from his father since 1912, and milked 24 cows, besides carrying other stock. The lease produced was dated on September 1, 1912. To Captain Walker: He could sweat that was the actual date the lease was stamped. To the chairman: Appellant and his wife did the milking. He had no other assistance. There were eight rooms in the residence. Appellant's father and mother resided with him; a granddaughter also lived there. Appellant had four brothers—J. W., married, with five children, resided four miles away, and was milking 50 cows by machinery, his eldest son ho if-19; G. E. was also farming two miles away, milking 15 cows; A. H. was also farming, half a mile away, milking 13 cows by hand; L. H., married, was on the railway at Hawera, but had been farming in his younger days. Appellant had eight sisters, all married but one.

To Captain Walker: Appellant wa» farming when he got married. He did not remember driving a day, except for one day. That was the only day's wages he had earned since he took the farm in 1912, save haymaking on neighbors' farms. He was prepared to swear that the lease was signed on September 1, 1912. The document was drawn up by Mr. Gibbs, an agent, who placed the stamps thereon (the stamps consisted of one at 5s and one at Is).

Captain vValker remarked that in September, 1912, stamps to the value of 5s were sufficient to stamp the lease, whereas in November, 1015, an amendment of the Act made 8s necessary, and it was a remarkable thing that this lease bore 6s stamps. Why waste Is? To Captain Walker, appellant said that Gibbs drew the lease up for nothing. Captain Walker: Why ask him, and not a solicitor. Is he a friend of the familv.—Father does business with him. J. W. Henwood, Snr.: Of course, he got pßid. Captain Walker: Perhaps the Law Society will take some note of this breach of the Law Practitioners' Act. U itness stated that Mr. D. Todd had witnessed the signature, but could not sav why the extra stamp was put on, The lease had been discussed beforehand.

Captain Walker: What would you say if you were told that that shilling stamp was not in issue about that time? Witness said he did not take any notice of that. To Captain Walker: His brother A. H. could not take charge of appellant' 9 farm, as he could not look after two farms. If appellant could sell his lease he was willing to go to the front. He was prepared to take less than £IOO for every vear he had been on the farm. He did not think it right that he should sacrifice everything and have nothing to ■start on when he came back. Mr. McLaren: You would be better off than a laboring man, who ianot able to

To Captain Walker: Appellant did not know his father's means. To Mr. McLaren: Appellant had been in the Territorials, and fully realised the nature of the struggle our country and the Empire were engaged. Out of'the five brothers, none had volunteered. Mr. McLaren: How do cases appeal to you where there were Ave brothers and one sister, and all had gone; where six brothers had gone; and where five brothers (one a married man, with five children) had gone? Do you mean that five able-bodied men cannot arrange to let one away ? Appellant: I can't realise my farm. To Mr. McLaren: Witness said that he had discussed the m'atter of going with his father and family, but his brothers said that they had enough to do on their own farm.

Mr. McLaren: Could you blame people if they said you were shirking your duty? Witness: I don't think I am a shirker I am quite prepared to go. In reply to the chairman, witness said that he was absolutely certain the date the lease was signed was September 1, 1912. Captain Walker asked the chairman to note the reply, in view of possible proceedings, and remarked that the witness ought to be warned. Witness, in rep 7 .y to the chairman, stated that to t'.ie best of his belief, as far as he could remember, the lease was signed on the date mentioned, in Mr. Gibbs' office, when those present were Mr. Gibbs, Mr. Todd, witness and his father. The chairman: I will not pin you down to the exact date, but was 1912 the year? Witness: The correct date the lease was signed was that on the lease. The chairman: You saw the stamps dated and cancelled at the time the lease was signed?— Yes. To the chairman: The initials J. W. H. were his father's, and he thought the date also was in his father's writing. The chairman: Then, if those figures are 1/9/1*:, you say that must be the date the lease was signed?— Yes. The chairman: What have you got to say if I tell you that the 1/- stamp used did not come" into issue until 1910? Witness: I don't know anything about that. The chairman: If the stamp did not come into issue? Witness: Then it would not have been put on at that date. The chairman: Then your statement is evidently not true. Witness: By that it isn't. The chairman: Come, then, giv» us the true date that, it was Bigned, remembering that the stamp was not issued in 1912.—1t could not have been, at that rate. Do you know when it was signed?— It was September Ist, anyway. It could not be Mil Mr. Williams: There is a v lot of difference . between 1912, -and 1918;' v ; • Witness reiterated that the agreement was made in 1912 and he took the place in 1912. Mr. Gibbs' writing was in the body of the agreement. To Captain Walker: The agreement was made out and, later, was taken back, and the stamps put on about two years ago. :,<•■' Captain Walker: Are you prepared to get the witness to swear he witnessed it in 1912?~Yes; I expect he'll come. Captain Walker: The whole thing is a fake for the purpose of defeating the Military Service Act. John William Henwood, father of the previous witness, a retired farmer, deposed that he was 74 and lived on the Wo'rtley Road.' His son had been on the farm all his life, and had taken up the louse in September or October, 1912. The agreement to lease was drawn up at the time by Mr. Gibbs, a land, agent in [nglewood, in whose office it was signed, but not stamped. Two copies were made. Witness, his son, Mr. Gibbs, and a witness were present. He, was told later, by Mr. Paterson, for one, that the lease was no good unless it was stamped, and he took it back about two years ago and Mr. Gibbs stamped it and witness wrote his initials across the stamps. To the chairman: Witness could not be sure that it was two years age. The chairman: Suppose I told you that the/stamp was not on issue, what would you say? Witness: I don't know, I know he got the stamps. The chairman: Are you telling the truth? Witness: I am telling the truth. I don't know where he got the stamps from, but I know that he got them. j Mr. Williams: Surely you must under- j stand that if the stamps were not in existence two years ago they could not | have been put on the document two j years- ago. -The chairman: Do you seriously tell the court that the lease, was made in Wl2? Witness: I tell the court that the copy was made. Mr. McLaren: Where is the other copy? Witness: It was destroyed. It was no good when the other was made out. Captain Walker: It is most unfortunate that you make out your son was ■ lying. He stood in the box and, under his solemn oat'li, represented that the document was made out in 1912. Witness: He could not have made that out. He must have meant the copy. Captain Walker: Does Mr. Gibbs keep his office open on a Sunday J Witness: He may do. Captain Walker: September 1, 1912, was on a Sunday. Witness: Then we must have gone on a Sunday. Witness further stated that he would like to see his son go to the war to-morrow, but for the farm, which Was going to ruin when he got his son to.work on the place and protected him by a will from his brothers and sisters. Captain Walker: Why did he not volunteer three years ago?—No answ«r.

To Mr. McLaren: Witness and his sons altogether had six farms. Mr. McLaren: By what right should you possess these while others fight for them ? , Witness: I am an old pioneer, and worked hard and had to fight for them. I am quite prepared to let him go if my farm is looked after. Are you going to ruin me? The chairman: You will not be ruined Witness: Do you expect me to work at 74? . The chairman: There is plenty o! labor. Witness: I can't get any labor and no one will take the farm. Mr. McLaren: That document condemns all you and your eon have said. Captain Walker asked that the documents be impounded. Mr. Henwood was proceeding to say: "I have a right to speak," when tie chairman eurtly remarked: "We ba.v» heard enough. That will do." Arthur Henwood, recalled, stated that the document was a eopy of the on* made out in 1912, of. which he produced another copy from his pocket, slating that three copies were made. He did not know where the original was. He 49tf&'g!lQ$ say for sure when the copy