NAVAL AND MILITARY CLAIMS. LIST OF RECOMMENDED CASES.

Appendix to the Journals of the House of Representatives, 1911 Session I, H-21a

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1911. NEW ZEALAND.

NAVAL AND MILITARY CLAIMS. LIST OF RECOMMENDED CASES.

Presented to both Houses of the General Assembly by Command of His Excellency.

Wμ. C. Kensington, Under-Secretary to the Right Hon. the Minister of Lands. Old Soldiers , Claims. Department of Lands, Wellington, 28th August, 1911. 1 have prepared a report upon the whole question, which is attached. As, however, the several Stipendiary Magistrates only recommended for favourable consideration the persons whom they considered had established their claims, without making any specific recommendation, I append a list of the cases, with remarks for your guidance in arriving a 1 a conclusion in regard to each claimant. You will observe that the number recommended is small, and it is evident that the majority of persons who had any claim for consideration, so far ;is the statutes governing the matter arc concerned, have been satisfied.

LIST OF RECOMMENDED CASUS, WITH REMARKS.

! ■ «- a««»i« um,.,.rLa Recommendations and Name. Service. Remarke. Suggestions. Recommendations and Suggestions. ■ I Allen, Jamee (M.C. Navy . • ■ Claimant retired from army in 1865 and ' Held that claimant did 2571) settled in Otago. Acts of 1858 pro- not comply with existing Tided grants would be made to old conditions at the time soldiers who retired to settle in North of retirement, and i» Island. Magistrate in recommenda- therefore not entitled, tion points out that Act of 1889 extends "settlement" to any part of New Zealand. This is so ; but it is consideied that present inquiry does not give privileges now that did not exist it time retirement took place Baker, Robort (M.C. Taranaki Volunteers.. According to Taranaki Provincial Gazette, j Held that claimant re77)' 1872, claimant was awarded allowances | ceived his scrip under under Volunteer Land Act, 1865, for Act of 1865, as set forth tive years' Volunteer service, and for in Taranaki Gazette, four years' and a half active service. | 1872, and is therefore This was pointedoutto Magistrate, who not entitled to further rofenvd inatterto Mr. Baker. Claimant consideration. denies on oath that he received such allowances. Magistrate, in the absence j of proof that he did, recommends that allowances awarded in 1872 be now granted him. There is proof, however, that claimant received the scrip, as he j admits in application made in 1896 that be " applied to Provincial Government and was awarded scrip " Brown, John Henrv Hawke's Bay Volun- Has proved six months' active service. Grant of £5 recommended. (M.O. 235) teers The claim comes under the Volunteer Land Act 1865 tker, RolHMt (M.<'. 77) Jrown, John Henrv (M.O. 235)

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LIST OF RECOMMENDED CASES, WITH REMARKS—continued.

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_ ., Becoinmendatlora and Name. Service. Ren Suggestions. Bullut, Edward A. H. Taranaki Volunteers. . This is a case similar to the above. Held that claimant r«(M.O. 2469) Claimant's name also appears in Tara- ceived his scrip under naki having received an Act of 1865, as set forth allowance in 1872. On being con- , in the Taranalei OazetU, fronted with this fact, applicant denied ! 1872. and is therefore on oath that he received it, and Magi*- not entitled to any fuitrate has recommended the claim. ther consideration. There is evidence to show that in 1S71 scrip amounting to £12,270 was de- j posited in the Superintendent's Office., New Plymouth, and the Treasury adnat £7,030 was paid to Mr. Chilman, then Collector of Customs, to redeem the certificates. Though no r>oord can be found giving list of claims settled, there appears to be very little doubt that the Taranaki men received their Oarter, lohnl[(M.C. H.M. 40th Regiment.. There is a great doubt as to whether Grant of (2H> reoom2536) Carii! retired for purpose of settling mended. in New Zealand, but he settled al Auckland and has lived there ever sine Coffey. Donis (M.C. H.M. 57th Regiment. Claimant was discharged at Auckland in Ditto. 384a) 18(57 —conduct " Good " —and ha3 resided in New Zealand evereinoe. Saw a mind deal "1 active service Collins, John .. H.M. 14th Regiment Retired from Impel before 1872 and settled in New Zealand. where lie has resided ever since. Fought in several engagements Dearlove, Charles Colonial Defence Force, Entitled under conditions of enrolment to (M.C. 499), (de- Hawke's Baj a grant of land : was lawfully deceased) oharged j joined another oorps, and was killed in action. Representatives now claiming Kdgecombe, William Taranaki Volunteere. . j This is a similar claim to M.C. 24(i9, Mr. Held that claimant re(M.O. 591a) E. A. H. Kullot, above set forth. Was ceived allowance under awarded an allowance under Volunteer Land Act, 1865, as set Land Act, 1866, but denies having r< forth in Taranaki Gαceived it. Magistrate recommends zette, 1872, and is not entitled to further consideration. Evans, Robert (M.C. Colonial Defence Force ! There is no proof of rive years' continuous Held that claim is not en630) and several other Volunteer service, though claimant sav. titled to consideration, corps a- good deal of field service, mostly intermittent Fahey, Peter (M.C. H.M. 65th Regiment.. Claimant was discharged in L859, and (Irant of £30 reoom2230), (deceased) joined Militia, being killed in battle of mended. Waireka. .Niece (Mrs. Meachem) is claiming Fitzgerald, John Militia .. .. Claimant retired from Imperial service (irant of 110 recom(M.C. 665) and joined Militia, &c, and lias fur- mended. rushed proof as to t welve mont hs'activi service against late Queen's enei Focett, Charles (M.C. H.M. 14th Kegiment. . Discharged from Imperial service in 1868 Grant of £15 reoom2346) and has resided in New Zealand ever mended. since. Has had active service Hamilton, Michael H.M. 58th Regiment... Claimant was discharged in IHiii. bul Held that claimant is not (deceased), by his there is no satisfactory evidence to show entitled to considerneter (M.C. 838) that he came direct to New Zealand ation. after discharge to settle Hanlen, William K. Auckland Volunteers Claimant had no active service, though Ditto. (M.C. 845) the late Majoj Derrom certifies that he completed five years'continuous Volunteer service Harper, Henry (by his Wanganui Volunteere There is doubt as to whether claimant Urant of EJfi reoomson), (M.C. 865) completed five years'service, as Defence mended. Department advise that he had three j and three months. Messrs. Ldffiton and Jones both swear, however, that claimant served from 1860 to 1866. Me was actively engaged against the | Maoris on several occasions, and has claims for consideration for active service Hesketh, Charles Auckland Volunteere Though claimant completed five years' j Held that claimant is not (M.C. 2368) continuous Volunteer service, he has ' entitled to considerhad no active service ation. Hooker, Henry (M.C. Taranaki Militia .. This is another Taranaki claim wherein Held that claimant re2403) claimant denies that he received the ceived allowance under allowance set opposite his name in the Act of 1865, and is not Taranaki Provincial Gazette, 1872 entitled to further consideration. Howell, Henry (M.C. Taranaki Volunteere.. There is sufficient evidence to show that (irant of £10 recom 2509) claimant had about twelve months' mended. active service, during which he was actually engaged against the Maoris Name. Service.

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LIST OF RECOMMENDED CASES, WITH REMARKS— continued.

Name. Service. K.marks. """sS^H^™"^ Name. Service. Eerr, James (by I'nval Artillen .. There is no proof that claimant retired for Hold that claim is not d'aughtcri. (M.C. the purpose of settling in district where entitled to considor■>hi:v, free grants of laud were made, but left ation. for ( anterlnny h> lake up a position as Artillery Drill [nstruotoi and settled there Ken. William (M.C. Auokland Colonial De- Service in this corps was for three years, Held that claimant is not 1093) fence Force "i until legally discharged. There is entitled to oonsidernci evidence that claimant was legally ation. discharged . I.HiiLiriari. Thomas Taranaki Volunteers.. A further Taranaki claim in which appli- Held that claimant reM.c. 2508) cant denies having received allowance oeived allowance under provided for and set opposite his name Act of 1865, as s< i in the Taranaki Provincial (tazette, forth in Taranaki GαIK72 zctte, 1872, and is not entitled to further consideration. MoAuley, James (M.C. S.M. 14th Regiment.. ' Discharged from Imperial service in 1884, Grant of t:io reoom1366) and settled in the Hawke's Bay district mended in 1 866, and has resided in New Zealand ever einoe. There was some doubt as ' to the date of settlement, but Captain Qoodwyn - Archer, Veterans' Home, states thai from records in his po sion it is shown that claimant settled in 1866 Harsh, Beau (M.C. ; Taranaki Volunteers. . ! The same remarks apply to this claim as Held that claimant rel>507i In that of Thomas Langman above ceived allowance as set forth in the Taranaki Gazette, 1872, and ie not entitled to further consideration. Neale, Joseph (M.C. Auckland Volunteers (Completed Bve years' effioient Volunteer Grant of £10 recom24(i7i service, during a part of which claimant mended. was engaged in active service Nioolson, Angus (M.C. Auckland Naval Volun- (/ompleted five years' continuous Volun- Ditto. 22r>:{i leers teer servioe, part of which time claim- I ant was on active service Parkes, Frederick R. Wanganui Hides .. ('ompleted live years' continuous Volun(by widow), (M.C. teer eervioe as captain of the corps. 2.T74) . Was also on active service I'rieee. George A. Hawke's Bay Military It appears lint though claimant did not \ Orant of £20 recom(M.C. u>18) Settlers, Forest Ran- serve in corps that came within the mended gers Defence Force Aots, as the conditions of enrolment made provision for grante, Major Gascoyne and Lieut.-Colonel Goring credit him with having two years' continuous servioe in the field, which supports the Magistrate's recommendation that claimant is entitled at least for two years' active service, during which he was actually engaged against the late Queen's enemies Pugsley, Silas (M.C. Greytown Rifles .. Though this claimant completed five Held that claimant in not 2322) years' Volunteer service, he has had no entitled to consideractive service in the field ation. Ross. Kitliii.nl (M.C. Auckland Naval Has proved six months' active service. Orant of £5 recom17l7i Volunteers The claim comes under the Volunteer mended. Land Act, 1866 Shirley, Thomas E. Hawke'e Hay Volun- Claimant did not complete live years' <Jrant of £10 recom(M.C. I7!Il'! teers and Militia Volunteer service, but rendered valu- mended. able service under Majors Biggs and Westrup against the rebel Natives, at the lime when Tβ Kooti escaped, and took part in several engagements Simpson EdmundjS.T. H.M. 70th;Kegiment. . Retired from the Imperial eervioe in 1865 c.rant of £30 recomand settled in New Zealand, where he mended. 1 has reside d ever since Smith, Henry (by Land orps This is a oase where a remission certificate Held that claim is not daughter). (M.C. for VM< was issued under the Act of entitled to consider2312) 1891 and allowed to lapse. The cer- ation. tificate slated clearly on its luce that " it shall be barred unless exercised on or before the 31st March, 1804." \ Claimant made no application for land or a debenture within the time specified, and the certificate became null and void. The Magistrate has recommended the claim, stating, inter alia, that " the equities in this case are all on the side of the applicant, and I consider the Government should make some provision to meet a ease of this kind." Claimant had ample time in which to exercise the certificate, but failed, and it does not appear to be a case for favourable consideration in . this inquiry

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LIST OF RECOMMENDED CASES, WITH REMARKS— continued.

The recommendations and suggestions are mine. The following is ,i short summary of the position: The Stipendiary Magistrates recommended thirty-nine persons for favourable consideration. These recommendations have been examined and compared with other 'hums, with the result that twenty-three persons have been passed, and the sum of £420 is the. total amount involved. This leaves sixteen cases favourably reported upon by the Magistrates which are not included in my recommendations, for the reasons above given. It is understood that there are still a few cases with the Magistrates that have not yet been decided. Wμ. (,'. Kensington, The Right Hon. the Minister of Lands, Wellington. Under-Secretarv.

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Kan*. Service. Remark,. "'^u^SoT *"* Standish, Arthur Militia .. .. Claimant completed eighteen months'ac- Graut of £15 reenm(M.C. 2478) I ive service, during which he was actu- mended. ally engaged against the late Queen's enemies. Claim comes within the Volunteer Land Act, 1865 Thelwall, Robert Poverty Bay Mounted Completed five years'continuous service, Crant of CIO recom(M.C. 2533) Rifles and took part in an engagement. Had mended. active service Walker, John H. Wellington Bangers, Phis is a case where claimant served in Held that claimant i» not (M.C. 2473) Kaiwarra Rifles corps which does not come within the entitled to considcrActs. It was a special service, for ation. which the men were paid. He did not have sufficient Volunteer service to qualify for grant of land. Part of the service was active Walters, William Waiuku Volunteers .. Claimant completed five years'continuous (Irani of £30 recom(M.C. 2004) Volunteer service, and during service mended. had about two years' active service, and actually engaged against the. late Queen's enemies several times Wilson, Charles W. Taranaki Militia .. Has proved six months' active service. Grant of £5 recom(M.C. 2401) 'Che claim comes under the Volunteer mended. Land Act, L865 Wilson, John W. B.M. 66th Regiment.. claimant was discharged from the regi- Grant of £30 reoom(M.C. 2310) raent and settled in New Zealand, mended. where he has resided ever since