SOLDIER SETTLER.

Auckland Star, Volume LIV, Issue 295, 11 December 1923, Page 7

SOLDIER SETTLER.

FORFEITS CROWN LEASE.

PROMISE OF GASH ALLEGED. PLAINTIFF NOXSUITED. The misfortunes of a soldier settler who lost his money in Crown land at Taniwha, near Te Kauwhata, were unfolded foefore his Honor, Mr. Justice Stringer, at Auckland Supreme Court to-day, when George Edward McEvoy (Mr. "Hall -Skelton), claimed £220 from the Crown (Mr. V. R. Meredith and Mr. Paterson), under an agreement alleged to have been made with the Commissioner of Crown Lands.

It was stated by Mr. Hall Skelton that plaintiff took the farm in question in 1917. Two years later he contracted consumption and was in a sanatorium for six or eight months, during which period he had a man on the farm. However, the place did not progress as it should have progressed, and the Department being naturally anxious made suggestions as to whether plaintiff was likely to return. He did go back but in 1921 he had another breakdown and had to re-enter the sanatorium. Then the Department appeared to have come down upon him with a view to getting him out of the farm or some of their money.. In 1919 plaintiff had apparently wanted to sell out when prices for stock were good, but the Department did not seem to' have' fallen in with the suggestion. With advances from the Government amounting to about £600 the plaintiff had put about £1700 into the farm, the balance being his own cash. Heavy Loti at Sale. Counsel stated that McEvoy recovered from his second illness and again worked ■on the farm but about the beginning of 1922 the Department seemed to think it better for him to get out and someone else to take over the place. Several interviews took place (between plaintiff and the Commissioner for Crown Lands, and plaintiff alleged that an agreement was made whereby he was to get £220- if he walked but, and thai- the Department took possession of the stock and sold it on these terms.

His Honor: You say he did walk out and that therefore, he is entitled to £220.

'-Mr. Hall Skelton: Yes. The stock was valued for the Department at £1,150, tout they seem to have had a ibad sale for they oaly realised about £•250 to i'3oo. iHis .Honor: That does not concern you if you had a special agreement to get out for £220. Incoming Tenant Scored. Counsel added that when the Commissioner saw that the Department was losing ie tried to get plaintiff to take the milking machine and plant whicn [cost about £300. but plaintiff said if he took it. from the farm it would not be worth anything like £220. It had since been ascertained that the Commissioner had sold to the incoming tenant the whole plant for £30. "Way!" said Mr. Hall skelton, "the engine alone cost £76, and the milking machine and plant some £200. So the in-coming tenant seems to have had a really good time at the expense of the out-going tenant."

J His Honor: It does not seem to mc that that concerns you. You., stand by the alleged specific agreement, the consideration being your out-going; Were the Crown entitled to possession?

Mr. Meredith: The lease had been forfeited; that is one of our defences.

Mr. Hall Skelton: It was forfeited in May. but plaintiff was allowed to remain on the farm, and they negotiated 'with him for months after. It was necessary to forfeit the lease in order to effect a sale. It was denied by- the Crown that the agreement was made, and the defence urged that if the agreement Was made the Commissioner .had no authority to "make it without the consent of the Minister of Lands. ? A Technical Defence. "I do not think the Crown would eeriously put up a technical defence of that kind," continued counsel, "because the Commissioner is recognised as the man who makes agreements with returned soldiers, and to rely upon a' regulation which no returned soldier or anyone eke knew would hardly be a fair thing."

His Honor: I am not concerned witii whether it is fair or not, but whether it is legal or not.

Mr. Hall Skelton: It is advertised that the. Commissioner is the agent for the Department to enter into agreements.

His Honor: The. Commissioner'a dntiei are defined by the Act, but this is something outside the Act. Is there anything in the Act to allow htm to agree on behalf of the Crown to' pay money for the surrender of a lease?

IMr. Hall Skelton.: I submit agency would come in there. . ' Commissioners throughput New Zealand have made arrangements preliminary to a. selector taking his land subject to forfeiture. If the Commissioner takes this stand 1 submit settlers will not know where they are. ■ The Commissioner/a Denial. Mr. Meredith: The , Commissioner denies that the arrangement was madeIt is clear he could not have made such an arrangement because he had no power to do so. ■ ■

His Honor: Do you say a Commissioner without the sanction of the Crown or of the Minister can agree to pay £220 or £2000 for the surrender of a lease and that that agreement binds the Crown?

Mr. Hall Skelton: I submit eveii if there is no authority it has been done all along the line. His Honor: The Commissioner has probably made, certain recommendations. Mr. Hall Skelton: I cannot see how I can get over the regulation. There is no law to support the plaintiff who thought the agreement would be carried out. I will ask for a nonsuit against' plaintiff. . . _ ,

His Honor, in nonsuiting plaintiff, said it would certainly be somewhat remarkable if the Commissioner had power to make an agreement like that alleged.

Mr. Meredith emphasised the fact that the Commissioner denied that the agreement was made.

His Honor said it was obvious from what Mr. Hall Skelton stated that he would have found a difficulty in establishing plaintiff's case.

Mr. Meredith: The Commissioner was hoping to do his best for the man and if the • sale had been different there would have been something returned.

Ilia Honor: My experience is that the Commissioners of Crown Lands have shown the utmost solicitude for returned soldiers and have endeavoured to help them in every way possible. I lean hardly believe that any definite arrangement was made and would be receded from by the Minister of Lands.

Mr. Meredith: I do not ask for coete,