ALLEGED SHIRKER'S RUN

Otago Witness, Issue 3396, 16 April 1919, Page 8

ALLEGED SHIRKER'S RUN

DISCUSSION BY LAND BOARD. The matter of the transfer of a small grazing run in the Macraes district, to which attention has already been culled in these columns, was discussed by the. Otago Land Board at its meeting on Wednesday afternoon. The subject wag introduced by the Commissioner (Mr Sadd), who reported tliat since the board had approved of the transfer by William .Heffernan, jun., to Martin Heffernan of his small grazing run he (Mr Sadd) had ascertained that the former was a militairy' deserter, and he requested that the resolution of the board granting *the transfer should be rescinded. The Commissioner moved that the former resolution of the board be rescinded. Mr James Smith said he had much pleasure,in seconding the motion. It was only recently that this case had come under his attention. He understood that there were six sons in the family, not 0n.3 of whom had volunteered for service. This man (William Heffernan) had been dragged into camp at Trentham, and when he got his final leave he had deserted, and had not yet been found. The motion was carried. Mr D. Reid said he represented Messrs Donald Reid and Co. (the mortgagees), and on their behalf he wished to know what would be the effect of the rescinding resolution which the , board had just carried. If the effect of anything which the board . did forfeited Heffernan's interest in the property irrespective of the mortgagee's interest,' ho had nothing to say, but, of course, the board had power to cancel' the \ mortgagor's interest.. A good deal of in-/ convenience and hardship would be caused if the mortgagee's interest were affected, and he would like to know what the position would be. The Commissioner said it had always been: ■ the principle and practice of the board to protect the mortgagee, and in cases such - as that under notice, where the question of forfeiture arose, the mortgagee was always advised beforehand so that he could take the necessary steps. So far the board was only withdrawing consent to tbs approval of the transfer. Mr Smith (to Mr Reid): Can you tell us where this man William Heffernan is? Mr Reid: No, I do not know; and I don't think his family knows either. Mr Sadd said the papers which came before the board in connection with the case did not disclose anything which would have led the board to suppose that they were not in order. As a result of subsequent information the application, which had been approved, was then_ held up, and, after inquiry, it was ascertained from the Defence Department that Heffernan was a military deserter. The board had now withdrawn its approval, and the mortgage* could take any steps whioh were desirablo in his own interests. . . . Mr Smith said the position of this lease had come to his knowledge only recently. It would greatly help members of the board if those in possession of information, . of this kind passed it on to board, which would at once institute Inquiries The Commissioner moved that the lessee bo called upon to show cause why his ' lease should not be forfeited owing to noncomplance with residential conditions. Mr Smith sceconded the motion, which was carried.