He Wanted the Documents.

Pahiatua Herald, Volume II, Issue 137, 18 April 1894, Page 2

He Wanted the Documents.

A Land Board Scene.

(From our own corrusponddn ).

At the meeting of the Lind Board in Wellington last week Mr 11. D Atkinson, whose section in tho McKenzie Special Settlement was declared forfeited at a previous meeting, was granted a re-hearing. The se'ector, who was present, was repre--teiited bv Mr Edwards. The Commit•i.oner su'd that Atkinson wouM be allowed in opp irtunity of shewing "*hv he had tailed to carry out the con lit ions of his Mr Edwards : Wo con:end that he has not failed. Commissioner: The Board hot decln red that ho has.

Mr E lwards : Shew me the case from the start. Commissioner: That is for you to do ; we have forfeited.

Mr Edwards: But if the case is to be re-heard you must begin <ir novo. Commissioner : I am not going to lay the case before tho Board. That has alreadv been done.

Mr E lwards : L*t in • h «ve the pipers Commissioner : All the pipers ? Mr Edwards: Yes; al the documents. Commissioner : I’m not going to hand up the papers. Mr Edwards : Then we cannot go into the c ise. If you don’t pro luce the papers how can you grant a rehearing ? Commissioner : I haven’t got all the papers. Mr Edwards : Where are they ?

Commissioner : Some of them are at the head office. Mr Pirani: Perhaps we had better ex plain why wo forfeited. It was for noncomp'iance wilh the conditions. Mr Hogg : We have already dealt with this case. The re hearing is to enable Atkinson to bring forward fresh evidence or produce reasons for rescinding the forfeiture.

Mr Edwards : I am prepared to show that the forfeiture was not justified, but I must have the papers. Commissioner : I am not going to pro duce the documents. If I had known that Atkinson was going to he represented bv counsel I should have been prepired. Mr Edwards: Mr Gully was made aware that I intended to represent him, and he should have been here.

Mr Hogg: The Boird is here to listen to facts and deal with evidence, and not legal arguments. We are not a judicial tribunal, and I object under ordinary cir cutmtances to solicitors appearing before us at All. We have dealt with the facts, and I should have protested against any re-hearing had I not thought that Mr Vtkinson was prepared to come before us with fresh facts or representations tha would bo likely to nuke us alter our decision.

Commissioner : We have the rangers’ report that Atkinson has made no improvements. The re-hearing was granted to enable him if he could to refute that statement. Mr Pirani : That was the reason. Mr Hogg: And instead of that he comes here to badger us with his solicitor. Mr Edwards : l’ho who e question is whether the time has expired for making the improvements. Commissioner: We sav the time has expired. Mr Edwards : How can you show that ? I want the docuin *nts When should the improvements comm nee ? Commissioner: From the ballot. Mr Edwards : That is what you sav.

Commissioner : The land was surveyed in June, 1891, and balloted for in Ju v, 1891.

Mr E lwards: But ycu required him to make a dec'arat ion a voar later before von could treat him as a se'ector.

Commissioner: Toe land was given him by the Minister. Mr E lwards: But you gave him no notice to go on with his improvements. Commissioner: He knew the regulations. Show us under the Act where we are required tc give notice ? Mr Hogg: He has been in possession of the land for two years. O her selectors all round have made improvements and he has not.

Commissioner: He knew all through that he had to make his improvements, but he said he could fight us. If he wants to fight the matter out in a oourt of law he can do so. The Board decided to confirm the for feiture of the section.

Mr S. Farrelly, whose section had also been forfeited, appeared to show cause why the forfeiture should be rescinded. His brother Phillip appeared with him. It was represented that he had been mis led by Atkinson, who on being asked said he did not think it was necessary for him to go on with his improvements at once ; that there were six brothers (Farrelly) holding land in the district, and that this one, instead of going on his section, had stopped at the Hutt, where they had all been reared, to help a brother in low circumstances.

The Commissioner said the Board had no wish to be harsh. They had dealt leniently in hundieds of cases, but the Act required certain improvements to be made, and the Board had to administer the Act.

The Board resorved its decision.