CONSCRIPTION LAW

Wanganui Chronicle, Volume 84, Issue 180, 2 August 1940, Page 7

CONSCRIPTION LAW

APPOINTMENTS TO APPEAL BOARDS. MR. ENDEAN’S QUESTIONS. Information as to the type of person to be appointed to . the appeal boards to be set up under the National Service Emergency Regulations to hear appeals from persons called up in the ballots for military service was sought by Mr. Endean (Opposition, Remuera) when the Supplementary Estimates were under consideration in the House of Representatives this week. “Will they be members of the legal profession, magistrates or judges?” Mr. Endean asked. The Minister of Finance, Mr. Nash, replied that the boards would comprise two persons, who would be representative citizens, and a magistrate. Mr. Endean: Will those two be o a military character. Mr. Nash: Not necessarily. Mr. Endean: Would it not be better to have judicial tribunals? Mr. Nash: That would not be possible, I think. Mr. Endean: They did in the last war. Mr. Nash : Did they have three? I think this is the same as last time. Mr. Endean: I take it the personnel would not be pacifists? There was no reply to this question, elded to treat his son as a stranger. During the time the son was on the Ngaruawahia property he received £2OO remuneration. He left the property. The son at present had a position as a farm labourer at £3 12s 6d a week and a free house. He had three children—years, 14 years, and 1 month. Son’s Interests Disregarded Mr. Tomkins submitted that the testator had shown an unwarranted disregard of a moral duty towards his son. There was' evidence, he said, that the reason why he had so treated the son was not a reason which would have held good with a reasonable testator. “I submit that he was guilty of a neglect of moral duty when he gave three-fifths of his estate to charity, £2lOO to representatives of a son who had never helped him, and left nothing to the son who had helped him,” said counsel.

Mr. Brown said that he felt nothing would be done to disturb the legacies of the grandchildren. His Honour intimated that it was in his mind not to disturb these. Mr. Haggitt asked that application be dismissed, on the ground that the applicant is 30 years, of age, is in employment, and is able bodied. The Court could not speculate, Mr. Haggitt submitted, as to what had caused the change of attitude in the testator towards the son. It could as reasonably be argued that he had changed because the son had left the Ngaruawahia farm, which, it was submitted, had been bought to give the son a job. Mr. Keesing submitted that the various wills made by the testator showed that he was aware of what he was doing. Mr. Tomkins, replying, said that the contention that the testator's mind had changed towards his son because the son had left the Ngaruawahia property was disproved by the will made before the Ngaruawahia farm was bought and which left only £5O to th - son Merits of the Charities His Honour, intimating that he intended to reserve his decision, asked if any representations were to be made to him as to the relative merits of the various charities. Mr. Barton made a suggestion that-’t any change was made by His Honour in favour of the son, the legacies of the grandchildren be left undisturbed, also the amount for upkeep of the grave and that he amounts bequeathed to charities be reduced pro rata by the amount it. was intended to give the son.