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1890. NEW ZEALAND.
CLAIMS UNDER "THE NAVAL AND MILITARY SETTLERS' AND VOLUNTEERS' LAND ACT, 1889" (REPORT OF COMMISSIONERS OF CROWN LANDS UPON).
Presented to both Houses of the General Assembly by Command of His Excellency. The accompanying reports from Commissioners of Crown Lands upon claims made under " The Naval and Military Settlers' and Volunteers' Land Act, 1889," are forwarded to His Excellency the Governor, in pursuance of the provisions of section 8 of that Act. G. F. Richardson, Minister of Lands.
The Hon. the Minister of Lands. In preparing the forms, &c, to be used under " The Naval and Military Settlers' Land Act, 1889," I come across the following difficulty in the Act. itself—which, it seems to me, will probably require amendment by Parliament before it can be brought into operation, at any rate as to some of the claimants :— The subsections under section 2 of the Act provide that the class of persons therein named shall be entitled (if they prove their claims) to either grants of land or remission-money, as the case may be, depending on the original Acts. In some of these Acts the acreages are stated, in some they are not; but in these latter cases, I apprehend, we must be guided by the grants which have issued to claimants under similar terms of engagement. The real difficulty, however, appears to me to be this : Section 8 of the Act requires that a certificate to the remission of money in the purchase of land shall be issued if the claimant is found entitled ; but how are the claims of those who, under the subsections quoted, are entitled to an acreage to be converted into money certificates'? Where the price of the lands in the colony varies from ss. to £2 an acre, how are we to fix upon the price to be placed on the acreage claims in order to convert them ? I think there is no power to do so; nor are the Commissioners, apparently, empowered to recommend anything but a money certificate. I would suggest that an opinion be obtained on this matter, as it is an important one. 23rd November, 1889. S. Percy Smith.
For Solicitor-General.—G. F. P., 3rd December, 1889.
Theke seems no doubt that under the Act above referred to all the Commissioner can do is to report, in cases proved to his satisfaction, that the claimant is entitled to a certificate for the remission of money in the purchase of land. The claimant does not get any certificate at present; the Commissioner merely reports that he is entitled to such a certificate, and it is apparently left to future legislation to authorise the actual issue of these documents and to decide on what terms they shall be exercised or satisfied. Reports made to the Governor should of course show under what particular part of section 2 or 9 the claim is made, and what claimant would have been entitled to under it had he originally fulfilled legal requirements. sth December, 1889. W, S. Reid.
(Circular No. 15.) General Crown Lands Office, Wellington, Bth May, 1890. To Commissioners of Crown Lands. Referring to Circular No. 20, of the 11th December, instructing Commissioners as to dealing with claims under "The Naval and Military Settlers' and Volunteers' Land Act, 1889," I am directed to state that in some cases claims have been recommended where the claimants were never entitled under any of the Acts or regulations enumerated in the circular. I am accordingly to point out that the provisions of the Act of 1889 mean, not that every person who has retired from Her Majesty's naval or military service, as mentioned in section 2, has a claim, but that every person who has so retired who would have had a claim but for the existence of some fact or incident, as mentioned in the preamble to the Act, is entitled to take advantage of its provisions. Every claimant must show, in fact, that, being within the terms of
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subsection (2) of section 2 of the Act, there is, or was, some reason within the scope of the Act why the claim was not, or is not, effectual. This will, of course, depend on the facts and the particular law in force applicable to the case when the claimant retired from Her Majesty's service. H. J. H. Eliott, Under-Secretary.
AUCKLAND. Interim Report. Crown Lands Department, 14th August, 1890. The total number of claims received to date is 555. I have personally gone through the whole, resulting in the following:— 1. Of those that will be rejected without the necessity of further inquiry ... 115 2. The number awaiting information from Horse Guards or Admiralty, necessitated through the absence or loss of discharges ... ... 127 3. Volunteer claims referred to brigade office for verification of dates ... 102 4. Number of claims consideration of which is deferred pending supply of proper information ... ... ... ... ... ... 154 5. Number substantiated, and forwarded herewith ... ... ... 57 Total ... ... ... ... ... 555 Very great difficulty has been experienced in coming to decisions, owing to the absence in so many instances of records. In the case of Defence Forces no complete rolls are in existence, and had it not been for the valuable assistance of Mr. Charles J. Wilson, formerly an officer in the corps, the result would have been very incomplete and most unsatisfactory. The same is to be said of the Forest Rangers ; but here, fortunately. Mr. W. McGregor Hay, the only surviving officer of that branch of the service, came with his valuable aid, and enabled me, with the assistance of such records as were to be found in the Defence Office, to satisfactorily settle these. As may be seen, a very large amount of investigation has jet to be done, and it is to be regretted that the numerous calls on my time in my multifarious duties prevent me from devoting so much as I would wish to do. To do the work rapidly and effectively the consideration should be consecutive and uninterrupted, but in my case it is impossible unless equally, in fact much more important work in connection with the settlement of the colony is neglected. In conclusion, though the books here have been examined to see that the list of claimants now sent forward have not received land, it is possible that land has been acquired in some other part of the colony, so I would ask to have them verified by the records in the head office. Thomas Humphries, The Under-Secretary, Crown Lands, Wellington. Commissioner, Crown Lands.
Claims recommended. Entitled to Entitled to Name, Regimont or Corps, and Rank. Land Name, Regiment or Corps, and Rank. orlfaiid £ Acres. £ Acres. Arthurs, J., Colonial Defence Force, private .. 50 Moran, Michael, 18th Royal Irish, private .. .. 60 Bell, Riohard, Forest Rangers, private .. 25 50 Nixon, M. G. (deceased), Colonial Defence .. 400 Beloe, W. L., Colonial Defence Force, private 25 50 Force, colonel Brodie, F., Tlst Highlanders, lieutenant .. .. 400 Pollack, Thomas, Forest Bangers, private .. 25 00 Brown,!'. A., Colonial Defence Force,private .. 50 Potter, William, SStli Regiment, private .. 20 Carrau, Henry, Forest Rangers, private .. 25 50 Rosborough, Thomas, Colonial Defence .. 50 Carter, W. H., Forest Rangers, privato .. 25 50 Force, private Cliannan,H., Colonial Defence Force, private .. 50 Russell, A. H., Colonial Defence Force, pri- .. 50 Cole, George C, Forest Rangers, sergeant and 40 80 vate guide Schumacker, A., Forest Rangers, private .. 25 50 Croucher, C, Colonial Defence Force,private .. 50 Scurrali, H., Colonial Defence Force, private .. 50 Daveney, B. 1., oth Inniskilling Dragoons, .. 400 Sherret, A. S., Forest Rangers, sergeant .. 40 80 lieutenant Sisam, Alfred John, Colonial Defence Force, .. 50Dawson, Thomas, 07th Regiment, captain .. .. 400 private Dearness, W.,Colonial Defence Force, private .. 50 Skinner, Richard, 58th Regiment, private .. 20 Dunn, A. J. N., Colonial Defenco Force, .. 60 Slattery, Matthew, 58th Regiment, captain 20 corporal and quartermaster Finlay, James, Forest Rangers, private .. 25 50 Smith, T. J. L., Forest Rangers, private .. 25 50 Fussell, James C, Colonial Defence Force, .. 50 Steensen, William, Forest Rangers, private 25 50 private Stoney, Henry B, 40th Regiment; major .. .. 400 Gallagher, E., Colonial Defenco Force, pri- .. 50 Strong, Joseph, Forest Rangers, private .. 25 50 vale Sturges, William N., Colonial Defence Force, .. 50 Haggan, James, 65th Regimont, privato .... 60 private Hart, John Sanders, 34th Regiment, ar- .. 80 Swindley, Frederick, 12th Lancors and Bth .. 400 mourer-sergeant Uussars, lieutenant Hay, W. McG., Forest Rangers, privato .. 100 200 Tebbutt, A., Colonial Defence Force, private .. 50 Hendry, Harry, Forest Rangers, privato .. 25 50 Thurston, James (by widow), 40th Regiment, .. 60 Holden, Thomas, Forest Rangers, private .. 25 50 privato Long, Henry, Forest Rangers, private .. 25 50 Treanor, Henry, Colonial Defence Force, .. 60 Mair, William G., Colonial Defence Force, .. 200 corporal sub-inspector and lieutenant Tylden, C. R., 70th Regiment, lieutenant .. .. 400 Malloy, Patrick, 58th Regimont, private .. 30 60 Walker, Thomas Henry, Colonial Defence .. 50 McLarnon, W. G., Colonial Defence Force, .. 50 Force, privato private Walmsley, James (deceased), Colonial De- .. 100 Meurant, H., Colonial Defenco Force, private .. 50 fence Force, major Moir, William 1., Colonial Defence Force, .. 50 Watters, James, Forest Rangers, private .. 25 50 private Wells, William, Forest Rangers, privato .. 25 50 Moore, Albert S., Colonial Defence Forco, .. 50 Wilson, Charles 1., Colonial Defence Forco, .. 200 private lieutenant and sub-inspector
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TARANAKI. Crown Lands Office, New Plymouth, 11th August, 1890. Referring to your telegram of to-day requesting that all claims under the above-named Act be sent in at once, I have not any of which the investigation has been completed since I sent in the last batch, on the 10th July. There are some here awaiting documentary evidence from the claimants, who are very tardy in sending it in. Some of the old discharged soldiers who have received military settlers' grants, but nothing as old soldiers, think it is very hard that they cannot receive for both; but it is clear from subsection (2) of section 10 that they cannot do so. Then, there are one or two cases where men have been awarded land and have forfeited it by leaving the district, and so have really never held any land. A case in point is one Joseph Swan, a discharged soldier of the 65th Regiment, who was allotted land at Matakohe, Kaipara, but, having no means to work it, he went away, and about three years afterwards wrote for his grant, and was told he had forfeited it because he did not settle on it. I have rejected his claim, but mention it in case his may be considered an exceptional one. Sidney Weetman, The Cinder-Secretary, Crown Lands, Wellington. Commissioner, Crown Lands.
Claims recommended. Entitled to I • Entitled to Name. Regimentor Corps, and Rank. Name, Regiment or Corps, and Rank. o/lfand. £ Acres. ! £ Acres. Armitage, K. W. H. H., Taranaki Volunteers, 30 60 Howes, William, Royal Artillery, gunner .. 30 60 private • Hutchison, David, Defence Force, lieutenant 100 200 Baker, H. R., 55th Regiment, private ..30 60 I Illston, A. T., Royal Artillery, gunner ..30 60 Barriball, Charles, Taranaki Rifles, sergeant 40 80 Kecfe, Connor, 70th Regiment, private .. 30 60 Barriball, S. H., Taranaki Volunteers, ser- 40 80 King, Abner, Taranaki Mounted Rifles, ser- 40 80 geant geant Cattley, H. R., Taranaki Volunteers, private 30 60 King, Newton, Taranaki Rifles, corporal .. 30 60 Chapman, F. M., Waipawa Cavalry, lieu- 100 200 Ladd, Alfred, 18th Regiment, colour-sergeant 40 80 tenant Lifting, E. 8., No. 1 Taranaki Rifles, private 30 60 Cock, R., Taranaki Rifles, colour sergeant .. 40 80 Linn, James, Royal Artillery, gunner .. 30 60 Collins, Cliarles, Royal Engineers, sapper .. 30 60 Mellanus, M., Taranaki Rifles, corporal .. 40 80 Collins, Jobn, 57tii Regiment, private .. 30 60 McShand, T., 70th Regiment, private .. 30 60 Connolly, William, 12th Regiment, sergeant 40 80 Snooks, James, 65th Regiment, private .. 30 60 Cornwall, Robert, 05th Regiment, private .. 30 60 Tocker, William, Featherston Rifles, private 30 60 Hay, John, Victorian Navy, Ist class petty 40 80 Webber, William, Taranaki Rifles, corporal 30 60 odieer Wilson, Henry, H.M.S. "Hastings," able 30 60 Hepburn, James, 65th Regiment, private .. 30 60 seaman Howard, Samuel, 58th Regiment, private .. 30 60 Wray, Alfred, Royal Navy, seaman ..30 60 Howartb, John, 68th Regiment, private .. 30 60 I Claims rejected. Amois, William, Taranaki Militia, private. Hurst, C. E., 12th Regiment, lieutenant. Atkins, William, Waitotara Volunteers, private. Jolt, Samson T„ Taranaki Bushrangers and Napier Militia, Bairstow, Edmund, 18th Regiment, private. private. Bashford, T. H., 3rd Waikato Militia, private. Jolt, Thomas T., Taranaki Volunteers, private. Bishop, Robert, 21st Hussars, sergeant-major. Ludlam, George, Tlie Veterans, private. Boyhan, Bernard, 65tb Regiment, private. McDevitt, Charles, 18th Regiment, sergeant. Cameron, Daniel, Taranaki Militia, private. McKansay, James, 65th Regiment, private. Carpenter, John, 99th Regiment, corporal. MeKeever, William, 2nd Waikato Militia. Connell, James, 18th Regiment, private. Mulligan, Owen (by his widow, Ann White), 65th RegiDunlop, David, 43rd Regiment, private. ment, private. Elliot, Thomas, Militia and Mounted Volunteers, private. Pigott, Joseph, 15th Regiment, sergeant. England, W. L., 2nd Waikato Militia, private. Powell, William H., Royal Navy, able seaman. Fitzsimmons, Luke, 18th Regiment, private. Rassman, Charles, Militia and Volunteers, private. Free, William, 58th Regiment, private. Rea, David, Army Service Corps, private. Gilbert, J. J., Militia and Armed Constabulary, sergeant. Rielly, John, Taranaki Rifle Volunteers, colour-sergeant. Goodwin, J. (by his son, W. J. Goodwin), 65th Regiment, Stapp, Charles, 58th Regiment, non-commissioned officer. private. Swan, Joseph, 65th Regiment, private. Grace, Patrick, 14th Regiment, private. Tunbridge, Charles, 43rd Regiment, private. Harding, James, 65th Regiment, private. Watts, W. L., Taranaki Militia, private. Harris, Walter, 65th Regiment, private. Wheeler, William, 57th Regiment, private. Henry, Patrick, 40th Regiment, private. Williams, William, 58th Regiment, private.
HAWKE'S BAY. Claims recommended. Entitled to En s'ci-i e f '° Name, Eegiment or Corps, and Hank. Name ' lte 6in>e"t or Corps, and Hank. o ;. £ Acres. ■*■' Acres. Bond, William, Goth Regiment, private .. HO 60 ■ Carter, Owen, 70th Regiment, private ..30 60 Booth William, 66th Regiment, private .. 80 60 j Catton, Charles, 70th Regiment, pnvn.t .. 30 60 Boyd Thoirms, 70th Regiment, private .. 30 60 Chicken, John, Napier Rifles, captain ..30 CO Brathwaite R. A. W., Hawke's Bay Yeo- 30 60 Clareburt, John, SStli Regiment, private ..30 60 manry Cavalry, lieutenant j Olibborn, John 8., Colonial Defence Force, 25 50 Broadfielcl, Thomas, 70th Regiment, private 30 60 ! private Brown, Charles, 65th Regiment, private .. 30 60 j Couper, William, Wairoa (H. 8.) Volunteers, 30 60 Callaghan, Dennis, DOtli and 65th Regiments, 30 60 ; private private ■ Cronin, Denis, 70th Regiment, private .. 30 60 Campbell, A. 8., F Battery, N.Z. Artillery, 30 60 ! Davis, John, Wairoa (H. 8.) Volunteers, 30 60 gunner private Carey Patrick J., 70th Regiment, private .. 30 60 Douglas, Archibald, N.Z. Volunteers, private 30 60 Caruell, Samuel, Napier Volunteer Artillery, 30 60 Down, Thomas, Wairoa (H. 8.) Volunteers, 30 60 lieutenant private
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HAWKE'S BAY— continued. Claims recommended — continued. Entitled to B n titled to Name, Regiment or Corps, and Rank. of Land Name, Regiment or Corps, and Rank. or Land £ Acres. £ Acres. Dunfoy, Charles, 70th Regiment, drummer 30 60 Moloney, William, Wairoa (H. 8.) Rifle 30 60 Fielder, John 8.,70 th Regiment, paymaster- 40 80 Volunteers, private sergeant Morrison, Thomas, Napier Rifle Volunteers, 30 60 Flannigan, Daniel, 65th Regiment, private.. 30 60 sergeant Gibson, James, Colonial Defence Force, 25 50 Moynihan, Patrick, 57th Regiment, private 30 60 private livers, John, 65th Regiment, private .. 30 60 Gifford, George, Colonial Defence Force, 25 50 Parker, Thomas, Wairoa (H.ii.) Rifle Volun- 30 60 trooper teers, private Gilberd, James G., F Battery, N.Z. Artillery, 30 60 Preecc, George A. .. .. .. 100 200 gunner Rees, G., Wairoa Rifle Volunteers, corporal 30 60 Graham, Crosher, 2nd Battalion, 14th Regi- 30 60 Sargent, Henry, Wairoa Rifles, bugler .. 30 60 ment, private Smith, Thomas, 2nd Battalion, 14th Regi- 30 60 Guy, Duncan, Marlborough Rangers, lieu- 30 60 ment, private tenant Smith, Ezra, Forest Rangers, private .. 25 50 Henn, John, 05th Regiment, sergeant .. 40 80 Steer, James, Wairoa (H. 8.) Rifle Volunteers, 30 60 Hill, Kenrick J., 2nd Battalion, 14th Regi- 200 400 private ment, lieutenant Thompson, William, Wairoa (H. 8.) Riflo HO 60 Hooper, Stephen, Napier Volunteer Artillery, 30 60 Volunteers, private gunner Torr, John, Wairoa (H. 8.) Rifle Volunteers, 30 00 Johnson, B. 8., Colonial Defence Force, 25 50 private private Troy, Michael, 65th Regiment, private .. 30 00 Kennedy, Joseph, 57th Regiment, private .. 30 60 Warner, Richard, 68th Regiment, private .. 30 60 Liddell, W., Waipawa Volunteer Cavalry, 30 •60 Wells, J., 2nd Battalion, 14th Regiment, 30 60 sergeant private McCarty, Thomas, 59th Regiment, sergeant 40 80 Wilkie, William, F Battery, N.Z. Artillery, 30 60 McMullen, J., 65th Regiment, private .. 30 60 sergeant-major Mcßoberts, Richard Thomas, Wairoa (H. 8.) 30 60 Williamson, George, Royal Artillery, gunner 30 60 Riflo Volunteers, sergeant Wood, John, 70th Regiment, privato .. 30 60 Mellon, Edward, Colonial Defence Force, 25 50 trooper Claims rejected. Barry, T., 18th Royal Irish Regiment, private. i Gorman, Patrick, 65th Regiment, private. Benson, W., Forest Rangers, corporal. : Hawkins, Thomas, 18th Regiment, private. Bourke, Patrick, 2nd Battalion, 18th Regiment, private. Howe, Thomas, 2nd Battalion, 14th Regiment, private. Bruce, Robert, Colonel Herrick's Volunteers, private. \ Ireland, James, 2nd Battalion, 18th Royal Irish, private. Clampit, George, 18th Royal Irish Regiment, private. , Keating, F., 87th and 99th Regiments, sergeant. Collins, John, 18th Regiment, corporal. Knight, H. T. H., B Troop, H.B. Defence Force, lanceConnell, Michael, 2nd Battalion, 18th Royal Irish Regi- ; corporal. ment, private. Markham, Robert, 2nd Battalion, 18th Royal Irish, Connor, William, 2nd Battalion, 18th Royal Irish Regi- sergeant. ment, private. Mayo, George, Wairoa Rifles, private. Cranny, Patrick, 2nd Battalion, 18th Royal Irish Regi- McGrath, John, 2nd Battalion, 14th Regiment, private. ment, private. • Mi Nally, C, 65th Regiment, privato. Darrock, David, 92nd Highlanders, private. Mitchell, William, 2nd Battalion, 18th Royal Irish, Flint, H., Wairoa Volunteers, private. corporal. Flynn, Joseph, 2nd Battalion, 14th Regiment, corporal. Moody, Thomas, 2nd Waikato, sergeant. Foisythe, William, 2nd Battalion, 18th Regiment, colour- ; Murphy, Daniel, 18th Royal Irish, lance-corporal. sergeant. • Spence, William J., 18th Royal Irish, assistant-surgeon. Gardiner, R., Wairoa Rifle Volunteers, captain. ! Todd, Alexander, N.Z. Militia, surgeon-major. Gill, William, 2nd Battalion. 18th Royal Irish Regiment, Torpey, Richard, 50th Regiment, private. private.
WELLINGTON. Claims recommended. Entitled to I Entitled to Name, Regiment or Corps, and Rank. Name, Regiment or Corps, and Rank. or Land £ Acres. ] £ Acres. Aiken, James, Wairoa Light Horse, trumpeter 30 .. Churchill, William, 65th Regiment, private 30 00 Andrew, James, Colonial Defence Force, 25/10 51 ■ Cox, James, 65th Regiment, private .. 30 60 private I Cullen, William E., Royal Navy, seaman .. 30 60 Armstrong, J. I)., Wanganui Rifles, sergeant 30 .. j Daley, John, 65th Regiment, private .. 30 60 Askey, William, 65th Regiment, sergeant .. 40 80 i Doole, John, 70th Regiment, private .. 30 60 Avery, A. W., Nelson Artillery and Rangitikei 30 .. Douglas, Kenneth (by widow), 57th Regiment, 200 400 Royal Rifles, bandsman lieutenant Beamish, G. J. N., 14th Regiment, captain 300 100 Earle, Robert C, Wanganui Rifles, surgeon 30 Beasley, R. T. N., 39th (Dorsetshire) Regi- 200 400 Fair, Frederick, 18th Regiment, private .. 30 60 ment, ensign Flowers, William, 65th Regiment, private .. 30 60 Bell, David, 65th Regiment, band-sergeant.. 40 80 Forster, A. S. 8., 3rd Dragoon Guards, 200 400 Benzoiii, C. T., Medical Staff Corps, colour- 10 80 cornet sergeant Good, John, 43rd Regiment, corporal .. 40 80 Bezar,Edwin,s7thßegiment,colour-sergeant 40 80 Hartnett, F. (by widow), 14th Regiment, 40 80 Bilners, Charles, 65th Regiment, private .. 30 60 sergeant Bremer, R., Wairoa Light Horse, sergeant.. 30 .. Holbrook, James, 57th Regiment, private .. 30 60 Brough, Thomas (by widow), 65th Regiment, 30 60 Hooper, Stephen, Wanganui Rifles, private 30 private Horn, J. E. (by widow), Royal Artillery, 30 60 Brown, C. T. H., Makara Rifles, lieutenant 30 .. gunner Buhck, W., Colonial Defence Force, privato 25/10 .. Howie, G., Wairoa Light Horse, lieutenant 30 Bush, Henry William, Wanganui Rifles, 30 .. Hughes, Robert, Wanganui Rifles, lieutenant 30 colour-sergeant Humfrey, Charles A., 3rd West Indian Regi- 200 400 Cameron, John, Wanganui Cavalry, captain 30 .. ment, captain Cashen, Matthew, 14th Regiment, private .. 30 60 Hyde, Edwin, 14th Regiment, private 30 00
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WELLlNGTON— continued. Claims recommended — continued. Entitled to Entitled to Name, Regiment or Corps, and Rank. or Land Name, Regiment or Corps, and Rank. or Land £ Acres. £ Acres. Hyland, F. (by widow), 14th Regiment, 30 60 Owen, W. T., Turakina Light Horse, captain 30 private Parker, W., Rangitikei Royal Rifles, private 30 Ibbott, William, 05th Regiment, private .. 30 60 Pringle, F. J. S., 18th Regiment, lieutenant 200 400 Johnston, J. C, Rangitikei Royal Rifles, 30 .. Real, Thomas, 57th Regiment, private .. 30 60 private Reid, J. (by widow), 65th Regiment, private 30 60 Johnston, W. C, Rangitikei Royal Rifles, 30 .. Riddell, J., Wairoa Light Horse, trooper .. 30 private Ross, Hugh, Wanganui Rifles, private .. 30 Johnston, William, 65th Regiment, sergeant 40 80 Rowband, Anthony, 2nd Foot, lieutenant .. 200 400 Joyce, John, 65th Regiment, private .. 30 60 Ryan, Simon, 57th Regiment, private .. 30 60 Judge, Michael (by widow), 57th Regiment, 30 60 Saunders, M. J., 57ch Regiment, private .. 30 60 private Smith, A. M., 18th Hussars, cornet .. 200 400 Kearney, M., 57th Regiment, private .. 30 60 Smith, Cliarles OH., Wellington Artillery, 30 Keenan, Patrick, 65th Regiment, private .. 30 60 corporal Kelly, C. (by widow), Royal Artillery, gunner 30 60 Smith, H., Imperial Land Transport, privato 30 60 King, George, 14th Regiment, private .. 30 60 Smith, Richard, 65th Regiment, private .. 30 60 Kuchen, Gustave, D Battery, Wellington 30 .. Snowdon, John, 65th Regiment, private .. 30 60 Artillery, sergeant Stamp, John, 65th Regiment, private .. 30 60 Mahoney, P. (by widow), 57th Regiment, 30 60 Stuart, John, Royal Artillery, gunner .. 30 60 private Talty, P., 57th Regiment, private .. 30 60 Mainwaring, C. S., Indian Navy, midship- 200 400 Taylor, J. 8., Wairoa Light Horse, sergeant 80 man Terry, W. (by widow), 65th Regiment, private 30 60 Manly, John, 57th Regiment, private .. 30 60 Timmins, Michael, 18th Regiment, private.. 30 60 McGregor, James, Rangitikei Royal Rifles, 30 .. Tiinms, William, Royal Marines, private .. 30 60 private Tracy, Michael, 65th Regiment, private .. 30 60 McKenna, Ed., V. C, 65th Regiment, ensign 200 400 Urwin, Thomas, Royal Navy, seaman .. 30 60 McLean, Duncan, Wairoa Light Horse, ser- 30 .. Vincent, S., 40th Regiment, private .. 30 60 geant-major Wakeford, H, 1., Forest Rangers, private. .. 25/10 51 McMillan, Peter, 65th Regiment, private .. 30 60 Walker, E., 65th Regiment, corporal .. 40 80 Mullins, W. John, 65th Regiment, private .. 30 60 Walker, James, Wairoa Light Horse, private 30 Murphy, Thomas, 65th Regiment, private .. 30 60 Walton, Henry, Royal Navy, carpenter .. 40 80 Neill, Marcus A., Wanganui Rifles, corporal 30 .. Willis, W. (by widow), 14th Regiment, lieu- 200 400 Neill, Wm. John, Wanganui Rifles, private 30 .. tenant O'Connell, Geo., 21st Regiment, lieutenant 200 400 Woods, John, 57th Regiment, private .. 30 60 Claims rejected. Anderson, Charles, Taranaki Military Settlers, private. Kingdon, Paul (deceased), Colonial Defence Force, subAtkinson, James, Wanganui Volunteers, sergeant. inspector. Beaver, George, Wanganui Volunteers, lieutenant. Ludlow, William, 14th Regiment, private. Broughton, E., Wanganui Volunteers, lieutenant. Mackenzie, F. W., Bth Regiment Bombay Infantry, Brown, James, 18th Regiment, sergeant. captain. Carson, James, 57th Regiment, private. McCulloch, G., Militia, private. Chamberlain, John, 57th Regiment, private. McDonell, A. McD., Alfred Troop Cavalry, private. Cronin, John, 18th Regiment, private. McGinnorty, William, 65th Regiment, private. Donagiiy, John, 18th Regiment, private. McHugh, John, 18th Regiment, private. Donnelly, James, Wellington Colonial Defence Force, McKondrick, 93rd Highlanders, private. corporal. McMillan, Thomas, 18th Regiment, colour-sergeant. Downs, Aran, Militia, private. McNeill, A., Royal Bengal Engineers, lieutenant. Duffy, Stephen, 65th Regiment, private. Mowatt, Robert, Royal Artillery, sergeant-major. Duffy, William, 65th Regiment, private. O'Connor, M., 57th Regiment, private. Elliotte, R. H., Wellington Colonial Defence Force, Pain, J. A., Wellington Colonial Defence Force, private. trooper. Peapell, Thomas, Militia, private. Ellis, William, 65th Regiment, private. Quinn, Philip, 18th Regiment, private. Evans, Robert — Wellington Defence Force, trooper; Read, E., Wellington Colonial Defence Force, private. Local Transport Corps, superintendent; River Trans- Read, M., Wellington Colonial Defence Force, private. port Corps, superintendent; East Coast Expedition Revell, F. H., 14th Light Dragoons, lance-sergeant. Force, volunteer officer; Kai-iwi Cavalry, trooper. Robinson, Benjamin, 86th Regiment, private. Fitzgerald, John, 57th Regiment, private. Sands, Robert, 65th Regiment, private. Flyger, W. H., Militia, private. Scott, Thomas, Defence Force, corporal. Foster, George, 57th Regiment, private. Skinner, W. H., Taranaki Rifles and M.S., staff-sergeant. Friend, George, 65th Regiment, private. Smith, James, 65th Regiment, private. Gallagher, Bernard, Wellington Colonial Defence Force, Smith, James, Wellington Defence Force, private. trooper. Smith, John, Wellington Volunteer Artillery, private. Gallagher, John, Wellington Colonial Defence Force, Spain, Richard, Royal Navy, leading seaman. trooper. Tait, G., Wellington Defence Force, private. Gibson, Harrison, Wanganui Cavalry, trooper. Tompkins, W. H., Militia, private. Gilligan, James (by widow), 65th Regiment, private. Upton, William, Wellington Defence Force, private. Gordon, Midley, 6th Dragoons, private. Wall, Silas, Wanganui Cavalry, private. Grey, James (by brother), 18th Regiment, colour-sergeant. Walsh, P. W, A.C. and Defence Force, corporal. Haselden, W. R., Westport Naval Artillery, captain. Warren, William, 65th Regiment, colour-sergeant. Home, Copley, Nelson Artillery, private. Warrick, G. W., No. 1 Company, Wanganui Rifles, private. Hutchings, Edward, Wellington Colonial Defence Force, Watts, William, Auckland Defence Force, private. trumpeter. Wheeler, William, 57th Regiment, private. Ibbotson, Thomas, Taranaki Volunteers, private. Whelan, Kayran, 14th Regiment, sergeant. Isherwood, Captain J. C. R., 69th and 45th Regiments, Whelan, William, 57th Regiment, private. ensign. Wilkinson, Matthew, 18th Regiment, private. Jackson, John, Armed Police, guide, &c. Woodham, R., 65th Regiment, private. Jenkensen, Samuel, 65th Regiment, private. Young, J. C, Auckland Rifles and Wanganui Cavalry, Kair, Frederick, 99th Regiment, private. private.
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MAELBOEOUGH. Claims recommended. Entitled to Entitled to Name, Regiment or Corps, and Rank. or Land Name, Regiment or Corps, and Rank. orLand £ Acres. £ Acres. Bales, Edward, 57th Regiment, private .. .. 60 Fowler, J., Blenheim Rifles, lieutenant .. 30 Cleary, J., 65th Regiment, private .... 60 Bythell, E., Marlborough Rangers, captain 30 Claims rejected. Humber, Robert, Militia, private. | Tanner, William, 58th Regiment, private.
NELSON. Claims recommended. Entitled to Entitled to Name, Regiment or Corps, and Rank. Name, Regiment or Corps, and Rank. oi^Land £ Acres. £ Acres. Dunlop, D., 43rd Light Infantry, private .. .. 60 Mutton, D. 1., Forest Rangers, guide .. 30 King, Walter, 40th Regiment, private .. 30
WESTLAND. Claims recommended. Entitled to I Entitled to Name, Regiment or Corps, and Rank. or Land Name, Regiment or Corps, and Rank. or Land £ Acres. £ Acres. Green, W. H., H.M.S. " Eclipse," carpenter .. 60 Mitchell, S., H.M.S. " Harrier," boatswain's .. 60 Hitchen, W. M., Armed Constabulary, private .. 60 mate Jones, W., H. M.S. " Victoria," seaman .... 60 Morris, J., Taranaki Rifles, private .... 60 King, P., Taranaki Military Settlers, private .. 60 Ormond, L., 65th Regiment, private .... 60
CANTERBURY. Crown Lands Office, Christchurch, 13th August, 1890. In accordance with your circular No. 20, of the 11th December, 1889, I have, after giving notice by advertisement, held Courts of inquiry at Christchurch and Akaroa. Up to this date fifty-three claims in all have been presented, and I have taken evidence in respect to forty-six of them; but in a number of cases I have not been able to complete the evidence so as to enable me to give a decision. Some of the old soldiers cannot produce their discharges, which have been lost, and it will be necessary to obtain copies from the Horse Guards; and in some cases of claims under "The Volunteer Land Act, 1865," I shall have to get claimants' services verified by the Defence Office before I can certify that they are entitled to the remission of purchase-money provided by the lastmentioned Act. In considering the claims made by the various applicants who deem that they are entitled to land-grants under the 2nd section of "The Naval and Military Settlers' and Volunteers' Land Act, 1889," I have had no difficulty in determining claims made under subsections (1), (3), (4), and (5); the majority of claims, however, are made under subsection (2), which provides that the Act shall apply to " all persons who retired from Her Majesty's naval or military service with a good character, for the purpose of settling in New Zealand, at any time before the thirty-first day of December, one thousand eight hundred and sixty-eight, and who have so settled in New Zealand as aforesaid." In consequence of the warding of this subsection claims have been made by officers and men retired from Her Majesty's army or navy who settled in provinces in which no promises of land-grants were ever made: these persons made no claim on their arrival in the colony, but now consider that they are entitled under the provisions of this clause to something, though many of them have no idea what it should be. Ido not conceive this to be the intention of the Act, as it is silent as to what is to be granted, and to ascertain this it is necessary to refer to the Acts or regulations in force in the several provinces of Auckland, New Plymouth, Wellington, Nelson, and Marlborough ; and in every case a certain period of residence in the particular district is required, and, though I understand this may be waived in cases where men tried to select land, but, owing to the difficulty of obtaining it or other causes referred to in the report of the Select Committee mentioned in the preamble to the Act, were unable to do so, yet I apprehend it is not intended that officers or men who came out to or immediately settled in a province where military and naval grants were not given, are entitled. If, however, such is intended, the Act will have to be amended, because there is nothing to show whether men who came to Canterbury, for example, should be granted what was promised to military and naval men who settled in Auckland or in Nelson, the promise in Auckland being a definite area of land, according to the settler's rank in the army or navy, and in Nelson a money-certificate, to be taken in payment for Crown lands, and differing in amount from what was promised in Auckland. I have therefore not made any recommendation in cases where claimants came direct to, or immediately after getting their discharge left the province in which they could have got a grant of land, and came and settled in, a province where no grants were given, as I have no means of deciding what such men are entitled to. In many cases claims are made by men who retired from the army years before the first Act promising land-grants was passed; in other cases, by men who did not come out for some years after getting their discharge from the army or navy. These, I deem, cannot be considered as having obtained their discharge " for the purpose of settling in New Zealand,"
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I forward herewith papers relative to three claims, the circumstances of which are, I think, jn conformity with the recommendations of the Naval and Military Settlers' and Volunteers' Land Claims Committee's report, such as entitle the claimants to get the land-grant promised to naval and military men obtaining their discharge with the view of settling in New Zealand, and who, from causes beyond their immediate control, were prevented from claiming the land they were entitled to. I also forward herewith a list of twenty-nine claimants who, in my opinion, have failed to substantiate their claims for a certificate entitling them to a land-grant or the remission of money in the purchase of land in any part of the colony. John H. Baker, The Under-Secretary, Crown Lands, Wellington. Commissioner of Crown Lands.
Claims recommended. Entitled to Entitled to Name, Regiment or Corps, and Rank. or Land Name, Regiment or Corps, and Rank. or jjand. £ Acres. £ Acres. Dewar, Duncan, 70th Regiment, private .... 60 Murphy, Patrick, 40th Regiment, private .... 60 Faulkner, Thomas, 43rd Regiment, private .. 60 Claims rejected. Andrew, Joseph, H.M. navy, steward. Knox, William, 105 th Regiment, private. Austin, James, 12th Lancers, private. Lorett, Charles Henry, H.M. navy, seaman. Baillie, David W., Royal Artillery, gunner. McDonald, Peter, 65th Regiment, private. Baillie, William, Royal Artillery, gunner. McGuire, Patrick, 14th Regiment, private. Booth, James, Militia, private. Moody, William, H.M. navy, seaman. Chammen, James, 14th Regiment, private. Tacon, Joseph John, Militia, private. Cox, Luke John, H.M. navy, seaman. Tattersall, Henry, Coldstream Guards, private. Field, George, 58th and 65th Regiments, private. Taylor, Colin McKenzie, 12th Regiment, ensign. Field, Toledo, Auckland Rifles, private. Taylor, Herbert Shaw, H.M. navy, acting sub-lieutenant. Glynan, John, 58th Regiment, private. Thome, Samuel, sth Lancers, private. Granger, James, 14th Regiment, private. Wales, William, H.M. navy, seaman. Halloran, John, 58th Regiment, private. Ward, Samuel, Royal Artillery, gunner. Hewston, Henry James, H.M. navy, bandsman. Watts, Charles, Queen's Own, private. Higgins, Daniel, H.M. navy, ship's corporal. Weir, Thomas, 17th Regiment, private. Keegan, Patrick, Bombay Light Infantry, private.
OTAGO. Claims recommended. Entitled to Entitled to Name, Regiment or Corps, and Rank. or Land Name, Regiment or Corps, and Rank. or L "„,j_ £ Acres. £ Acres. Aitken, Adam, Cromwell Rifles, private .. 30 .. Jenkins, William, Arrow Rifles, private .. 30 Brown, S. N., Lake District Volunteers, 30 .. Johnstone, A. T., Cromwell Rifles, private .. 30 major Jolly, D. A., Cromwell Rifles, private .. 30 Bruce, John, Cromwell Rifles, private .. 30 .. MaeDonald, J. M., Cromwell Rifles, private 30 Bryant, G. 1., M Battery, Artillery, gunner.. 30 .. Macklin, H. P., Queenstown Rifles, private 30 Coiclough, Charles, Cromwell Rifles, private 30 .. Maher, Peter, Cromwell Rifles, private .. 30 Crabbe, James, Cromwell Rifles, private .. 30 .. McKay, Angus, Instructor, Dunediii Rifles, 15 Denhain, F. C, Cromwell Rifles, private .. 30 .. sergeant-major Dickson, William, East Taieri Rifles, private 30 .. McLeay, Kenneth, Arrow Rifles, private .. 30 Foote, Thomas, Cromwell Rifles, private .. 30 .. McWhirter, William, Arrow Rifles, private.. 30 Frederic, P., North Dunedin Rifles, sergeant 15 .. Menzies, J. D., Cromwell Rifles, private .. 30 Gebbie, John, North Dunedin Rifles, private 30 .. Morgan, J., M Battery, N.Z. Artillery, gunner 30 Gibson, Lars, Arrow Rifles, private .. 30 .. Morris, J. F., Dunedin City Guards, private 30 Graham, Thomas, Cromwell Rifles, privato 30 .. Partridge, George, Cromwell Rifles, private 30 Gudgeon, C. E., Cromwell Rifles, private .. 30 .. Ritchie, James, Ci'omwell Rifles, private .. 30 Harrison, R., Instructor, Dunedin Rifles, 15 .. Shepherd, T., North Dunedin Rifles, private 30 sergeant-major Smith, F. 8., Port Chalmers Navals, private 30 Hay, Charles, Arrow Rifles, private .. 30 .. Snow, William, West Taieri Rifles, private.. 30 Healey, I. F., Arrow Rifles, private .. 30 .. Thomas, Henry, Cromwell Rifles, private .. 30 Hem, Carl, Arrow Rifles, private .. .. 30 .. Thomas, Patrick, Cromwell Rifles, private .. 30 Henderson, P., Arrow Rifles, private .. 30 .. Webb, James, Arrow Rifles, private .. 30 Horn, James, Clutha Rifles, private .. 30 .. Webster, G., North Dunedin Rifles, private 30 Jeffery, F. T. D., Cromwell Rifles, private .. 30 Claims rejected. Bevin, John, Bth Royal Irish Hussars, corporal. Mackenzie, F. W., Bth Regiment, captain. Daly, John, 65th Regiment, private. Maguire, Henry, Oamaru Rifles, private. Davey, Thomas, 40th Regiment, private. Maxwell, Samuel, 70th Surrey Regiment, sergeant. Dick, James, Portobello Rifles, sergeant. McKay, Peter, 93rd Highlanders, sergeant. Downey, Hugh, 99th Grenadiers, private. McKe'lbey, J. E., 40th Regiment, drummer. Flavin, Thomas, 57th Regiment, corporal. McKinnon, H., 3rd Waikato, private. Flynn, Patrick, 99th Regiment, private. Pearce, James, H.M.S. " Driver," lst-class petty officer. Forster, Richard, 2nd Waikato, private. Sheehan, C, 57th Regiment, private. Green, Michael, 65th Regiment, private. Smaill, A., Dunedin Navals, gunner. Harding, Elias, 58th Regiment, private. Wilson, W. A., Portobello Rifles, private. Henry, James, 2nd Battalion, 18th Royal Irish, lance- Wright, W. J., 65th Regiment, private, corporal.
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SOUTHLAND. Claims recommended. Entitled to Entitled to Name, Regiment or Corps, and Rank. or Laud Name, Regiment or Corps, and Rank. or jjand. £ Acres. £ Acres. Batson, H. T., Invercargill Garrison Band, 30 .. Galbraith, R., Invercargill Garrison Band, 30 bandsman sergeant Booth, J. C, Invercargill Rifles, sergeant .. 30 .. Jones, Richard William, Invercargill Garri- 30 Boyne, W., M Battery, N.Z.R.A., sergeant.. 30 .. son Band, bandsman Brackenridge, J., G Battery, N.Z.R.A., ser- 30 .. Kingsland,C.W., Invercargill Garrisonßand, 30 .. geant-major sergeant Clare, J. G., G Battery, N.Z.A., corporal .. 30 .. Lillicrap, Herbert V., Bth (King's Royal) .. 400 Ferguson, J., Invercargill Garrison Band, 30 .. Regiment, lieutenant bandsman
Crown Lands Office, Invercargill, 25th June, 1890. Be Mr. H. V. Lillicrap's claim under " The Naval and Military Settlers' and Volunteers' Land Act, 1889," and your memorandum No. 90/820, of the 7th May, 1890 :— I was clearly under the impression that the Act in question was brought in to meet such cases as those of Mr. Lillicrap and others, the preamble to the Act evidently implying that mere legal or technical objections would be waived, provided claimants could show that they were equitably entitled to a grant of land, and had not got their claim satisfied. Mr. Lillicrap, I was aware, had petitioned the Legislature several times in regard to his claim, and the letters he submitted to me from several colonial statesmen gave me the distinct impression that an Act would be passed to meet such cases as his and others, which Act I now understand to be "The Naval and Military Settlers' and Volunteers' Land Act, 1889." Mr. Lillicrap, I may remind you, based his claim on " The Auckland Waste Lands Act, 1858." Under that Act a grant of 400 acres of land was awarded to him, he having proved to the then existing authorities that he was a retired military officer, having served a certain number of years in Her Majesty's service, and had retired for the purpose of settling in New Zealand. Evidently the grant of land would not have been made to him had he not been able to substantiate his claim. The grant, however, though made, was subject to certain residence conditions within the Auckland Province, which residence conditions, owing to want of employment and slender means, he was unable to comply with. It will thus be seen that he was equitably entitled to a grant of land, and I was under the impression that, if the preamble to the Act of 1889 meant anything, it meant, that technical objections to claims such as Mr. Lillicrap's would be waived, and, provided the claimants could show that they had been entitled to a grant of land, and had not had that claim satisfied, they would be entitled to take advantage of the Act of 1889. In other words, I was under the impression that the Act of 1889 would sweep away the merely formal objections to the claim, and that the claimants would be restored to their original position as claimants uuder the Auckland Waste Lands Act of 1858, and similar Acts. No doubt Mr. Lillicrap has been petitioning the Legislature for some years back, but the letters produced by him go to show that the equity of his claim was recognised, the only barrier being the strict law of the matter, which barrier has now been removed by the Act of 1889. If a claim such as Mr. Lillicrap's be not recognised, then it would be a difficult matter to know where to draw the line. Of course, should the Government decide adversely to the claim, it will become my duty, on being communicated with, to inform the claimant accordingly. J. Skence, The Under-Secretary, Crown Lands, Wellington. Commissioner of Crown Lands. [Approximate Cost of Paper.— Preparation, nil; printing (1,200 copies), £4165.]
Authority ; Geoeqe Didsbury, Government Printer, Wellington.—lB9o.
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Bibliographic details
CLAIMS UNDER "THE NAVAL AND MILITARY SETTLERS' AND VOLUNTEERS' LAND ACT, 1889" (REPORT OF COMMISSIONERS OF CROWN LANDS UPON)., Appendix to the Journals of the House of Representatives, 1890 Session I, H-51
Word Count
6,453CLAIMS UNDER "THE NAVAL AND MILITARY SETTLERS' AND VOLUNTEERS' LAND ACT, 1889" (REPORT OF COMMISSIONERS OF CROWN LANDS UPON). Appendix to the Journals of the House of Representatives, 1890 Session I, H-51
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