NAME John SMART
BORN ?
DIED ?
MILITARY SERIAL NO. 1440
UNIT 55th Battery
ENLISTED Brisbane 3 August 1915
DISCHARGED Sydney 23 August 1919

do you this is a fair way to treat a man who is trying to start himself again?

John Smart’s block consisted of 186 acres at Durroby Creek in the County of Rous, Parish of Terranora, Land District of Murwillumbah. It was leased from a Francis Smart at a rental of £1.3.0 per acre – the lease was for a period of five years from 1 January 1921.[1] The land was at the time John Smart took it over, under a mortgage amounting to £2700.[2] It was considered to be a home maintenance area suitable for dairy farming. John Smart’s Advance was approved 11 August 1921 although there was a problem with obtaining the money.[3]

On 7 November 1921, Francis Smart, (John’s father) wrote to the Director of SS complaining that the Advance money had not been made available. ‘Now sir do you this is a fair way to treat a man who is trying to start himself again’.[4]

Francis Smart purchased a farm for his son because the owner did not want to go into a transaction with the RSS Branch.  He then leased the property to his son.[5]

The delay was due to the failure to hand over documents of security including the Bill of Sale, Stock Mortgage, and a memorandum of mortgage under the RP Act over lease hold interest, undertaking by lessor and the authority from John Smart to the manager of the butter factory.[6] Difficulties with the payment of the loan were finally sorted out subject to these conditions.[7]

John Smart applied for an extension of time to pay amounts due on his advance on 23 May 1923.[8] As Smart was seen as a good farmer the extension was approved.  The Department did not anticipate any difficulty recovering the money.[9] Smart was granted an extension of time until 31 January 1924 having made payments amount to £107.19.2.[10] He then requested another extension for six months ‘due to the adverse season’ which was approved as well 25% of his cream cheques were paid to RR Branch.[11]

Sometime before 4 December 1924, Francis Smart passed away and questions arose about whether a new lease would be implemented when it expired on 31 December 1925.[12] By 26 July 1926, John Smart had exercised his option to take out another five year lease with the lease being consented to by the Bank of Australasia as 1st Mortgagee.[13]

John Smart repaid his advance in full on 17 June 1929.[14] His case demonstrates how family capital helped secure success for the more fortunate soldier settlers.

Footnotes

[1] SRNSW: Lands Department; NRS 8058, Returned Soldiers loan files;[12/7240 No. 7346] John Smart, RSS Branch Office Memorandum abt 16 Sep 1921.

[2] Ibid, Application for Loan nd.

[3] Ibid, RSS Branch Office Memorandum 1 July 1921.

[4] Ibid, Francis C. Smart and John Smart to Director of SS 7 November 1921.

[5] Ibid.

[6] Ibid, RSS Branch Office Memorandum 9 November 1921.

[7] Ibid.

[8] Ibid, Application for an Extension of time to pay amounts due on advance 23 May 1923.

[9] Ibid, District Officer SS Branch Murwillumbah to Under Secretary Department of Lands 23 June 1923.

[10] Ibid, RSS Branch Office Memorandum 25 March 1924

[11] Ibid.

[12] Ibid, Inspector to District Surveyor Grafton 4 December 1925.

[13] Ibid, RSS Branch Report 11 January 1928.

[14] Ibid, Department of Lands Memorandum 17 June 1929.

Sources used to compile this entry:

State Records NSW: Lands Department; NRS 8058, Returned Soldiers Settlement loan files; [12/7240 No. 7346] John Smart.

National Archives of Australia: B2455, First Australian Imperial Force Personnel Dossiers (John Smart) online: http://naa12.naa.gov.au/scripts/imagine.asp?B=8086596&I=1&SE=1