THE SAMOAN LAND DISPUTE.

Te Aroha News, Volume VI, Issue 317, 17 November 1888, Page 3

THE SAMOAN LAND DISPUTE.

Tin; Samoa, "Times" of October 2?t n contains an announcement of the bank" ruptoy ofFrunkCornwall, who willboremenv bered m connection with the great Satnoan land dispute, in which McArthur and Co., of Auckland, weie also concerned. Tho?. Mabinhas been appointed trustee in the estate, andannounoes for sale by public auction on November 12th the estates of Faleula, Magia and Lata, also a large amount of unimproved land situated on t!ie inlands of Upolu and Savaii. Cornwall was declared bankrupt at the suit of McArthiu' and Co., and' the history of the transactions between these two parties is tomewhat complicated. , Y 7 ears ago, Cornwall's tru^tqe.s got into the debt of McArthur an'&\ "Co. for some £5,000 or 16,000, and the firm named took as security ceitain portions of Cornwall's property with the condition that if they realised upon that secuiity they would have to take it at a certain price. ' They declined to take that secuiity, and sued Cornwall, obtaining judgment against him.' The judge ordered that the mortgage should be delivered up, and it was dejjvered up and c mcelled. 3Mc Arthuiiand Co?, under judgmontbf theCouri, then seized and sold lands, and that; seizure and sale resulted in pioceedings in the Privy Council, "which has decided, practically that the sale by McArthur was illegal, ' an-i that the land was Cornwall's. Me- S Arthur's , judgment was still unsatisfied, 1 add"they appealed to the Court for Cornwall to bo adjudicated bankrupt. They woro successful, and tho result is the publi-cations'jM-eviously referred to. ij Mr %ank Gornwall,;who has for borne time XlQf}} r e,fjdin'g ft^i}^c,kland, was seen by a ST'/Vli v represeri'iative andj-asked to give a, statement regarding - tnis new, phase ol the dispute. ff ,|Jo states that his solicitors simply' laugh a.D ( those,' bankruptcy, prpeee^ig^, wh^icjj aye. quite "ultra vireq and'irr'cgu'lar. !No notice of, the pi^oceedings, \va"s seryed upon Mr (vorhwall, and'jn point of fact ( he ,says,tharb lie h&§ not^ for, several years been residing within .the, juri&diction of the High QQiri'njissiQnfirlol .the Pacific. Ho contends that this official h us no more extended ' powers in n bankruptcy, than "are, 1 possessed/ by/ the-,. .'English' 1 Courts I *' ovbr* Samoa, and (Such jurisdiction only extends to residents of", San\oa) a'nd-thoir" 1 personal property. Mr Cornwall states that Messrs McAr,fch m'-anfr 1(367 *" have 'constituted their employees at Samoa a Court of Bankruptcy, 'and it is upoa, their report thai the! High Commissioner 'has \aqthorised the sale , of lands referred 'to i above ; -but' as none^of the lands 'belong t<p him (Cornwall) he simply intends to^ ignore the pres- 1 ' enb proceedings. ■- The representative'at Apia will prbbesfci against, the 'sale, and has received peremptory instruo 11 tions from ihe 'Auckland, solicitors that if the >Samoan authorities, will y not assist them' in obtaining possession. of the lands in dispute, he must take possession 4 at all- hazards.. Tho British 'Consul will also be moved to restrain MoArbhiu- and' Co. from Caking possession oi the estates. ' ' ' " •' I It w t ill' be remembered t j>hat when the 'syndicate's' .omissaries, a_rmed with the Privy,. C, oil noil's decision, , went to take possession of ,the , lapd^s, they^ffwere 'efectett' by' McAi'tliur .and^.^o/'s, employees, -A .charge" of assault, was preferred against . the la'kbr," ?»nd was , to be * heard " afc A,pia on the 6th inst. If t succes4ful 'in that' casp they, intended, [fclien to, bring a pivjl action" fpr damages for { th'q assault, and 31r t oprnwall considers the |iso-calle l d bankruptcy prpceedjingsaresimply 'meant to influence these actions.' '