The Daily News. THURSDAY, AUGUST 6, 1903. THE MOKAU LANDS.

Taranaki Daily News, Volume XXXXV, Issue 184, 6 August 1903, Page 2

The Daily News. THURSDAY, AUGUST 6, 1903. THE MOKAU LANDS.

In the course of a very long article entitled " A new mov© in the Mokau ease," Scrutator in Truth deals very exhausliveJy with the history of the litigation ever this estate, and after xi f erring to the efforts made to find a solution to tha difficulty and a settlement on a permanent basis, says: - The result of these negotiations destroyed for the last time all hope of getting over the deadlock by mu'u'il agreement between the parties. Siuccthat date (April 3rd, 1902) I have had nothing to do with the case, but I have heard from Mr Jones what has bsen going on. He was advis3d, and on the b=st authority, that his remedies in England were exhausted, and that his oesfc course in order to afswthis right? was to go to the New Zealand Courts With the judgment of the Hi h Courts here convicsiog Mr Flowers of professional misconduct in the transactions connected with the purebasa of the. estate, and to apply for an order restoring his own name to the New Zei.lmd Register as the owrer cf the property, subject to the pi.ymant of whatever amount the New Zealand Courts might find to be duo to Mr Flower and his partner in thepurcbasp, Mr Hopkinson, or the Litter's representatives, But, however sound this advice might be, there was an unfortunate difficulty ia the way. Mr Jones, as those who have followed the history of the case are aware, has long since been reduced to penury by his experience in England, and he was qui'e unable to find the money necessary to return to New Zealand and j commence legal proceedings there, j Before he could do this, it was neces«iry that he should himself find a prospective purchaser of the property, who would finance him under some agreement to take efFtct when he had vindicated his title. This, under the circumstances of the case was, by no means, an easy matter. Capitalists aye proverbially shy of property, the title to which is involved in difficulties of this kind. But after odb or two fruitless negotiations Mr Jones has lately been successful in finding some gentlf men of means in London ready, with full knewledge of the facts, to enter into an agreement with him on the above mentioned terms. The matter was so far settled that the agreement was formally approved aDd engrossed hy the solicitors for the respective parties and the day fked for its execution and the payment to Mr Jones of a deposit which would have enabled bim to start at once for New Zealand and commence legal proceedings. Within three days before the dato fixid for this settlement, the advertisement of a further attempt to sell by i Mr Sneath and Mr Flower is published in the Times. Thereupon the other parties to the negotiations declined to execute the agreement-naturally enough with this sale hanging over the property. The unfortunate Mr Jones —aß has happened again and again to him in the transactions of the last ten yeais i.» diß>ipp.:)nted of a settlement ; on th" > v of it* completion, and tho \ pvcspec , I hi-> asserting his r-glits in Ze ' nd is i-nce again postponed jimkf ly. Tie sale is advertisad as I' .By Ur-ler of .h . Court." The order I in question was fourteen months old at , the timn when the advertisement was' published and is virtually eome years, oluur than that. I have not got the exact date, but I think it is at least thrto years ago that Mr Justico Wright made an order in Hopkinson's bankruptcy, giving the trustee power to ' sell such interest as he might possess. | This order was appealed against, and 1 the Court of Appeal sent the order bacV with a direction that the trustee ! should have p:>wer to sell absolutely. l In the inem ime there was some li'.i-j gatioa pending in the Chancery Division, which ennw to nothing; hit oa j March 17th, 1902, Mr Justice Wright 5 finally made an order for sale in accord- j ane<: wKh the judging of the Conrt! of Appeal. That nothing should have ; been done under the order until May, 1903, and then a preliminary— it was'

only a preliminary announcement should have been suddenly published! on the day fixed for the execution of Mr Jones' agreement with his newi 'purchasers is sufficiently signifiaaatJ When negotiations of this kind are giiug on in financial cirolfs in London! the news soon gets t-lmt; and it is ' difficult to believe that the news of what was going on did not r6ach Mr Flower and Mr Sceath in this instance, or th.it the advertisement of a further attempt to se'.l the estate was not immediately prompted by it-. If Messrs Flower and Saea'.h say that this is not so, and tbab they have no rie; irt to frustrate the completion of Mr Jo[j66' agreement for the sale of th<property, let them at once withdraw i.be notice of sale, and leave Mr Jooet fr.'e to go to New Zealand and take what (step he cm to nuke good his title there. This w,ll at once answer any unfavourable reflections to wLich the circumstances above-mentioned may have given rise. There is the martreteon for taking a course which will look well on the'faca of it, seeing, on the one hand, the extreme probability of no one bidding for the property under the existing circumstances; and, on the other, that by lcaviog Mr Jooeffree to complete hiß arrangements, both Mr Flower and Mr Sneath (the latter being ot:ly concerned, of course, to do the best he can for Mr Hopkinson's creditors) have the best prospect ! they are ever iikely to get of obtaining a settlement of their claims. It is, in facfc, impossible to understand why Mr Jones should be obstructed by this fresh attempt on the side to sell the property, if Mr Flower's repeattd pre fessions tha"; he does not want the estftte t and only wants what money is legally due to him, are genuine.