PECULIAR NATIVE CASE.

Press, Volume LVI, Issue 10263, 4 February 1899, Page 5

PECULIAR NATIVE CASE.

A MINISTER OP THE CROWN IN-

VOLVED. 5

; (nuns Aaaomxriort txleobam.) GISBORNE, February 2. Judge Batham has been occupied in the Validation Court this week hearing application from Mr Lysnar, solicitor, on behalf of certain natives, for the removal from the office of trustees and receivers of a native trust.estate.6f Messrs Carroll, Wi Pere, and Jackson, upon the grounds of neglect, disobedience of orders of the Court, and other alleged irregularities.

Ah affidavit has been put in from Mr Poster, manager of the Assets Company, stating that for a long time past he had been wholly,dissatisfied with the management of the receivers. He was of opinion the trustees at present holding office could not administer. Jthe trust estate to advantage, and should be relieved from office, and that the appointment of Mr Jackson as receiver had not been beneficial to the estate. The native applicants and Mr Lysnar, in their several affidavits, state their dissatisfaction with the management of the estate, owing to want of diligence. They allege that the trustees had refused their request to sell portions of lands, and had failed to keep separate accounts. In the answering affidavits Mr Rees, solicitor for the trustees and receivers, states that certain statements made in the application are false and malicious, and explains that the trustees and receivers had acted under the orders of the Court made by Judges Gudgeon and Barton. An order made by Judge Batham in Auckland, making the trustees personally liable for repayment of £300, he declares to be ultra vires, having been made without notice. The trustees had, from time .to time, applied to the Validation Court for money with which to satisfy its own orders, but without success. He'admitted a bankruptcy notice had been served on the trustees on account of one of these orders, and had endeavoured to get the Court to satisfy •the claim. I J The Hon. J. Carroll, in his affidavit, denies the charges of neglect, and states that he and the trustees had done all in their power to lease the lands under their control, and in promoting the interests of the natives. The Court had ordered that the costs and charges of himself and Wi Pere as trustee? should, after taxation, be made a first charge on the estate, and though, in November, 1897, the Court distributed the sum of £5000, tho sum of £500 owing his co-trustee and himself still remained an unqualified charge upon the estate since the beginning of that year, the Court, when it had moneys in hand, having invariably directed the payment of other debts not preferential. Messrs Wi Pere and Jackson have made similar affidavits, the latter stating that he had kept proper accounts, and denying that these natives had requested him to sell their land.

Argument is proceeding. The case il likely to last several days.