WARDEN'S COURT, ROXBURGH

Tuapeka Times, Volume III, Issue 172, 25 May 1871, Page 5

WARDEN'S COURT, ROXBURGH

Mat 12.

(Before J, B; Borton, Esq., Warden.)

Scerri v. Cameron — Mr Humphrey Grover appeared on behalf of the* plaintiff, and David Hunter Mervyn, Esq, M.H.1?,, M.P.C., for defendant. From the evidence adduced, it appeared that some months since the defendant purchased from the plaintiff his share in Head water race and mining claim at the Island, together with house, garden, &c, for the sum of LBO. A portion of the amount, viz,, L2O, was paid at the time, and an agreement, duly stamped, was entered into between the parties for the payment by defendant of the balance on the first of June next. The defendant took possession, and worked the race and claim until a few days since, Avhen he gave notice to the plaintiff that he would not fulfil his part of the agreement, and abandoned the property. The plaintiff therefore sought to comppl defendant to pay the balance of the purchase money, a sum of L6O, or to fulfil his part of the agreement,

Mr Mervyn cont ended that the agreement;, or, as he termed it, transfer, was no' valid, inasmuch as it only bore a one shilling stamp, and was not registered. Me quf)t"d different sections of the Stamp Act and the (roldnelds Act, by which he endeavoured to show that the document should be registered, and should bear stamps requisite for a transfer of mining property of the value of LBO, as provided by the Stamp Act.

Mr Borton very clearly pointed out that the document was only an ordinary agreement, and not an assignment, and therefore Mr Mervyn's objections fell to the ground. He therefore gave judgment to plaintiff, with costs, ordering defendant to pay the balance of purchase money at the time fixed by agreement.