Before W. N. Searancke, Esq., R M. Saturday, June 24th, 1876. Civil Side.

Waikato Times, Issue 640, 27 June 1876, Page 3

Before W. N. Searancke, Esq., R M. Saturday, June 24th, 1876 . Civil Side.

Wftlker v. Anderson : (Adjourned by .om,ent of couuacl from the Cambridge KM Court, the preceding day,, forpuiposes of legal reference, and for fullei argument ou a pomi of law.) His worship explained - That the question bdore the LW was, as to the Lai completion of sLamp attached to a ceflain document handed into Court, as "idenc, by Mr Whitaker the precedmg clay which document Mr Hay objected to as an illegal instrument, on the ground that the Btainp had not been legally intiuled and caucoU-d at the the time oi the &ecntion of the deed. The following evidence was taken : # E B Walker deposed—The initials •«EBW" on the stamp in question are not in my handwriting. The stamp was cancelled by Mr Smith in my presence, and in the presence of Mr Anderson. The initials were affixed by my instructions. Before I leit the room, and at the time of my affixing my signature to the .document, the stamp was initialed by my request and with my sanction. The liev John Smith—l recognise the initials " N A" on the stamp as my writine I wrote the initials with the consent and in the preside of Mr Anderson. I initialed «GB \V" on the stamp at Mr Walker's request. By Mr Hay—lt might haw boen ten days after that Mr Andeison signed document aud hia iutiaU put on the stamp. Dnncan Anderson deposed—l never authorised any one to iuital the stamp produced for me. The kwt witness is misUken, or else has made a wilful inisrtatement. . ,r ' By the Cour^-I never authorised Mi Bnnth iv any way to complete agreement. '! here was not u word said about the tttjop or initialing it. Considerable argument by tbtf learned Council hereupon ensued, ior which we leeret we have not space. His Worßhip—The whole question of claim appears to me to hinge upon the legality of a certain document. 1 must decline to take upon my ßelt the responsibility of deciding upon that point until 1 have obtained an opinion. I shall Uko the highest legal opinion in the Colony upon this matter, and will give judgment . at Cambridge next Court day. The Court then adjourned.