ASSESSMENT OF DUTY.

Gisborne Times, Volume XXX, Issue 3531, 23 May 1912, Page 7

ASSESSMENT OF DUTY.

CLAIM BY THE CROWN. fPER PRESS ASSOCIATION .] WELLINGTON, May 22. A question of duty was involved in a Supremo 'Court action yesterday afternoon. The parties to the action were his Majesty the King, plaintiff, and Walter Leopold Bulier, of Wellington, andi Gilbert Maii’, of iPajl’merston North, surviving executors of the will of Walter Lawry- Bulier, barand A. L. Herdman and 11. E'. Anderson, barristers, exectuors of the will of Arthur Percival Bulier, barrister;- late of Wellington, defendantsIt was set out in the statement of claim that prior to the 28th February, 1893, Walter Lawry Bulier was the proprietor and beneficial owner of 1000 acres of land at Kereru, Alanuwatu, and that on that date- lie transferred it to his sons, Walter L. Bulier and Arthur Percival Bulier, for £2OOO. The transfer was at the timo presented to the Commissioner of Stamps for assessment of stamp duty, and stamped as on a conveyance on sale for £2OOO, stamp duty, amounting to £ls, being paid. The memo of transfer was -registered by the sons cn t-h • 12th December, 1895. On the 19th July, 1906, Walter Lawry Bulier died, and probate of his will was granted to his executors, A. L. Herdman and H. E. Anderson. The mm of £2OOO, expressed to have been paid by the sons to Walter Lawry Bulier, was not paid, and the real value of the property at the time of execution of registration of the transfer was £4OOO. This transfer, it was contended, was a- gift within the meaning of the Stamps Act Amendment Act, and that, dutv was accessible thereon at £2OO. There fwas also payable, it was alleged, a fine of 100 per cent., and judgment was claimed at £4OO, being amount of duty and fine. Mr Justice Cooper presided- Mr J. W. iSalmond (Solicitor-General) appeared for the Crown. and Mr O. P. Skerrett, K. 0., with him Mr 11. E. Anderson, for defendants. Argument was part heard when the Court rose for the day.