LAW REPORTS.

Dominion, Volume 4, Issue 1177, 12 July 1911, Page 5

LAW REPORTS.

. -4 . ■ COURT OF APPEAL. HIGH SCHOOLS-WHATCHILDREN? BELOW STANDARD II? ' AN INSTITUTE TEST-CASE. The question of whether ail Education Board ha 3 the power to exclude from instruction in a District High: School children below Standard II was involved in a case heard before the Court of Appeal yesterclay. Tllo Bench comprised Sir Robert Stout (Chief Justice), Sir Joshua Williams, and Justices Dennistou, Edwards, and Sim. ' It' appeared that the Wangnnui Education Hoard had passed a resolution that children who had not passed Standard I should not be allowed .to . attend tho Wanganui District High School, tho board having . long before _ 'this established ah infant school in the district to provide for these children. A firo then occurred which reduced the accommodation in the school, but a reinstatement of the buildings had again given the necessary accommodation. Children ■of school ago had been excluded from tho High School, and the headmaster had been prevented from alJo\riiif them (o attend, and both teachers and parents protested. Tho headmaster of the High School dceired to have the infants admitted, as such would , increase his roll number, and so tend to increase his staff and the salaries all round. In order to test the matter a caso. was stated under the Declaratory Judgments Act and the decision, of the Court was against the master of the echool. -Hence the present appeal by the Teachers Institute. / . Tho. appeal was against a decision of Jir.' Justice Chapman, delivered on September 15, 1910 (tho appellants being tho •New Zealand Educational Institute) on ■ the ground that the judgment and declaratory order were erroneous in point ;of law. The questions submitted .wero: \Sns an Education Board power to' exclude children, (provided they are of school age) from attending and receiving instruction at a district high School or a mixed sclioul under us ■ control? ■. ©as an Education Board power (by resolution, or general instruction, or otherwise) to prevent the headmaster of u ■District High School, or of a. mixed school under its control, from receiving for instruction at such school any ' ■ children of school age? • . 3las an Education Board power (by resolution, or general instruction, ui- ■ -otherwise; to require or insist • that no children below • Standard II shall ■attend, or bo received as pupils at. u District High School or a , -mixed • school under, the control of such board?

The answer given. by Mr. Justice Chapman T.-113 that th« Education Board had power (fay resolution or general instruction or other proper measure) to reciuire that no children bclo.v Standard II should be allowed to attend, or be received a a .District High School within ifcdisU*Hk r n" in & ar B ument at considerable Wh their Honours reserved their de«MH Till 0 ' mh F5- w , ith h -™ MrInstitute Air WPtt the EducaHon ln»titutte Mr. C. 0. Hutton. for the Wanganui Edncatmn Board, and Mr.,,T. W SWW I^ 1 ' in tte,ihter-