SCHOLARSHIP TEEMS

Evening Post, Volume CXVI, Issue 96, 20 October 1933, Page 14

SCHOLARSHIP TEEMS

MEANING OF "RESIDENCE"

A question as to whether v child legally resides in the district in. which it attends a boarding school was brought before Mr. Justice Blair at the buprcme Court yesterday when Gwendoline Mary A very, a student at Hie Otago University, proceeded against the University of Now VaJand in connection, with tho granting to her of a iaranaki scholarship-on the results of university entrance scholarships examination in 1932., The .fact that the plaintiff had been awarded a; Taranaki scholarship was published in the Press, but the University withheld the scholarship on the ground that she had not complied with one of tho conditions, namely, that she had not resided in Taranaki for two years prior to' the examination. The facts of tho case were that the plaintiff's'father was a minister who was liable to be transferred at intervals from one district to another. He I was transferred to Taranaki in 1920 and remained there until April, 1930, when he was transferred to Auckland. AVhcn he went to live in Taranaki his daughter (the plaintiff) went to a primary school in that district. She then went to the Girls' High School at New Plymouth'where she became a boarder. When her father was transferred to Auckland she remained at the high school and only went to her father's home during the term holidays, Of the fifty-two weeks in the year, she lived for forty weeks in New Plymouth. It was contended on behalf of tho University that the plaintiff ceased to reside in Taranaki when her father went to Auckland. Mr. ,T. Stariton, who appeared for the plaintiff, submitted that the primary meaning of the word "residence" was the place where a. person actually ate, drank, and slept. 5 Counsel for the University, Mr. P. B. Cooke, said that the University was the trustee of the scholarship funds, and it was only too anxious to do what tho Court considered it was its ■ duty to do in the matter. It did not matter to the University whether' the plaintiff got the scholarship •or somebody else. The University had taken up, the attitude . that the ■ plaintiff .was., not entitled to the scholarship,, as it. was submitted that at no time since. April, 1930/ had she-resided in Taianaid. The meaning of the word "residence/" he submitted, was the candidate's home in .the ordinary.. acceptation of the word. ' • ■■■•■'■; -"'-,■■- Counsel argued- tho meaning of the word "residence" for a considerable time. Mr. Stanton, at the conclusion of tho case, said that it was not suggested that the University had douc anything but its duty in taking up the attitude it had. Decision .was reserved.