EXTRA PUPILS.

Timaru Herald, Volume XIIIC, Issue 14321, 11 October 1910, Page 5

EXTRA PUPILS.

IMPORTANT TO PRIVATE SCHOOLS. Per Press Association. WELLINGTON, Oct. 10. In the Appeal Court the case of the Christchurch City Council v. Bolund and another, in winch the defendants aro trustees for the Sisters of Mercy, of certain laud in Christchurch .upon' which is a building used for educational purposes, the pupils being both free and paying, and tho teachers unpaid* The question tho Court is asked ton decide is whether tho defendants can claim exemption under section"2 (8) of. the. Rating Act, 1908. Mr G. Harper, of Christchurch, appeared for plain* tiffs, and Mr Skerrett, K.C., and Mfc Barr, for the defendants. Mr Hoopjr, for appellants, contended that, as was decided in tho Sn-; preme Court in the case of O'Mcati v. Feilding Borough Council, tvuoto the facts were similar, before exeiri)>. tion could be claimed the building must be used "exclusively" for thd purposes of a school, not carried on; exclusively for pecuniary gain or profit, and the fact that persons not scholars received musical tuition in the building prevented the exemption section applying. Ho thereforo submitted that the rates wore properly levied.

Mr Skerrefct. for respondents, tali* mitted that the place was a sohool, and the fact that others than ordinary scholars received musical uition there did not alter its character. Muslo was a part of the ordinary curriculum of the institution, and it was an edu« cational subject. The building was not used for teaching subjects outside the curriculum, and these persons were under the discipline of the teachers, and were pupils of the school, al» though separate from other scholars' Judgment was reserved.