COURT OF APPEAL

Taranaki Daily News, Volume LIII, Issue 15, 11 October 1910, Page 5

COURT OF APPEAL

CHRISTCHURCH CITY COUNCIL v. BOLAND AND ANOTHER. By Telegraph—Press Association. Wellington, Last Night. In the appeal case, Christchuroh City Council v. Boland and another, Mr. Harper, for appellants, contended that as it was decided in the Supreme Court in the case of O'Meara v. Feilding Borough Council', where the facts were similar, buiMings, before exemption could be claimed, must be used '•'excusively" tor the purposes of a school and not carried on exclusively for pecuniary gain or profit. The fact that persons, not scholars, received musical tuition in the building prevented the exemption section applying. He therefore submitted that the rates were properly levied. Mr. C. P. Skerrett, 'K.C., for respondents, submitted the p'lace was a school, and the fact that others than ordinary scholars received musical tuition did not altrr its character. Music was a part of the ordinary curriculum of the institution and was an educational subject. The building was not used for teaching subjects outside the curriculum. These persons were under the discipline of teaclurs and were pupils of the school, although separate from the other scholars. Judgment was reserved.