R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3131, 16 February 1889, Page 2

R.M. COURT.

MASTERTON-HUPAY.

(Before S. von. Stunner, E,M.)

J.'O. Crawford v. J. Bagge: Claim jE8: ; 8s, one quarter's tuition of defendant's son. - : ■. v. •'■ ■.

: Mr Smith (for Mr Biuniyj'appeareo 1 for. plaintiff, and Mr Skipper foi defendant.

Plaintiff deposed that defendant's son was a pupil at Ms Grammer School, The common and aocepted custom in : ; sigh Schools!was for 1 parents to .pay at'.the .beginning, of each, quarter for the lnsfrubtion of their sons, '■ - That defendant. on the notified him that his J - 0 "- • ','p-? v *- ; *bla : W return to 6on would no};i«>;.,:,.^rr-'-v^J^;. :

scliool.';. Tbe qiiftrteiv obmraericipd on .January Ist; and .ended March' 81st. Defendant'/aoknowiedgedilby letter that His son was a pupil of liis sohbol, and.if he insisted upon the; quarter's notice, he would have to;-pay itHad made the deinand;on defendant, but without avail, .-.: y'

. Cross-examined by Mr. Skipper: Plaintiff- admitted i that he had made a special an'angement with defendant to pay at the end of eaoh'month, and that, he had'" been so' paid. Had

Issued-' a preliminary ' notice by circular, in whioh he stated the terms wdiild be three guineas, per Quarter,' Did not state the money would havo to belaid in advance, but,parents generally understood that such.would be required, it being ;■ a\ ooinmon custom, Had not' issued ai.prpspectus further than tlie' -.first introductory oirculai*. Nothing* was said as to giving a term's 1 -notice, ; Any.'

one .'knowing the. -.usages; would understand that such "would ■' be required. ; There was nothing to indicate that, such i was ■ required. Defendant said would; suit'him better to. pay monthly and : he was satisfied that he' should: do so, '\ The school re-opened on 28rd January. The term began on Ist January, and on 18th January Mr Bagge. wrote stating that he would not be able to

send lus son back to sobool.' Notice should have been given last quarter of defendant's intention if he did not mean to send bis son this quarter, He claimedHhe fee" £3 Bs. from defendant,;who wrote a few days after

stating, he acknowledged his son-was still : a' 1 pupil of his and if it was insisted upon .he would have to pay the quarter's tuition fee. The.quarter would not -expire till the end .of March ney}.. Witness iuformod

defendant be bad better pay. No children had been taken from the school without notice * lately. M r Galloway had, removed his son without notice, aud Mr Nicol also. : Up to the commencement of the present

quarter his scholars averaged eight, Money was owing by other parents. Had not sued them because he did not'choose to do so. The issued

the present case would decide what course he would adopt, The quarter was now about half expired. The fees for the current quarter were duo on the Ist January, Mrßagge's son had received no instruction during the, present term. Was not aware wba't Mr Grundy's custom was. The High School referred to as Mr Grundy's was not in existence during his time, and therefore would express no opinion upon ics customs,

By Mr Smith: Had allowei

Messrs Nicol aud Galloway to'aot in a special way,. Considered he could have enforcod payment on the first day of the term. .The arrangement with Mr Bagge was for that gentleman's own convenience, He got the bill at the beginning of the quarter aud paidmonthly, Had no intention whatever of taking proceedings against'anyone. To the Court: Mr Bagge paid at the end of each month. J. C. Boddington deposed that his son attended plaintiffs school. There was a clear understanding that the fees were payable in advance, and a quarter's notice to be given of- the intention to remove a pupil. So far as lie knew that understanding was general amongst the parents, Mr Crawford gave him to understand so,

In his capacity as Chairman of the State Sohool Committeo had been

the means of the High Sohool being' introduced by Mr Grundy, The terms were made by the Committee, and parents were allowed, to pay at the end of the term, That'was to suit the poor people.. Should not think of comparing that school with Mr Crawford's. The hills were made out by' Mr Grundy about the middle of the term, and were paid for after the term expired, Had himself made an arrangement with Mr Crawford' not to pay in advance, Considered that a special measure. Did not take a considerable intorest in the present case, Had introduced Mr Crawford into this district. •

By Mr Smith: Mr Grundy's school was a public one and Mr Crawford's a private one. Considered-he was liable at the end of the quarter for fees, Bills wero rendered either when the school entered anew term or immediately after. Mr Skipper applied for a non-suit on the ground that plaintiff must wait until the torm ended before he could recover for the quarter's tuition, ' His Worship said there was another view of the case. Plaintiff had put aside any right,he had to claim a quarters fees, which were stated to be due in accordance with common custom, by.having entered into a special contract with defendant to pay monthly. It was quite competent for him to make a special arrangement with one parent withont. its effecting his rights as regarded' the rest. If the contract was at all altered it became-a new contract, In this case a speoial arrangement had been made possibly to suit Mr Bagge, and possibly to suit Mr Crawford, at any rato it had' been made to pay monthly and therefore a quarter's fees oould notbe recovered. Plaiutiff would be nonsuited with costs 21s.