KELLY v. THE MAYOR, ETC., OF FITZROY

29 VLR 604·MADDEN, C.J., HODGES, and HOOD, JJ.
29 VLR 604
29 VLR 604
KELLY v. THE MAYOR, ETC., OF FITZROY Supreme Court of Victoria (Full Court) MADDEN, C.J., HODGES, and HOOD, JJ. March 8, 09 March 1904 The Local Government Act 1890 (No. 1112), ss. 246, 277 — The Local Government Act 1891 (No. 1243), ss. 56, 60 — Rateability — Premises used as primary school — Exclusive use — Notice of appeal, rates — Amendment of notice of appeal — New case raised — Justices Act 1890 (No. 1105), s. 185 .

The appellant was rated in respect of buildings which were used by day as a primary free school. The buildings were, however, used almost every night for concerts and meetings of societies connected with the church which had the conduct of the school classes. No charges were made by the appellant for such use.

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