Albury Racecourse Act 1892 (NSW)

An Act for the purpose of enabling the Trustees of the Albury Racecourse to grant leases thereof to any Club; and to enable the Members of the Club to sue and be sued in the name of the Chairman of the Committee for the time being of the Club; and for other purposes. [29th March, 1892.]

WH E R E A S H e r Most Gracious Majes ty Queen Victoria , in t h e year of our Lord one

by deed-poll or g ran t from the Crown, bear ing date t h e

s ix th day of Apri l , in t he t w e n t y - e i g h t h year of t h e re ign of

thousand e ight hund red and s ixty- l ive ,under t he h a n d of His Exce l lency

Sir J o h n Y o u n g , t h e n Capta in-Genera l and Governor-in-Chicf of t h e Colony of New South Wales , and under the seal of t h e said Colony, all t h a t piece or parcel of land in t h e said Colony con ta in ing by admeasu remen t one hundred and forty-one acres, be t h e same more or less, s i tuated in t h e coun ty of Gou lbu rn and par ish of A l b u r y , be ing por t ion n u m b e r one hund red and sixty-seven : Commenc ing on the wes tern side of a road th ree chains and e ighty l inks wide a t t he south­ eastern corner of T. H a t c h ' s port ion th i r ty-seven ; and bounded thence on the n o r t h by the south boundary of t h a t por t ion and its wester ly prolongat ion, fo rming a south boundary of port ion thi r ty-eight , be ing in all a l ine bear ing west thir ty-five chains and twen ty - th ree l inks ; on t h e west by pa r t of t h e east boundary of por t ion th i r ty -e igh t aforesaid, be ing a lino bearing south forty chains and four l inks to a road one cha in wide ; on the south by tha t road dividing it from pa r t of 1). l l e id ' s por t ion th i r ty-s ix of one hund red and seventy acres, bear ing east th i r ty -

five chains and twen ty - th ree l inks to the f irst-mentioned r o a d ; and on

the east by t h a t road dividing it from E. Mitchel l ' s por t ion n ine ty -n ine

and E . Mi tche l l ' s por t ion one hundred , and from pa r t of W . Wise ' s

por t ion one hund red and one bear ing n o r t h for ty chains and four l inks to t he point of commencement , with al l t he r igh ts and appur tenances the re to belonging, was granted u n t o J a m e s Layton , R o b e r t Brown, W i l l i a m H u o n , Samuel Charles Va len t ine Nor th , and George Day , upon t rus t , in the i r discretion to pe rmi t and suffer t h e said land or a n y par t thereof to be used by such persons, c lubs , or associations, a t such t imes , and upon such t e rms and condit ions, as the said J a m e s Lay ton , Robe r t Drown, Wi l l i am H u o n , Samuel Charles Valent ino Nor th , and George Day , or any other t rus tees of the said land appointed as the re ­ inaf ter provided, should t h i n k fit and proper for any of t h e purposes

there inaf ter described ( tha t is to s a y ) —

F i r s t l y—As a racecourse, upon which horse-races m i g h t be run ,

unde r t he direction of any club or association t h e n exis t ing , or which m i g h t thereaf ter be founded for t h e purpose of

horse rac ing .

Secondly—As a t ra in ing g round for t he purpose of t r a in ing horses in t end ing to race.

Th i rd ly—As a cr icket ground, or place a t and upon which the game of cr icket m i g h t be played.

F o u r t h l y — A n d for any o ther publ ic a m u s e m e n t or purpose;

which his Excel lency t h e Governor for t he t ime be ing of t h e said Colony, w i th t he advice of the Execu t ive Council thereof, m a y f rom t ime to t ime declare to be a publ ic a m u s e m e n t or purpose for which the said land or any pa r t thereof should

or m i g h t be used. Provided

Provided always, and i t was thereby declared t h a t it should or m i g h t be lawful for t he t rus tees for t he t ime be ing of t h e said lands , for any of t h e purposes aforesaid, to m a k e all or any such rules and regula t ions for t h e use of t he said land, or any p a r t thereof, and to v a r y or a l ter

t h e same, from t ime to t ime , as t h e y m i g h t deem fit, for a n y of t h e

purposes a foresa id :  Provided always, a n d i t was the reby declared,

w h e n and so often as t h e said J a m e s Layton , R o b e r t Brown, W i l l i a m

H u o n , Samue l Charles Valen t ine Nor th , and George Day , or a n y t rus tees or t ru s t ee to be appoin ted by v i r tue thereof, should die, resign, cease to reside in t h e Colony of N e w South Wales , or become incapable to ac t in t h e t ru s t the reby created, i t should be lawful for t h e Governor for t h e t ime be ing of t h e said Colony, w i th the advice of t he Execu t ive Council thereof, from t ime to t ime , by wr i t ing unde r his hand , to n a m e and appoint a new t rus tee or t rus tees in t h e place a n d stead of any t rus tee or t rus tees so dying, res igning, ceasing to reside in t he said Colony of N e w South Wales , or becoming incapable of ac t ing in t h e said t rus t , a n d t h e r e u p o n the said lands should be con­

veyed and assured by the surv iv ing or con t inu ing t rus tee or t rus t ees ,

or by t h e he i rs of t he last surv iv ing t rus tee , the i r or his heirs or assigns, upon the t r u s t s and for t he interests a n d purposes here in­ before created, and declared of and concerning t h e said lands . A n d

whereas t h e said t rus tees have for m a n y years pas t p e r m i t t e d t h e

m e m b e r s of t h e A l b u r y P a c i n g C lub to have t h e use and en joyment of t h e said lands , for t he purpose of horse-racing, and t h e said A l b u r y R a c i n g Club has expended large sums of money in m a k i n g , forming , a n d improv ing a course for horses to r u n on, a n d a t a n gal lop for horses to t r a in on, a n d in erec t ing fences, s tands , a n d o ther bu i ld ings on t h e said l and in connect ion w i t h horse-racing. A n d whereas i t is desired to erect a new grand-s tand, and also a lawn, a n d genera l ly to pe rmanen t ly improve t h e said land, for t h e purposes of t he said A l b u r y R a c i n g Club, b u t no funds to ca r ry ou t such desire can be raised unless power to lease t h e said lands be g ran ted by Pa r l i amen t . A n d whereas i t is expedient t h a t power to lease t he said lands be conferred on t h e said t rus tees , and t h a t cer tain powers and privileges be g ran ted to t h e members of t h e said Albury R a c i n g Club, as hereinafter set forth : Be i t therefore enacted by t h e Queen ' s Mos t Exce l l en t Majes ty , by and wi th t he consent of t he Legis la t ive Council and Legislat ive Assembly of t h e Colony of New South "Wales in t he present Pa r l i amen t assembled, and by t h e au thor i ty of t he same, as follows :—

1. I n th is A c t —

The t e r m " G o v e r n o r " means the Governor w i th t he advice of

t he Execu t ive Council .

The t e r m " C l u b " means The A l b u r y R a c i n g Club or a n y o the r

Club or Association to w h o m any lands m a y be leased by the

Trustees unde r t h e provisions of th i s Act .

The t e r m " Commi t t ee" means t he commit tee for t he t i m e be ing

of t he club.

The t e r m " C h a i r m a n " means the person who is cha i rman for t he

t ime be ing of the commit tee .

The t e r m " Trus tees" means the t rus tees or t rus tee for t he t i m e

be ing of the A l b u r y Bacecourse , be ing the land comprised

in t he hereinbefore ment ioned Crown gran t .

The t e r m " J u s t i c e " means a Ju s t i ce of the Peace in and for the

Colony of N e w South Wales .

The t e r m " bu i ld ing " means any house, outhouse , s tand, booth ,

stable, shed, t en t , fence, or o ther bu i ld ing , edifice, or erection of any descr ipt ion whatsoever for the t ime be ing s tanding , or be ing upon any l and for t he t ime being vested unde r or by

v i r tue of th i s A c t in t h e cha i rman.

2,

2. It shall be l awfu l for the said trustees, and they are hereby authorized by wr i t i ng under their hands, to grant upon such t e r m s and conditions as to t hem shal l seem expedient to the said c lub, or to a n y other (dub or association now formed or w h i c h m a y hereafter be formed for the purpose of horse-racing, or for the purpose of p romot ing or e n g a g i n g in a n y other publ ic amusement or purpose for w h i c h it is intended the said lands should or m i g h t bo used as aforesaid, the exc lus ive r igh t to use and occupy the said lands or any par t or parts thereof, as the said trustees should in their dis­ cretion t h i n k fit, for any number of years not exceeding twenty-one years , c o m m e n c i n g from the t ime of s igning the ins t rument by w h i c h the said lands shall be demised, w i t h power also for the said trustees from t ime to t ime to renew any such lease for any further te rm not exceed ing twen ty-one years from the g ran t ing thereof, and wi th power also in any such lease, or any renewal or renewals thereof, to m a k e such stipulations wi th reference to any bui ld ings to be erected on the said lands or otherwise to the improvement thereof, as t hey m a y th ink proper.

3. Al l actions, suits, and proceedings a t law or in equi ty , for any cause, mat ter , or t h ing happen ing after this Act , to be commenced , inst i tuted, prosecuted, or carried on b y or on behal f of t he c lub , or where in t h e c lub is or shal l be in a n y w a y concerned agains t any person or persons, body or bodies, poli t ical or corporate, whe the r members or a member of the c lub or otherwise, or any dis­ tresses or proceeding to enforce paymen t of rent under any lease or leases, m a y be lawfully commenced , ins t i tuted, and prosecuted in the name of the chai rman as t h e nomina l plaintiff or peti t ioner for and on behal f of the c lub , and all act ions, suits, and proceedings as aforesaid to be commenced, insti tuted, or prosecuted against the c lub , or any of t h e members thereof as such, shall be commenced , inst i tuted, and prosecuted against the cha i rman as the nomina l defendant for or on behal f of the c lub or members , and in a l l indic tments and informa­ tions it shal l be lawful to s ta te the property of the c lub to be the pro­ per ty of the c h a i r m a n ; and any offence commit ted wi th any in tent to injure or defraud the c lub shall , and l awfu l ly may , in any prosecu­ tion for the same, be stated or laid to have been commit ted w i t h intent to injure or defraud the chairman, and any offender or olfenders m a y thereupon be l awfu l ly convicted of any such offence. I n a l l other charges or indic tments , informations, or other proceedings i t shall and m a y be laAvful and sufficient to state the name of such chairman,

shal l no t abate any such action, suit , or prosecution, bu t t h e same	and the death, resignat ion, removal , or other ac t of such cha i rman
m a y be cont inued and prosecuted and conc luded in t h e name of any person Avho m a y be or become the chairman.

4 . A memor ia l of the names of the cha i rman and of each of

the members of t h e commit tee respect ively , in t he form or to t h e effect set for th in t he Schedule to this Act , s igned b y such chairman, and verified upon oath b y the secretary or act ing-secretary for the t ime be ing of t h e c lub, shall be filed of record in t h e Supreme Cour t of New South "Wales wi th in one calendar m o n t h after the pass ing of this Act , and w h e n and so often as any chairman or member of the commit tee shal l be newly elected, a memor ia l of t h e n a m e of such n e w l y elected cha i rman or member in the same fo rm and to the same effect as the above-mentioned memoria l , signed and verified as afore­ said, shall in l ike manner be filed or recorded in the said Supreme Cour t wi th in one calendar month n e x t after every such chai rman or member shall be elected, and for al l purposes whatsoever the product ion of t h e memor ia l recorded as b y this A c t directed, or of an office copy
thereof, shal l be received as sufficient and conclus ive evidence in a l l

c Courts

Cour ts of Ju s t i ce , or before any person hav ing b y law or by consent of part ies au thor i ty to receive evidence of all m a t t e r s conta ined or set for th in such memoria l , nor shal l a n y proof be requi red of t he au thor i ty of t he person before w h o m t h e oath verifying t h e said memor ia l shal l appear to have been sworn to have adminis te red such oath .

5. U n t i l such memor ia l as hereinbefore is ment ioned shal l be

recorded in t h e m a n n e r herein directed no action, sui t , or other pro­ ceedings shal l be b r o u g h t by t he c lub or any of t h e m e m b e r s thereof

in t he n a m e of t he cha i rman under t h e au thor i ty of this A c t

0. E v e r y j u d g e m e n t and every decree or order which shal l be

a t any t ime after the pass ing of th is A c t obtained aga ins t t he c h a i r m a n on behalf of t he c lub, shal l and m a y t ake effect and be enforced, and

execut ion thereof issued against t he p roper ty and effects of t h e c lub .

7. I t shall be lawful for such cha i rman and his successors in office from t ime to t ime and at any t ime hereafter to accept t h e lease of and to hold by demise from t h e said t rus tees for t h e purposes of th is A c t t he said lands as aforesaid.

8. The lands comprised in t he hereinbefore reci ted Crown g ran t , a n d by th is Ac t author ised to be demised to t he cha i rman , shall be he ld b y h i m only for t h e purpose of be ing ma in ta ined and used for a publ ic racecourse, or for one or o ther purposes in t he said recited g ran t men t ioned unde r and subject to t h e provisions of th i s Act , a n d a n y by-laws to be m a d e unde r or by v i r tue hereof.

9. The commit tee m a y ma in t a in any bui ld ings now s tand ing

a n d being upon the said l and comprised in t he hereinbefore reci ted g r a n t or any p a r t thereof, and m a y also from t ime to t ime complete; or erect u p o n the said land, or any other l and for t h e t ime being vested in t he c h a i r m a n either in addit ion to or subst i tu t ion for t h e bui ld ings now s tanding thereon, all such other bui ldings as m a y in t he opinion of the majori ty of t he commit tee be necessary or expedient for or in connect ion wi th t he use of the said land as a publ ic racecourse.

10. The commit tee , or an absolute major i ty in n u m b e r of such

commi t t ee present a t any mee t ing , m a y from t i m e to t ime, subject to t h e special provisions of this Act , m a k e such by-laws as t hey m a y t h i n k fit for r egu la t i ng al l ma t t e r s concerned or connected wi th t h e l ands comprised in t h e hereinbefore recited g ran t , or any lands which m a y hereaf ter be vested in the cha i rman , and for t he protec t ion of t h e shrubs , t rees, and herbage growing upon t h e said lands , a n d for r egu la t i ng t he use and en joyment thereof, and t h e admission there to ,

or to any bui ld ings ur enclosures thereon , and the expulsion the re f rom of members of t h e c lub, or any other person or persons whomsoever , caus ing annoyance or inconvenience, and t h e ra tes or charges to be paid for such admission, and all o ther necessary by- laws for the general m a n a g e m e n t of the said racecourse, and m a y impose penal t ies on t h e b reach of any such by- law, not in a n y case to exceed the s u m of t en p o u n d s ; and m a y from t i m e to t ime, by any o ther by-laws, a l ter or repeal any such by- laws, provided t h a t no such by-laws be r e p u g n a n t to t he laws for t he t ime be ing in force in New South Wales , a n d every such by- law shall be reduced in to wr i t ing , and shall be signed

by	t h e	cha i rman .
1 1 . N o by-law made under t he au tho r i t y of this A c t shal l be of

any force or effect u n t i l t h e expirat ion of one m o n t h after t h e same or a copy thereof, signed b y the cha i rman , shal l have been sent to t h e Colonial Secretary of N e w South W a l e s for t he t ime be ing , and un t i l publ ica t ion here inaf ter ment ioned ; and a t any t ime wi th in t h e said per iod of one m o n t h t he Governor m a y disallow any such by-law,

wh ich shall n o t t h e n come in to operat ion.

12. E v e r y by- law shall , immedia te ly upon the expi ra t ion of

one m o n t h after the same shal l have been sent as aforesaid, if no t dis­ al lowed as aforesaid, be publ ished in the Government Gazette, toge ther w i th a not ice s ta t ing w h e n such by- law was sent to t h e Colonial Secretary, and t h a t such by- law has no t been disallowed, and such by- law shall come into operat ion from t h e da te of such publ icat ion.

13 .    One or more copies of all by-laws m a d e u n d e r th is Act , and

for t h e t ime be ing in force, shall be pa in ted on boards, or p r in t ed on paper , and posted in some conspicuous place or places, a t or near t h e pr inc ipa l en t rance to t h e said racecourse, or on t h e front or o ther conspicuous par t of t h e grand-s tand on the said racecourse.

14. Such by-laws, w h e n so posted and publ i shed as aforesaid, shall be b i nd ing upon and be observed by all part ies , a n d shall be sufficient to justify all persons ac t ing unde r the same, and t h e product ion of the copy of t h e Government Gazette con ta in ing any notification of such by-laws, or of a n y of t hem, shall be conclusive evidence t h a t such by- laws were duly made and not disallowed, and i t shall be p resumed t h a t such by- laws were duly posted and publ ished, u n t i l t he cont ra ry be shown.
15 . The Governor m a y a t a n y t ime by order declare t h a t from a t ime to be named in such order and not less t h a n six m o n t h s from t h e da te of the publ icat ion of such order in t h e Government Gazette, a n y by-law made under th is A c t shall be repealed, and from and after t h e t ime so named in such order such by-law shall, unless previously otherwise repealed u n d e r t he provisions here in contained, be absolutely repealed and of no effect: Provided always t h a t such repeal shall no t interfere w i th or affect any action, suit, prosecution, or o ther proceedings commenced before t he t ime of such repeal .

1G. A n y person offending against any by-law m a d e unde r th i s

Ac t shal l forfeit for every such offence any s u m not exceeding t en pounds , to be imposed by such by- law as a pena l ty for any such offence, and to be recovered by proceedings which m a y be t aken in a s u m m a r y way before any St ipendiary or Police Magis t r a t e or before any two Jus t i ces a t t he Cour t of P e t t y Sessions neares t to the place where t h e breach of such by-law was c o m m i t t e d : Provided t h a t in a n y proceedings wh ich m a y be t aken in t he recovery of any pena l ty imposed for flu* breach of any by-law, t he persons prosecut ing shall no t be called upon to define or prove the boundar ies of t he lands comprised in the hereinbefore ment ioned g ran t or of any other lands vested in t he said cha i rman , and coming wi th in t h e provisions of th is Act , where t h e	compla in ts form an act commit ted on such lands or any of t h e m ;
and if t he infract ion or non-observance of any such by-laws be a t tended
w i t h danger or annoyance to t h e pub l i c or h indrance to the commi t tee or any of t h e officers of t h e said c lub or t h e publ ic in t h e lawful use of t h e said racecourse, i t shall be lawful for t he commit tee , or a n y member , officer, or servant thereof summar i ly to interfere to obviate or remove such danger , annoyance , or h indrance , and t h a t w i t h o u t prejudice to any pena l ty incurred by t h e infract ion of any such by-law.
17. Whosoever shal l wilfully obs t ruct or impede any officer, servant , or agen t of t h e commit tee in t he execut ion of his d u t y upon any l and leased unde r th i s Ac t for t h e t ime be ing vested in t he chair­ man , or u p o n or in any bui ld ing or premises thereon, or remove or wilfully in jure any bui ld ing, enclosure, post, t ree, or sh rub upon a n y such land shall , on conviction thereof before any St ipendiary or Police Mag i s t r a t e or any two Jus t i ces , forfeit and pay for every such offence,
over and above t h e a m o u n t of t he in jury done, any s u m no t exceeding
t e n pounds .

18 .    A n y m e m b e r or officer or servant of t he commit tee and al l

persons called by h im to his assistance m a y seize and detain any person

who

who shall have commi t t ed any offence aga ins t t he provisions of th i s A c t or by-laws made unde r this Act , and whose n a m e and residence shall not be given to such member , officer, or servant upon his r equ i r ing same to be given, and give such offender in charge to a police constable, who shall convey h im wi th all despatch before some J u s t i c e w i t h o u t

any w a r r a n t	or au tho r i t y o ther t h a n th is Act , to be	dealt w i th	according
to law.

10. N o t w i t h s t a n d i n g t h e l iabil i ty of any person to any pena l ty

unde r t he provisions of this A c t or by-laws m a d e thereunder , he shal l no t be relieved from any o ther l iabil i ty to w h i c h he would h a v e been subject if th is A c t had not been passed.

20. The commit tee or a major i ty of t h e m m a y by any by- law to be made a n d come into operat ion as hereinbefore provided, f rom t ime to t i m e prescribe, and vary a t p leasure the scale of tolls and charges to be levied or t aken for admission to any lands leased unde r t h i s Ac t and for t h e t i m e be ing vested in t he cha i rman, or to any bu i ld ing s tand ing or be ing thereon , and t h e conditions for such admission, a n d m a y demand , sue for, recover, and receive such tolls a n d charges from any person coming upon such l and or in to or u p o n any

such bui ld ing .

2 1 . The cha i rman m a y demise for any par t icu la r race mee t ing

or mee t ings , or for any o ther a m u s e m e n t or sport , t h e whole or any por t ion of t he lands for t he t ime be ing vested in h im, or any bu i ld ing erected thereon, or all or any of t he tolls or charges demandable unde r a n d by v i r tue of this A c t ; and the lessee, his collectors, servants , and agents shall have t he same powers of demanding , recovering, a n d receiving the said tel ls a n d charges as are hereby given to t he commit tee .

22.    N o t h i n g here in contained shall ex tend or be deemed, t aken ,

or considered to ex tend to incorporate t h e c lub, or the member s
thereof, or to relieve or to discharge t h e m or any of t h e m from any

responsibil i ty, debts , contracts , or obligations whatsoever which t hey would be subject or l iable to, e i ther be tween t h e c lub and others, or be tween the individual m e m b e r s of t he c lub or any of t h e m if this Ac t had not been passed.

SCHEDULE,

Club,

recorded in the Supreme Court of New South "Wales pursuant to an Act of Parliament	MEMOUIAL of the names of the chairman and of the committee of the Club to bo
of the said Colony passed in the fifty-fourth year of the reign of Her Majesty Queen Victoria.

A.B. Chairman.

C D.
E F. Committee.

&c

(Signed) A.B., Chairman.

I, of make oath and say—

1. I am the Secretary (or acting-secretary) of the Club.

2. The above memorial is correct in all its particulars and was duly signed by

, the abovenamed chairman in my presence.

Sworn this day of

A n