An Act for t h e purpose of enabling* the Trus tees of t h e H a w k e s b u r y Racecourse to g r a n t Leases thereof; and to enable the M e m b e r s of t he H a w k e s b u r y Race Club to sue and be sued in t he n a m e of t he C h a i r m a n of t he Commit tee for t h e t ime be ing of t h e said Club ; and for o ther pur
| poses. | [19th December, | 1890.] |
| WH E R E A S | of our re ign, in t he year of our Lord one thousand e ight h u n d r e d |
| by deed-poll or g ran t from t h e Crown, bear ing | date |
| t h e | twen ty - seven th day of J u l y , in | t he | for ty-seventh | year |
| and | e igh ty - th ree , | u n d e r | t h e | h a n d | of | H i s | Exce l l ency | Sir | A u g u s t u s |
W i l l i a m Frederick Loftus (commonly called Lord A u g u s t u s Lof tus) , t h e n Governor and Commander- in-Chief of t h e Colony of NEW Sou th Wales , and unde r t he seal of t h e said Colony, all t h a t piece or parcel of l and in t he Colony of N e w South W a l e s conta in ing by admeasure m e n t two hund red acres, be t h e same more or less, s i tuated in t h e county of Cumber land , par ishes of Saint M a t t h e w a n d H a m C o m m o n :
| Commenc ing on t h e left b a n k of t he Chain of Ponds or | R i ckaby ' s |
Creek a t t h e south-eastern end of t h e nor th -eas te rn boundary- l ine of port ion fifteen -of four acres, parish of Saint M a t t h e w ; and bounded thence on t h e south-west by t h a t boundary- l ine t h e end of a road one chain wide a n d the nor th -eas te rn boundar ies of por t ions four teen,
| th i r teen , twelve, eleven, ten, n ine , e ight , seven, and six of | five | acres |
each, par ish of Saint M a t t h e w , and the nor th -eas t e rn boundary of port ion five of four acres two roods twenty-one perches, in all bea r ing no r th fifty degrees west fifty-two chains forty-six l i n k s ; on t h e no r th west by par t of t he south-eas te rn boundary of a measured por t ion of th i r ty -one acres two roods bear ing no r th fifty-five degrees fifteen
| minu te s east | th ree chains n ine l i n k s ; | again on the south-wes t b y t h e |
| nor th-eas te rn | boundary | of | t h a t | por t ion | bear ing | no r th | th i r ty -e igh t |
degrees t w e n t y m i n u t e s west twenty-s ix chains seventy-nine l i n k s ; aga in on t h e nor th -west by a road one chain wide and a l ine in all bea r ing n o r t h fifty-three degrees forty minu te s east twenty-e igh t chains s ix ty- three l inks ; on p a r t of t h e nor th -cas t by lines a long t h e south-western boundary fence of the ra i lway bear ing south s ix ty-e ight degrees t en m i n u t e s east four chains forty-six l inks sou th seventy
| degrees t e n m i n u t e s east two chains seventy-eight | l inks south seventy- |
two degrees twenty-five m i n u t e s cast one cha in seventy l i n k s ; and thence by par t of the south-western bounda ry of W i l l i a m Ezzys ' one h u n d r e d and th i r ty acres bear ing south twen ty -n ine degree's forty
| m i n u t e s | east | abou t | fifty | chains to t h e | Cha in of Ponds | or | R i c k a b y ' s |
C r e e k ; and on t h e remainder of t h e nor th-eas t and on the south-eas t b y t h a t Cha in of Ponds or creek upwards to t h e point of commence men t , w i t h all t h e r igh t s and appur t enances the re to belonging, was
| g ran ted | u n t o | Ben jamin | Richards , | Andrew | Town, | H e n r y | M ' Q u a d e , |
| W i l l i a m | Gosper, W i l l i a m | Dargin , | J o h n | H e n r y | Crowley, and | Thomas |
R icha rds , jun ior , u p o n t rus t in the i r discretion to pe rmi t and suffer t he said land or any pa r t thereof to be used by such persons, c lubs , or associations a t such t imes and upon such t e rms a n d condi t ions as t h e said Benjamin Richards , A n d r e w Town, H e n r y M ' Q u a d e ,
| W i l l i a m | Gosper, | Wi l l i am | Darg in , | J o h n | H e n r y | Crowley, | a n d | Thomas |
Richards , jun ior , or o ther t h e t rus tees of t h e said land appointed as thereinaf ter provided should t h i n k fit a n d proper for any of t he
| purposes there inaf ter | described | ( tha t is to s a y ) — |
| F i r s t l y — A s | a | racecourse | u p o n | w h i c h | horse-races m i g h t | be | r u n |
| unde r | t he | pro tec t ion | of | any | c lubs | or | associations | t h e n |
| exis t ing, or wh ich | m i g h t | thereaf ter | be founded for | the |
purpose of horse-racing.
| Secondly—As a t r a in ing -g round for | the purpose of t r a in ing horses |
| i n t e n d i n g | to | race . |
| Th i rd ly—As a cr icket g round , or place a t and upon which | t h e |
| g a m e of | cr icket | m i g h t | be p layed. |
| F o u r t h l y — A n d | for a n y | o ther | publ ic | a m u s e m e n t | or | purpose | for |
| wh ich t h e said lands or any p a r t thereof | should or m i g h t | be |
| used. |
| Provided | always, and i t was the reby declared t h a t i t should or m i g h t |
be lawful for t he t rus tees for t h e t ime be ing of t h e said lands for a n y of t he purposes aforesaid to m a k e all , any, or every such rules and regula t ions for t h e use of t h e said land, or any p a r t thereof, and to va ry or a l t e r t h e same from t ime to t i m e as t h e y m i g h t deem fit for
| any of t h e purposes aforesaid. | Provided always, and i t was the reby |
| declared when , a n d | so often | as t h e | said Benjamin R icha rds , A n d r e w |
| Town, | H e n r y | M ' Q u a d e , | W i l l i a m | Gosper, | W i l l i a m | D a r g i n , | J o h n | H e n r y |
Crowley, and Thomas Richards , jun ior , or any t rus tees , or t rus tee , to be appoin ted by v i r tue thereof should die, res ign, cease to reside in t h e Colony of N e w South W a l e s , or become incapable to ac t in t h e trust t h e r eby created, it should be lawful for t h e Governor for t h e t i m e be ing of t he said Colony, w i t h t h e advice of t h e E x e c u t i v e Council thereof, f rom t i m e to t i m e b y writing u n d e r his hand , to n a m e and appoin t a new t rus tee or t rus tees in t h e place and stead of any t rus tee or t rustees so dy ing , 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 trust, and t h e r e u p o n the said lands should be conveyed and assured b y the surviving or con t inu ing t rus t ee or t rus tees , or b y t he
| heirs of t h e last su rv iv ing t rus tee , the i r or his heirs or assigns | upon |
| t h e t rus t s , and for t h e i n t en t s and | purposes | thereinbefore | created | a n d |
| declared of and concern ing t h e said lands . | A n d | whereas J o h n | H e n r y |
| Crowley, one of | t h e t rus tees hereinbefore ment ioned, hav ing | depar ted |
| th is life, A lexande r | Benson, of R i c h m o n d , | Esqui re , was | du ly | appoin ted |
| a t rus tee in his place and stead. | A n d whereas A n d r e w Town, ano the r |
| of | t h e said t rus tees , la te ly | depar ted | th i s | life, and | t h e said | B e n j a m i n |
R icha rds ,
| H e n r y | M c Q u a d e , | W i l l i a m | Gosper, | W i l l i a m | Darg in , |
Thomas R icha rds , junior , a n d Alexande r Benson are now t h e only
| t rus tees of t h e said lands . | A n d | whereas on t h e thir ty-f irs t | day of |
| December , one t housand e ight | hund red a n d | e ighty-n ine , i t | was |
| notified in | t h e | Government | Gazette | of | t h a t da te , n u m b e r | six h u n d r e d |
a n d n ine ty , for publ ic information, t h a t t he t rus tees of t h e l and hereinbefore described should be k n o w n by t h e corporate n a m e of " T h e Trus tees of t he H a w k e s b u r y Racecourse , " such n a m e h a v i n g
| been | approved | b y | H i s | Exce l l ency | t h e | Governor in Counci l . | A n d |
| whereas the said t rus tees have for | some years pas t pe rmi t t ed t he |
member s of t h e H a w k e s b u r y R a c e Club to have t h e use and enjoy m e n t of t he said l and for t h e purpose of horse-racing, and the said H a w k e s b u r y R a c e Club have expended large sums of money in m a k i n g , forming, and improving a course for horses to race on a n d a tan gallop for horses to t r a in on, and in erect ing fences, s tands, a n d o ther bui ldings on t h e said land in connect ion wi th horse-racing. A n d whereas t he said H a w k e s b u r y R a c e Club are desirous of erect ing other p e r m a n e n t improvements OIL the said land and have; applied to the said t rus tees for a lease thereof, which the said t rus tees are
wil l ing
wil l ing to g ran t . A n d whereas i t is desirable t h a t power shal l be given to t h e said t rus tees to g r a n t a lease of t he said lands in m a n n e r hereinaf ter ment ioned . A n d whereas t h e member s of t h e said c lub are desirous of ob ta in ing au thor i ty , if occasion arise, to bor row money for t he purpose of improv ing the said lands a n d of ob ta in ing the powers and privileges hereinaf ter g r a n t e d : Be i t therefore enacted b y t h e Queen 's Most Exce l len t Majes ty , by and wi th t h e consent of t h e Legislat ive Council and t h e Legislat ive
| Assembly of t he Colony of N e w South Wales in th i s present | Par l ia |
| m e n t assembled, and by t h e a u t h o r i t y of | t h e same, as follows :— |
| 1. | This A c t m a y be cited for all purposes as t h e | " H a w k e s b u r y |
Racecourse A c t of 1890 ."
The t e r m " Governor " means t h e Governor, wi th t he advice of
| t h e | Execu t i ve | Council . |
| The t e r m | " Lessee " means any person, c lub , or association, o ther |
| t h a n | the | H a w k e s b u r y | P a c e | Club . |
| The t e r m | " C l u b " | means t he H a w k e s b u r y Race Club, or any o ther |
race c lub to which t h e course and premises m a y be leased by
| The t e r m | " Commi t t ee" | means t he commit tee for t h e t ime being |
of the c lub .
| The t e r m | " C h a i r m a n " | means t he person who is cha i rman for | t h e |
| t ime being of t h e | commi t tee . |
| The | t e r m | " T r u s t e e s " | means t h e | t rus tees | for | t h e | t ime | be ing | of |
| t h e | H a w k e s b u r y | Racecourse . |
| The t e r m | " J u s t i c e " | means a Jus t i ce of | t he Peace in and for | t h e |
| Colony of N e w | Sou th | W a l e s . |
The t e rm " bu i l d ing" means any house, outhouse , s tand, booth, stable, shed, t en t , fence, or o ther bui ld ing, edifice, or erection of any descript ion whatsoever for the t i m e be ing s tand ing or be ing upon any land for t h e 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 . |
3. I t shall and m a y be lawful for t h e said t rus tees , and t h e y are hereby author ized by wr i t ing unde r the i r hands , to g ran t to t h e said c lub or to any other lessee u p o n such t e rms and conditions as to t h e m shal l seem expedient t h e r igh t to use and occupy t h e said lands or any p a r t or par t s thereof as t h e said t rus tees shall in thei r discret ion t h i n k fit, for t he purpose of horse-racing and for t he purpose of p romot ing or engag ing in any other publ ic a m u s e m e n t or purpose
| for which it is in tended the said lands should or m i g h t be used, for |
| any t e r m n o t exceeding twen ty -one years , commenc ing from | t h e | t ime |
| of s igning t h e i n s t r u m e n t by which the | said lands or any par t | thereof |
shal l be demised, w i t h power also for t he said t rus tees from t ime to t i m e to renew any lease, and wi th power also in any lease or in any renewal thereof to m a k e such st ipulat ions for t h e use of t he said lands or any bui ld ings erected or to be erected thereon as m a y be available for t h e purposes aforesaid.
4 . Al l act ions, suits , and proceedings a t law or in equi ty for any cause, ma t t e r , or t h i n g h a p p e n i n g after this A c t to be commenced , ; ins t i tu ted , prosecuted, or carried on by or on behalf of t h e said c lub, or where in t h e said club is or shal l be in any way concerned, agains t any person or persons, body or bodies, polit ical or corporate, w h e t h e r member s or a m e m b e r of the c lub or otherwise, m a y be lawful ly commenced, ins t i tu ted , and prosecuted in t h e n a m e of t h e cha i rman as t h e nomina l plaintiff or pe t i t ioner for and on behalf of t h e c lub, and all act ions, suits and proceedings as aforesaid to be commenced , ins t i tu ted , or prosecuted aga ins t the c lub, or any of t h e m e m b e r s thereof as such, shall be commenced, ins t i tu ted , and prosecuted agains t
t h e
| t h e cha i rman as t he nomina l | defendant , for and on behalf of t h e c lub |
| or member s , and in al l ind ic tments a n d informat ions i t shal l be | lawful |
| to s ta te t h e proper ty of t he c lub to be t he | p roper ty of such | cha i rman , |
a n d a n y offence commit ted wi th a n y i n t en t to in jure or defraud the club shall, a n d lawfully m a y in any prosecut ion for t h e same, be s ta ted or laid to have been commi t t ed w i t h i n t e n t to injure or defraud t h e said cha i rman, and any offender or offenders m a y the reupon be lawfully convicted of any such offence. I n all o ther charges or ind ic tmen t s , informat ions , or o ther proceedings, i t shall and may be lawful and sufficient to s ta te t h e n a m e of such cha i rman , and t h e death, res igna
| t ion, removal , or other ac t of such cha i rman shal l no t | abate any | such |
act ion, suit , or prosecut ion, b u t t h e same may be cont inued and prosecuted a n d concluded in the n a m e of any person who may be or
| become t h e | cha i rman . |
5. A memor ia l of t h e names of t h e c h a i r m a n and of each of the m e m b e r s of t h e commi t tee respectively, in t he form or to t h e effect set for th in t h e Schedule to this Ac t , s igned by such cha i rman and verified u p o n oath by t h e secretary or act ing-secretary for t h e t ime be ing of
| t h e said c lub, shal l be filed of record in t h e Supreme Cour t of | New |
| South W a l e s w i th in one calendar m o n t h after t he passing of this | A c t ; |
and w h e n and so often as any cha i rman or m e m b e r of t h e commit tee shal l be newly elected, a memor ia l of t h e n a m e of such newly elected cha i rman or member , in the same form and to t h e same effect as t h e above-ment ioned memoria l , s igned and verified as afore said, shal l in l ike m a n n e r be filed or recorded in the said Supreme Cour t w i th in one ca lendar m o n t h n e x t after every such cha i rman or m e m b e r shal l be elected, and for all purposes whatsoever t h e product ion of t he memor ia l recorded as by th is A c t directed or of a n office copy thereof shall be received as sufficient and conclusive evidence in all Cour ts of Jus t i ce , or before any person hav ing by law or by consent of par t ies au thor i ty to receive evidence of all ma t t e r s contained or set for th in such memoria l , nor shall any proof be requ i red of t he au thor i ty of the person before w h o m the oath verifying t h e said memor ia l shall appear to have been sworn to have adminis tered such oath .
| 6. U n t i l such memoria l as hereinbefore | is ment ioned , shall be |
| recorded in t h e m a n n e r herein directed, no action, suit , or other | pro |
| ceedings shall be b rough t by t he c lub or any of t he member s | thereof |
| in t he n a m e of t he cha i rman under t h e au thor i ty of th is | Act . |
| 7. E v e r y | j u d g m e n t , and every | decree or order, which shall be |
| a t a n y t ime after the passing of this Ac t obtained aga ins t t he m a n on behalf of t he c lub, shal l and m a y t ake effect and be enforced, chair | and execut ion thereof issued agains t the proper ty and effects of t he c lub. |
| 8. I t shall be lawful for such chai rman, and his successors in office from t i m e to t ime, and at any t ime hereafter to purchase any lands on behalf of the c lub, or to accept t h e lease of and to hold by demise from the said t rus tees for t he purposes of th is A c t t he said lands as aforesaid, or from any other person any other lands i t m a y bo |
| t h o u g h t | desirable to | lease. | |
| 9. Al l lands, tenements , and | hered i taments , chat te ls , real | and |
all personal cha t te l s and effects which arc now vested in, or held by any person or persons whomsoever in t r u s t for, or for t he benefit of t he c lub or t h e m e m b e r s thereof shall , immedia te ly upon the passing of this Act , w i t h o u t any fu r the r assurance, become and be vested in a n d be held by the c h a i r m a n in t r u s t for t h e club in l ike m a n n e r as if such cha i rman was in law a corporation sole, and as if t he personal ty were rea l e s t a te ; and all real and personal proper ty which m a y here after be contracted for or be acqui red by, or be long to t h e c lub or to t he member s thereof collectively, m a y be conveyed, assigned, and
assured
assured to , a n d shal l therefrom become vested in t h e c h a i r m a n in trust for t h e c lub in t he l ike m a n n e r as if such cha i rman was in law a corpora t ion sole, a n d as if t he personal ty were real estate.
10 . The lands comprised in t he hereinbefore reci ted Crown g ran t , and by th is A c t author ized to be demised shall be held only for t h e purpose of be ing main ta ined and used for a publ ic racecourse, or for one or o ther of t he purposes in t h e said recited g ran t ment ioned under and subject to t he provisions of th is Act , and any by- laws to be made under or by v i r tue hereof.
| 1 1 . | The commi t t ee m a y main ta in | a n y bui ld ings now | s tand ing |
and be ing upon t h e said land 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 upon the said land, or any o ther land for t h e t ime be ing vested in t he cha i rman ci ther in addi t ion to or subst i tu t ion for t h e bui ldings
| now s t and ing thereon , all such other | bu i ld ings as m a y in t h e opinion |
| of t h e major i ty of t h e commi t tee be necessary or expedient | for, or in |
connect ion w i t h t h e use of t h e said land as a publ ic racecourse.
12. The commi t t ee or an absolute majori ty in n u m b e r of such commit tee p resen t a t a n y meet ing , m a y from t ime to t ime subject to the special provisions of th is Act , m a k e such by-laws as t h e y m a y think fit for r egu la t ing all m a t t e r s concerned or connected wi th t h e l ands comprised in t he hereinbefore reci ted gran t , or any lands Avhich may hereafter be vested in the said cha i rman, and for t he protect ion of t h e shrubs , trees, and herbage growing upon the said lands, and for r egu la t ing t he use and enjoyment thereof, and the admission there to , and the expuls ion there f rom of members of t h e c lub, or any o ther person or persons whomsoever caus ing annoyance or inconvenience, and t h e rates 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 t h e said racecourse, and m a y impose penal t ies on t h e breach of any such by-law, not in any case to exceed the sum of ten pounds ; and m a y from t ime 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 h e laws for the t ime be ing in force in