Murrumbidgee Turf Club Act of 1876 No mtc (NSW)

A N N O Q U A D R A G E S I M O

VICTOBI iE B E G I N S .

An Act to enable the Trustees of certain land at Wagga Wagga in the Colony of New South Wales dedicated for purposes of public recreation to grant leases thereof and to enable the Members of the Mur- rumbidgee Turf Club to sue and be sued in the name of the Chairman for the time being of the Committee and for other

purposes. [13th July, 1876.]

WHEREAS by deed poll or grant from the Crown bearing date the tenth day of September in the year of our Lord one thousand	eight hundred and sixty-six under the hand of His Excellency Sir
John Young then Governor-in-Chief of the Colony of New South
Wales and under the seal of the said Colony all that piece or parcel of land in our said Colony containing by admeasurement one hundred and sixty-one acres be the same more or less situated in the county
of Wynyard parish of Wagga Wagga South at Wagga Wagga por­
tion two hundred and nine Commencing at the westerly intersection of Beckwith and Kincaid streets and bounded thence on the south­ east by Kincaid-street south-westerly thirty-nine chains and twenty-
four links on the south-west by the north-eastern boundaries of
portions two hundred and six two hundred and seven two hundred and eight and two hundred and ten being in all a line bearing north thirty degrees thirty-seven minutes west forty-two chains and seventy links to a road three chains wide on the west by that road bearing north four chains and thirty links on the north by that road bearing north seventy-two degrees forty-two minutes east twenty-five chains and twenty-five links and thence south eighty-two degrees thirty-
four minutes east fifteen chains and eighty-eight links to Beckwitlh
street and on the north-east by that street south-easterly thirty chains and fifty links to the point of commencement with all the rights and appurtenances thereto belonging was granted unto Thomas Wardle Hammond Edward Charles Pearson and Henry Wallace Esquires of Wagga Wagga their heirs and assigns To hold unto the said Thomas
Wardle Hammond Edward Charles Pearson and Henry Wallace their
heirs and assigns upon trust in their discretion to permit and suffer the said land or any part thereof to be used by such persons clubs or associations at such times and upon such terms and conditions as the said Thomas Wardle Hammond Edward Charles Pearson and Henry
Wallace or any other trustees of the said land appointed as thereinafter provided should think fit and proper for any of the purposes therein­
after described that is to say

the direction of any club or association now existing or which
may hereafter be founded for the purpose of horse-racing. Secondly.

Firstly. As a racecourse upon which horse races may be run under

Secondly. As a training-ground for the purpose of training horses intended to race.

Thirdly. As a cricket ground or place at and upon which the

game of cricket may he played.

Fourthly. And for any other public amusement or purpose which
his Excellency the Governor of the said colony for the time

being with the advice of the Executive Council thereof may from time to time declare to be a public amusement or

purpose for which the said land or any part thereof shall or may be used Provided always and it was thereby declared that it should or might be lawful for the trustees for the time being of the said land for any of the purposes aforesaid to make all any or every such rules and regulations for the use of the said land or any part thereof and to vary or alter the same from time to time as they might think fit or proper

for any of the purposes aforesaid Provided always and it was

thereby declared that when and so often as the said Thomas

Wardle Hammond Edward Charles Pearson and Henry Wallace or any trustee or trustees to be appointed by

virtue thereof should die resign cease to reside in the Colony of New South Wales or become incapable of acting in the trusts thereby created it should be lawful for the Governor

for the time being of the said colony with the advice of the Executive Council thereof from time to time by writing under

his hand to name and appoint a new trustee or trustees in the place and stead of any trustee or trustees so dying resigning ceasing to reside in the said Colony of New South Wales or becoming incapable of acting in the said trusts and thereupon the said land should be conveyed and assured by the sur­

viving or continuing trustee or trustees or by the heirs of the
last surviving trustee their or his heirs or assigns upon the trusts and for the intents and purposes therein before created and declared of and concerning the said land

And whereas the said trustees have for some years past permitted the
members of the Murrumbidgee Turf Club to have the use and enjoy­ ment of the said land for the purpose of horse-racing And the said club have expended large sums of money in making forming and

improving a course for horses to race on in sowing grasses planting

trees and in erecting fences stands and other buildings on the said land

in connection with horse-racing And whereas the said club are	desirous of erecting and maintaining other substantial improvements
on the said land which will require a large outlay of money And in order to enable them to raise money for such improvements it is necessary that the said trustees should be empowered to grant leases
of the said land to the said club in manner hereinafter mentioned
And the said trustees are desirous of obtaining such authority for the
said purpose And the members of the said club are likewise desirous of obtaining such powers and privileges as are hereinafter conferred
Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales and by the authority of the same as follows :—

1. I t shall be lawful for the said Thomas Wardle Hammond

Edward Charles Pearson and Henry Wallace or other the trustees for

the time being of the hereinbefore recited grant and they are hereby authorized by writing under their hands upon such terms and conditions as to them shall seem expedient to demise in manner hereinafter men­ tioned to the said Murrumbidgee Turf Club the said land or any part

or parts thereof as the said trustees shall in their discretion think fit for

any

any number of years not exceeding twenty-one years commencing from the date of the execution of the lease with power from time to time to renew any such lease for any further term not exceeding twenty- one years from the like date and with power also in any such lease or renewal to make such stipulations with reference to any buildings to be erected on the said land as they may think proper.

2. A l l actions suits and proceedings at law or in equity for any
cause matter or things happening after this Act instituted by or on

behalf of the said club or wherein the said club is or shall be in any way concerned may be lawfully commenced and carried on in the

name of the chairman of the said club for the time being as the nominal plaintiff complainant or petitioner for and on behalf of the club and all actions suits and proceedings as aforesaid to be com­ menced instituted or prosecuted against the club or any of the mem­ bers thereof as such shall be commenced instituted and prosecuted against the chairman as the nominal defendant for and on behalf of the club or members and in all indictments and informations it shall be

lawful to state the property of the club to be the property of such

chairman and any offence committed with intent to injure or defraud the club shall and lawfully may in any prosecution for the same be stated or laid to have been committed with intent to injure or defraud the said chairman and any offender or offenders may thereupon be

lawfully convicted of any such offence And the death resignation or removal or other act of such chairman shall not abate any such action

suit or prosecution but the same may be continued and prosecuted in
the name of the chairman for the time being.

3. A memorial of the names of the chairman and of each member of the committee respectively in the form or to the effect set forth in the schedule to this Act signed by such chairman and by a

majority of the committee shall be recorded upon oath in the

Supreme Court within one calendar month after the passing of this

Act and when and so often as any chairman or member of committee

shall be newly elected a memorial of the name of such newly-elected chairman or member in the same form and to the same effect as the above-mentioned memorial signed by such newly-elected chair­ man or member and by a majority of the committee at the time of such election shall in like manner be recorded upon oath at the said Supreme Court within one calendar month next after every such chairman or member shall be elected and for all purposes whatsoever the production of the memorial recorded as by this Act directed or of an	office or examined copy thereof shall be received as sufficient and	conclusive evidence in all Courts of Justice or before any person having
by law or by consent of parties authority to receive evidence of all
matters contained or set forth in such memorial and that the members
of committee who signed such memorial formed a majority of the
committee at the respective times aforesaid nor shall any proof be
required of the authority of the person before whom the oath verifying the said memorial shall appear to have been sworn to administer such oath.
4. Until such memorial shall be recorded in the manner herein­ before directed no action suit or other proceeding shall be brought by
the club or any of the members thereof in the name of the chairman of the committee of the club under the authority of this Act.
5. Every judgment and every decree or order which shall be at any time after the passing of this Act obtained against the chairman on behalf of the club shall take effect and may be enforced and execution thereon be issued against the property and effects of the club subject nevertheless as it respects any such demised land to the provisions hereinafter contained.

C.

6. I t shall he lawful for such chairman and his successors in

office from time to time to purchase any lands on behalf of the said

club or to accept a lease of and to hold by demise from the said trustees for the purposes of this Act the said lands so granted as aforesaid or from any other persons any other lands which it may be thought desirable to lease and the powers in this section contained may be exercised cumulatively or otherwise as occasion may require.

7. Al l lands tenements and hereditaments and all chattels and

effects which are now vested in or held by any person or persons whom­
soever in trust for or for the benefit of the club or the members

thereof shall immediately upon the passing of this Act become and be

vested in and held by the chairman and his successors in such office in

trust for the club and all lands tenements and hereditaments and all

chattels and effects which may hereafter be contracted for or be acquired by or belong to the club or the members thereof collectively may be conveyed assigned and assured to and shall therefrom become vested in the chairman and his successors in such office in trust for the club.

8. The lands by this Act authorized to be demised to the chair­ man shall be held by the chairman and his successors in office and by
all persons claiming any interest therein under this Act or otherwise only for the purposes in the said deed of grant mentioned and subject

to the provisions of this Act and any by-laws to be made by virtue

hereof.

9. The committee may maintain any building now standing and

being upon the said land so to be vested in the chairman or any part thereof and may also from time to time build or erect upon the said

land or any other land for the time being vested in the chairman either in addition to or substitution for the buildings now standing thereon

all such other buildings as may in the opinion of the committee be

necessary or expedient for or in connection with the use of the said
land as a public racecourse.

10. The committee or a majority in number of such committee present at any meeting may from time to time subject to the special

provisions of this Act make such by-laws as they may think fit for
regulating all matters concerning or connected with any lands autho­
rized by this Act to be leased to the said chairman on behalf of the

club or any lands which may hereafter be vested in the chairman of the said committee and the admission thereto and expulsion therefrom of members of the club or any persons respectively and. the rates or charges

to be paid for such admission and for the general management of the	said racecourse and may from time to time by any other by-laws alter
or repeal any such by-laws Provided that no such by-laws be repugnant
to the laws for the time being in force in New South Wales and
every by-law shall be reduced into writing and shall be signed by the
chairman.
11. No by-law made under the authority of this Act shall be of any force or effect until the expiration of one month after the same or a copy thereof signed by the chairman shall have been transmitted to the Colonial Secretary of New South Wales for the time being and until publication as hereinafter mentioned and at any time within the said
period of one month the Governor with the advice of the Executive Council may disallow any such by-law.
12. Every by-law shall forthwith on the expiration of one month after the same shall have been so transmitted as aforesaid if not disallowed within that time be published in the Government Gazette together with a notice stating when such by-law was so trans­ mitted and that such by-law has not been disallowed and such by-law shall come into operation upon such publication.

13. The production of a copy of the Government Gazette con­ taining any such by-law and notice as aforesaid shall be conclusive

evidence that such by-law was duly made and was not disallowed.

14. The Governor with the advice of the Executive Council may at any time by order in Council declare that from a time to be named in such order and not less than six months from the date of the publication of such order in the Government Gazette any by-law made under this Act shall be repealed and from and after the time so named in such order such by-law shall unless previously repealed under the provi­

sions herein contained be absolutely repealed and of no effect Provided always that such repeal shall not interfere with or affect any action suit
prosecution or other proceeding commenced before the time of such repeal but the same shall be continued as if no repeal had taken place.

15. A copy of all by-laws made under this Act for the time
being in force shall be painted on boards or printed on paper and

posted on boards and hung up and affixed and continued in some con­ spicuous place at or near the principal entrance to the said racecourse and also on the front or other conspicuous part of the grand stand on the said racecourse so as to give public notice thereof to the parties interested therein or affected thereby and such boards shall from time to time be renewed as often as the by-laws thereon or any part thereof shall be obliterated or destroyed and no penalty imposed by any such

by-law shall be recoverable unless the same shall have been published

and kept published in manner aforesaid.

16. Such by-laws when so published and affixed shall be binding upon and be observed by all parties and shall be sufficient to justify all persons acting under the same and for proof of the publication of any such by-laws it shall be sufficient to prove that a printed paper or painted board containing a copy of such by-laws was affixed and continued in manner by this Act directed and in case of its being afterwards displaced or damaged then that such paper or board was replaced as soon as conveniently might be.

17. Any person offending against any by-law made under this

Act shall forfeit for every such offence a sum not exceeding five pounds to be imposed by such by-law as a penalty for any such offence and to be recovered by information or complaint before any Justice of the

Peace and if the infraction or non-observance of any of such by-laws

be attended with danger or annoyance to the public or hindrance to the
committee or any of the officers of the said club or the public in the lawful use of the said racecourse it shall be lawful for the committee or
any member officer or servant thereof summarily to interfere to obviate

or remove such danger annoyance or hindrance and that without 18. Whosoever shall wilfully obstruct or impede any officer

prejudice to any penalty incurred by the infraction of any such by-law.

servant or agent of the committee in the execution of his duty upon any land for the time being vested in the chairman or upon or in any building or premises connected therewith or wilfully trespass upon any such land building or premises or remove or wilfully injure any building enclosure post tree or shrub upon any such land shall on conviction

thereof before a Justice of the Peace forfeit and pay for every such offence over and above the amount of the injury done any sum not exceeding ten pounds.
19. Any member officer or servant of the committee and all persons called by him to his assistance may seize and detain any person
being upon the lands so demised who shall have committed any offence

against the provisions of this Act or of the by-laws made under this
Act and whose name and residence shall not be stated to such member

officer or servant upon his requiring the same to be stated and give

such offender in charge to a police constable who shall convey

him

him with all convenient dispatch before some Justice of the Peace without any warrant or other authority than this Act and such Justice shall proceed with all convenient dispatch to the hearing of the com­ plaint against the offender.

20. Notwithstanding the liability of any person to any penalty under the provisions of this Act or of the by-laws made under this Act he shall not be relieved from any other liability to which he would have been subject if this Act had not been passed.
21. The committee may by any by-law to be made and to come into operation as hereinbefore provided from time to time prescribe and
vary the scale of tolls and charges to be levied or taken for admission
to any land for the time being vested in the chairman or to any building standing or being thereon and may demand recover and receive such
tolls and charges from any person coming upon such land or any part

thereof or into or upon any such building.

22. The chairman may demise for any particular race-meeting
or meetings or for any other amusement or sport any portion of the

land for the time being vested in the chairman or any building erected thereon or all or any of the tolls or charges demandable under and by virtue of this Act and the lessee his collectors servants and agents shall have the same powers of demanding recovering and receiving the said

tolls and charges as are hereby given to the committee.
23. It shall be lawful for the said committee in the name of the chairman from time to time as they shall see fit on behalf of the said club for any purpose connected with the said club to procure advances and to borrow money by way of cash credit bond debentures or otherwise howsoever and to pay off and discharge such advances in such manner as may be agreed on.

24. The Secretary for Public Works for the time being may when he thinks fit authorize by writing under his hand any public
officer or other person to inspect the whole or any part of the land for
the time being vested in the chairman and all or any buildings thereon and the person so authorized on producing (if required) to any member
officer or servant of the committee requiring the same his authority may
at all reasonable times enter upon and examine the said land and the buildings erected and being thereon and may exercise all such powers and authority as may be required for the purpose of such inspection.
25. I f the person so authorized as aforesaid to inspect the said land premises and buildings certify under his hand to the said Secretary
for Works that in his opinion the surface of the said land or any part
thereof is imperfectly kept in order for the purpose of a public race­course or that any building thereon is in want of repair or is unsafe to
the public or in any other respect improper or unfit for use and which
said certificate shall contain a detailed statement of all such defects and want of repair the said Secretary may by notice in writing under his hand addressed to the chairman require the committee within a reasonable time after receipt of such notice well and sufficiently to repair and make good all or any of such defects and want of repair.
26. Every such notice with a true copy of such certificate as aforesaid shall be personally served upon the chairman or some member or officer of the committee and a true copy of such notice shall be fixed upon some part of the land or buildings the subject of such notice and every such notice so served as aforesaid and a copy of
which shall have been so fixed as aforesaid shall be deemed to have
been duly served.
27. The committee shall within a reasonable time after the

service of such notice in manner aforesaid well and sufficiently repair

and make good all such defects and want of repair mentioned in the
said certificate as by the said notice they shall be required to do.

28. Nothing herein contained shall extend or be deemed taken

or construed to extend to incorporate the said club or the members thereof or to relieve or to discharge them or any of them from any responsibility duties contracts or obligations whatsoever which they would be subject or liable to if this Act had not been passed.
29. In this Act (which may be cited for all purposes as the " Murrumbidgee Turf Club Act of 1876") the word "Club" means the Murrumbidgee Turf Club—" Committee" means the Committee for the time being of the said Club—" Chairman" means the person who is chairman for the time being of the said Committee—and " Building"
means any house outhouse stand booth stable shed tent fence or other

erection of whatsoever description for the time being standing or being on any land vested in such chairman under the provisions of this Act.

SCHEDULE.

M U R R U M B I D G E E T U R F CLUB

Memorial of the name of the Chairman of the Committee of the " Murrumbidgee Turf Club" to be recorded in the Supreme Court of the Colony of New South Wales

pursuant to an Act of the Parliament of New South Wales passed in the

year of the reign of Her Majesty Queen Victoria No.

A.B.	Chairman.
CD.
E.F.	Committee
&c.

Signed	A.B.	Chairman.
CD.
E.F.	Members of Committee of said Club and being a

&c. majority of such Committee.

I G. H. of make oath and saith that I was present and did see the

foregoing memorial signed by the abovenamed Chairman and also by the respective members of the Committee whose names appear thereto and that the members of Com­ mittee signing form a majority of the Committee of the " Murrumbidgee Turf Club."

Sworn this day of one thousand eight hundred and

Before me