A Sporting Case.

Hastings Standard, Issue 324, 17 May 1897, Page 2

A Sporting Case.

BLOW FOR THE BOOKMAKERS. [By Telegkaph.] ' (Per Press Association.) Wellington, This day. In the case of Pollock v. Saunders and others, brought to test questions which have arisen between bookmakers and racing clubs, the Court of Appeal was of opinion that any interference with the rights of private property such as that contended for the present case should be allowed only with great caution, and each particular case must be dealt with on its own circumstance. It had been contended that as wagering by totalisator was the only legalised form of public gambling a monopoly had been given by statute to racing elubs, which must be held to have been intended for the benefit of the public, and to have given the general public the right to enter racecourses the property of private clubs on which licensed totalisators were being used. Cases in which private owners of legalised landing places and bond warehouses had been held bound to allow goods of the general public to be landed and warehoused on their premises had been relied on as analagous, but wagering by the totalisator was only tolerated by law T and not recognised as enforceable by the Courts and it would be extravagant to its principles which had been applied for the protection of necessary trade and commerce. The Court held that there was no statutory right in any member of the public to enter any racecourse where a licensed totalisator was being used. The Court further held that the defendant Club had not licensed the plaintiff to enter their course. In the present case he had obtained admission by concealing the fact that he belonged to the excluded class of bookmakers and was therefore a trespasser from the onset. Being a trespasser he could acquire 110 right to remain from the fact that he had placed money on the totalisator. The Court therefore answered the questions in favor of the defendant trustees of the Feilding Racing Club and awarded them coats on the lowest scale.