CHRISTCHURCH RACECOURSE.

New Zealand Times, Volume LXXI, Issue 4313, 23 March 1901, Page 2

CHRISTCHURCH RACECOURSE.

RIGHT TO EXCLUDE BOOKMAKERS

11l the Court of. Appeal yesterday, argument was heard , in the case Edward' Patterson, appellant, and the Canter, bury ifopkey Club',' respondent, in which the poin,t was the right of the club to exclude 'bookmakers from the Christchurch racecourse. ■. ■ ; Mr Harper, with him Mr Skerrett, appeared ior the appellant j and Mr Fisher, with him Mr Stringer, for the respondent club.' ' 1 " Mr Harper said this was an appeal’ from a judgment delivered by Mr Jus-' tice Denniston, in a case ;in which the Canterbury: Jockey Club was plaintiff and the appellant, Patterson, was defendant. The dub was a private jock ly or racing club, and Patterson was a bookmaker residing in Wellington. Patterson was alleged to have trespassed on the Christchurch racecourse ; during the club’s spring meeting in November, 1900. On that ground the club sought to recover from him £IOO damages, _ and also a declaration, that it was entitled tor exdusivo possession of the racecourse on days when (under arrangement with the trustees of the racecourse) it was using the course for its, meetings, with an injunction restraining Patterson from further trespass on suoh days., Mr Justice Denniston gave judgment for the; club for £5 damages, with costs pn the middle jscale; no declaration dr injunction was granted. 'JL'jie damages were assessed at £5 ,on the, assumption that the, case had; been: brought inore for tne, purpose of testing the respective rightist of the parties than for , any Other purpose. After.:' stating i the facts, the terms , of the’ statement -if claim and the statement of defence, and the effect of Mr Justice Denniston’s reasons for His judgment, Mr Harper sub-, .mitted :that; by;; the Christchurch, Re-; Act, 1878* the Board’of 1 Trustees , constituted under that Act had to, - the racecourse as a public racecourse,, subject'to certain powers of leasing p of;tiom Of: :tho.;reserveiahd certain powers: of excluding the-publio from, portions jof thO-trustsfes wm;a-.singly the,piyuersras. trustees ipr. -the ; public,. t The rights, off the .publ'c might* be'Ciirtgiled; or ratf iotbd rtnly. ,to the ia> 11 ;oi that Act ji which gava.power to the trustees to makerules,and, regulations, anti so forth. .... ~ i The.iCbief Justice ;,I suppose the club relies pn .the powers, given in section S of'the Public Reserves Act ’ Amendment Act, 1885. Air Harper;said that was so. The appellant, however, went, back to the Act of 1878, ; and" said that the trustees —and therefore, also, the respondent clubhad not the power to exclude any persons or any class of persons, but cou'd only prescribe the conditions on width the public should be permitted to have access to the racecourse. Mr Harper mentioned that there was no question of morality in- the case; ' The l object of the respondent club in deciding to exclude bookmakers - fromthe. racecouf se was admittedly to increase its totalisator returns, as the club suffered a loss of revenue through the presence of persons oh the course who wagered otherwise than through the medium of .that machine. Mr Fisher submitted that the public had no right of access to the racecourse except by permission of the trustees. Both the Act of 1878 and the Act of 18S5 contemplated two kinds of racm.’;, one conducted by the trustees and the other by jockey’clubs. ; Mr Justice, Williams: Where does the Act of 1885"• contemplate that? Mr Fisher: ‘The Act of 1878 contem. plated it. • •, ;, . ,/ ■ . Mr Justice ' Williams : The ‘ trustees cemed in that Act were seven of the most prominent sportsmen in GaaterMr Fisher: The, trustees do not get more than enough money to keep the reserve UP,.'" ‘ J *> Mr Justice "Edwards; Then the respondent club hs.s .the whole benefit ? Mr Pisher t: said, that. :8s a matter , of fact the respondent club had erected all the racing .conveniences .which were on .the ’it’had jspent ..as much- us £3o,ooo''in‘providing J s6jne'of the’ bestfacilities- Jsor--racing., which were, to ;be found in the colonies. , :iMr Justice Edwards: The reserve has, an area of 300 acres? Mi- Fisher: Yes. -t Mr Justice Edwards: How much’ of it is used for the purposes of a racecourse?, . , Mr Pisberr J About e 175 -acres. Mr Justice -Edwards: That leaves 125 acres of ~ very-Valuable land, which . surety: must ;hring.in.Sometfaing.j . ■ i.; Mr Fisher; The trustees make what they can ’ out of it-. - W Justice. .Edwards:.. .The truth is that the respondent club gets the benefit -cf—the-whole,, either ■ directly or indirectly. \ Mr Justice Cooper: I suppose no other races are held there than those held by the respondent club ? . • Mr Fisher : . The Hunt Club's . races have been held there. Mr ‘ Justice Cooper: They are undjr the controhof the respondent club. Mr Skerrett*:! r;, ,The programme for them' has *b, th^mpoatT... .. rut

Mr Fisher: By tho metropolitan club. Mr Skerrett; The respondent club is the metropolitan club in that district. Judgment was reserved. The Court adjourned till Monday morning.