REGULATIONS INVALID

New Zealand Times, Volume XXXII, Issue 7078, 16 March 1910, Page 8

REGULATIONS INVALID

PKESS ASSOCIATION. ! OHBISTCHXTBCH. March 15. Mr Bishop, S.M., gave judgment to-day in the case of the Canterbury Jockey Club v. Archie Anderson, who' was charged with being unlawfully on the Christehurch racecourse on February 3rd. The Magistrate said that, in his opinion, the regulations were not made in accordance with the, Act, and therefore must be held to be ultra vires. The point on which he liad reserved his decision was as to whether the section of the Act made the regulations, when once gazetted, sufficient evidence. After considering it, he had arrived at the conclusion that it did not affect the position at all. The regulations were initially bad, and the "Gazette" notice did not anako them conclusive evidence. The cases quoted by Mr Stringer were all distinguishable from this particular one, and he could not find authority that justified him in holding that mere publication in. the " Gazette" made them sufficient evidence, or that he was justified in any way in,refusing to go behind the initial badness of the regulations. The case would be dismissed with costs. In regard to other cases, if the club was going to appeal, he would adjourn them, but if not he would, dismiss them.

Mr Wright, who appeared for the club, said he would ask for an adjournment for a week. The cases were accordingly adjourned.

Mr Stringer, K.C.f appeared for the club at the bearing of the case, and Mr Donnelly for defendant. '