BETTING ON A RACECOURSE

Otago Daily Times, Issue 13874, 11 April 1907, Page 4

BETTING ON A RACECOURSE

AN INTERESTING LEGAL POINT. (Per Untted Phess Association.) NEW PLYMOUTH, April 8. The, adjourned sitting of the Supreme Court opened this morning, Judge Cooper presiding. In the bookmakers' appeals against convictions by the. magistrate (or betting on the racecourse in December last, the appeal of I'lannagan was allowed on the fade. In the case asrainsi Champion, liis Honor reserved his decision on an important point of law. Bering was admitted, but' the point was raised by Mr Spcnco whether tJio borough by-laws under . which the information was laid were in\Ttlid 60 fnr as applied to the racecourse on race days! The reserve was vested in tho Borough Council as trustees, but tho New Plymouth Becreation Racecourse Reserves Act expressly stated that tho council was to have ho power to make by-laws and regulations under "The Reserves Act, 1885," with regard to tho racecourse, loeislstion providing that this power bo vested in the Jockey Club, who alone could make regulations regarding tho conditions as to admitting the public to race meetings. 'Although the club had not made regulations, it could not delegate its power to the council. If the borough betting by-law could apply, to tho racecourse during races, so might the furious jecing by-law 1» mado to apply, which was absurd. Mr Quilliam argued that the council had ■ exclusive control ovor tho reserve. His Honor, in intimating that ho would take tim? to consider his judgment, siicl tho question was whether the rescrvo on race days was exclusively vested in the Joekoy Club, so that it could not bo considered a public place and the by-law could not apply on those- days.