RACING TRESPASS CASE.

Dominion, Volume 3, Issue 767, 16 March 1910, Page 7

RACING TRESPASS CASE.

FAULTY CLUB REGULATIONS. (By' Toleeraph.—Press Association.! Christchurch, March 15. Mr. Bishop, S.M., gave judgment today. in the case of the . Canterbury Jockey Club v. Archie Anderson, who was charged with being unlawfully on the Christchurch Racecourse on February 3. The magistrate' said that, in his opinion, the regulations, were not made iu accordance, with the Act,, and, therefore, must be held to be ultra vires. The point in which he had reserved -his decision was as to whether the section 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 make them conclusive evidence. The cases which had been quoted by Mr. Stringer were all distinguishable from this' particular one, and he could not find any 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 consequently, be dismissed, with costs. •

. In regard to the 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 that he would ask for an adjournment .for a week. The cases were accordingly adjourned. Mr. Stringer, K.C., appeared for the club it the' hearing of the ease, and Mr. Donnelly for defendant.