THE PUBLIC AND A RACECOURSE.

Wairarapa Age, Volume XXXII, Issue 9603, 24 September 1909, Page 5

THE PUBLIC AND A RACECOURSE.

Bv Telegraph—Press Association. WANG AN UI, September 23. A case of considerable interest is . being heard in the Supreme Court by Mr Justice Edwards, to-day, affecting the rights of the public and the trustees of the racecourse./ A number of residents at the back of the course are being summoned for trespass, and the case is to decide •whether the public have the ritrht to cross over the course. In course of evidence, Mr H. C. Field! surveyor, and a very old resident, said that in 18&1 there was a track across the course, and to the hest oi his belief the track had existed ever since. From 1851 to 1870, Witneflsoften went across thereserve, which up till then was not fenced off. As far as witness knew the track always entered and left the racecourse at the two points now used'for. entrance and exit. One house had been at the back of the course since'lß6s or 1866 and the only exit was thjough the course. The reserve was originally granted for the purpose of public utility and Was not used as a training track in the early days. Witness laid out a road round the reserve under orders of the late secretary of the Jockey Club, as the tracks were dangerous to horses in training, as the dray track soon had ruts formed in it. The case practically hinges on whether a right-of-way has existed over the course. In the event of the Joctcey Club toaing the case it is thought more than probable that an effort will be" made to obtain another course.