Western Australian Consolidated Acts Western Australian Consolidated ActsPreamble
Whereas by deed poll or grant from the Crown dated 11 September 1877
Her Majesty demised and leased unto Alfred Robert Waylen Walter Padbury and
Stephen Henry Parker (thereinafter and hereinafter referred to as ‘the
Lessees’ ) their executors administrators and allowed assigns All that
tract or parcel of land situate and being in the District of Swan in the
Colony of Western Australia containing 105 acres more or less and marked and
distinguished in the Maps and Books of the Survey Office of the said Colony as
No. 823 Perth Racecourse Bounded on the South-west by about 43 chains 80
links of the North-east boundary of Swan Location 33 extending South-east from
left bank of Swan River through centre of a certain blue gum tree marked [] on
its River side and [] on its Land side about 75 links South-east from
said bank through a squared and pointed post and terminating at centre of a
similar post about 7 chains 80 links farther South-east On the South-east by a
line about 22 chains 94 links in length extending North 54 degrees
East from post last aforesaid to another squared and pointed post and then by
a line about 5 chains 56 links in length extending North 59 degrees 36
minutes East to another similar post On the East by a line about 18 chains
20 links in length extending North 22 degrees 10 minutes West to left
bank of the Swan River through centre of a squared and pointed post about one
chain 90 links South-east from said bank And on the North by left bank
aforesaid between North end of the East and South-west boundaries all bearings
and boundaries being true or thereabouts Excepting and reserving to Her
Majesty her heirs and successors or for any person or persons acting in that
behalf by her or their authority full power during the term thereby granted
from time to time and at all times thereafter to resume and enter upon
possession of any part of the said piece or parcel of land which it might at
any time by Her Majesty her heirs and successors be deemed necessary to resume
for making roads canals bridges towing paths or other works of public utility
or convenience To have and to hold the premises thereby demised except as
aforesaid and subject to the powers reservations and conditions therein and in
certain Regulations for the sale letting disposal and occupation of the Waste
Lands of the Crown within the said Colony contained unto the said Lessees
their executors administrators and allowed assigns for the term of
999 years to be computed from 1 September 1877 Yielding and
paying therefor one peppercorn of yearly rent on 21 March in each year or
so soon thereafter as the same should be lawfully demanded In trust for
certain persons then associated together under the name or style of The
Western Australian Turf Club and for such other persons as might from time to
time during the said term be recognised by the Governor of the said Colony for
the time being as forming The Western Australian Turf Club And by the said
deed poll it is expressly provided that the said piece or parcel of land
should during the said term be used as a place of public enjoyment and
especially for the training and running of Race Horses and other purposes
connected therewith and in accordance with the Rules and Regulations of The
Western Australian Turf Club for the time being And that a Race Meeting should
be held upon the said land at least once in every year And that pedestrians
should be admitted on the said land (with the exception of such portions
thereof as might be reserved with the approval of the Commissioner of Crown
Lands) during such Race Meeting free of charge or on payment of such charges
as might from time to time be approved by the Governor And provided further
that it should at any time be lawful for the persons appointed by the said
Club as Stewards of the said Races to turn off the said land any persons who
might be found injuring the said land or any property thereon or violating the
Rules of the Club for the time being or behaving in a riotous or unbecoming
manner And provided further that persons on horseback and also carriages
should be admitted to such Race Meeting on payment of such charges as might be
authorised in that behalf by the Governor of the said Colony for the time
being And also that if at any time during the said term the said piece or
parcel of land should cease to be so used or if Race Meetings should not be
held and persons whether on foot or horseback or in carriages should not be
admitted as aforesaid then and in every such case it should be lawful for Her
Majesty her heirs and successors and for any person or persons acting in her
or their behalf into and upon the said demised premises or any part thereof in
the name of the whole to re-enter and the same to have again re-possess and
enjoy as if the said deed poll had not been executed Provided also that the
Governor for the time being of the said Colony should have power from time to
time to nominate in writing any person or persons to supply the place of any
Trustee or Trustees for the time being of the said deed poll who should die or
disclaim or be unable or unfit to act or desire to retire from the office and
on every such appointment that the necessary assurances should be executed for
vesting the said land and premises in the new and old Trustees or in the new
Trustees solely as the case might be And whereas with the consent of the said
Trustees the Committee of The Western Australian Turf Club have now the
control and management of the said land and premises and the Course and
buildings thereon And whereas the said Club have expended very considerable
sums of money in improving the said Course and in erecting improving and
maintaining divers good and substantial buildings erections and fences thereon
and the Club proposes from time to time to expend still further sums of
money in further improving the said Course and erecting additional buildings
thereon And whereas for the management of the affairs of the said Club and the
better maintenance and control of the said Racecourse and the buildings now or
hereafter to be erected thereon it is desirable that the said Club should be
entrusted with the care maintenance and control of the said Racecourse and
buildings and that all such powers and authorities as may be necessary or
expedient for that purpose should be conferred upon the said Club Be it
therefore enacted by the Queen’s Most Excellent Majesty by and with the
advice and consent of the Legislative Council and Legislative Assembly of
Western Australia in this present Parliament assembled and by the authority of
the same as follows: