Western Australian Current Acts Western Australian Current 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: