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OPINION IN WINDSOR CASES. In the case of the Windsor Jockey Club Sir r William Meredith has written a short opinion in ii which be says: -I -ee no riason why a nianufae-inriug corporation, in. orporated before March JO. I. 1S0_. may not own a raea track and hold race p mce;ings for the ainu-emcnt ol its employes and 1 their flit ads, and why bets made upon smh a J race track may not ha held t.. ionic within the c agahsjsaaa aaaataaaed in the aectlaa.** Doth eaaas were reserved and staled by W. A. • luiidy. police magistrate of Windsor, who found d batt the associations not guilty on August 2o, 1921. , of keeping a common betting house contrary to a the « 1 1 1 i 1 1 1 j it I code. The Windsor Jockey Club admitted that there p were 12. 000 jieople present at its track on July 14, . , 1321. and that many of them were using the pari- mutuel machines. The club was incorporated in Ontario on May 3. 1SS4. under the name of the Windsor Fair Grounds and Driving Dark Asuocia- i- 1 1 " . ,. r ii I. p 1 a J c d , to a p . in i- tion. and had powers to hold "driving competitions." IIk name was subsequently changed to Wiudso: Johkey lub. Ihe result turned on whether or not the company ever had the power to carry on "Tea-1 ning" races. The deputy attorney general contended that the words "driving park" purposes and "driving competitions" did not cover race meetings and . -DHSI -,| n.-ii 1 1 y did not authorize the corpotation to ..un and conduit a park when mulling rates were carried on. that raaaig race rueetigs were not driv-ing competitions within the meauing of the charter. He argued that the words of the eharter restri- ted tin- operations of the corporation in respect of horse racing, to trotting and pacing races snd to a park used for such purposes. Justii-e Ferguson and his brother judges are of the opinion that the word "driving" cannot be properly restricted to "trotting" and "pacing" race-, but includes driving hy the rider in ruuuing races. Hy rea-on of its incorporation before Man 20. 1912. the .orporatioii had capacity and power to carry on racing competitions between running horses, as distiuguish-d from trotting and pat ing horses, and by reason of the fact that the companys charter was issued under the great -eal of the proviiu-e it had the capacity which common law oitinarily attaches to eorporatious created by chart- CIS. The Western Raing Association, formerly the Ot tawa Racing Assoeiation. was incorporated in 1903. hut did not acquire a track at Windsor until after March 20, 1912. The question, "Is a race course acquired and operated In a locality other than the locality de-ignated in the original charter of the eerporatioa within the exemption?" is answered in the affirmative by the appellate division. The si i ond qiie-tiou as to whether supplementary letters patent changing the name of the association can-n celled the original charter is answered In the liega-e tive on the ground that the corporation never ceased to exist as an entity. I I j • , • h ! r ! ! . r P u • 1 ,. . 1 1
