Certain land was held by the trustees and council of the Royal Agricultural Society under a Crown grant to the trustees and their heirs "in order to provide a site for the show yards of the National Agricultural Society of Victoria for holding shows for the instruction of our subjects and people." There was a condition in the grant that the land and buildings should be at all times maintained and used as and for the show yards of the society, in accordance with regulations to be made by the Governor in Council, and for no other purpose whatsoever. It was further provided the Crown should have power to re-enter if the trustees should permit or suffer the land or premises, or any part thereof, to be used for or applied to any other than the purposes before set out, or to become out of proper repair, or should alienate or attempt to alienate in fee simple, or for less estate or interest, the land so demised to them. The trustees were empowered, subject to the approval of the Governor in Council, to make regulations for "the collection and receipt by such trustees of tolls, entrance fees, or other charges for entering in or upon such lands, or any specified part or parts thereof." The trustees were precluded by the grant from making any profit out of the occupation of the land. The trustees were rated by the town council of Essendon in respect of this land at 1,500l. per annum.