92 Horse Eacing. 



without the slightest blame being attached to her 

 jockey. 



38. A Horse Scratched out of his Engagements 

 obliged to Pay the Whole Stake. 



In the Bedford Stakes at Newmarket, October, 

 1847, Lord Spencer struck the Empress out of 

 this race a short time before the races commenced ; 

 but the trainer not being aware of this circum- 

 stance started her. 



A question rose as to whether Lord Spencer was 

 liable to pay the whole stake, or only the forfeit. 



The stewards decided that he must pay the whole 

 stake. 



Kemark : With all due submission, I assert that 

 this decision was in direct violation, of racing law. 

 Empress having been struck out was virtually de- 

 funct. If she had come in first she would not 

 have received the stakes: and if she had been 

 backed at the post, the bets would have been null 

 and void ; she was therefore to be considered as an 

 intruder, and liable to be fined 5Z. for galloping 

 with the leading horses in a race. 



A public notification that Lord Spencer had 

 Empress scratched appearing in the window of Mr. 

 Weatherley's office before the races commenced. 



