( 388 



CHAPTER II. 



RACING, STAKEHOLDERS, AND STEWARDS, 



Racing. 



The Law as to Racing 389 



liights of Fart-Oivners id. 



Custom to Race id. 



To resort to Races id. 



Rut though a good Custom, not 

 an Easement within the Pre- 

 scription Act 390 



Stakeholdees. 



Swcepstahcs 390 



Mcdches id. 



The Act for the Suppression of 



Betting Houses id. 



Entry for a Race 391 



Race not to be rumvithin a Year id. 



^'- Scratching''"' a Race Horse .. id. 

 Clerh of the Course usually 



Stakeholder 392 



Has no Right to the Stakes .... id. 

 Ground of Action against Stake- 

 holder id. 



Position of Stakeholder towards 

 the Parties, if the Race is not 



to be, or cannot be, run .... id. 



Cannot set off an unpaid Stake .. 393 



Where he may cash a Cheque . . id. 

 Stake must abide the Event of a 



legal Contract id. 



A Foot Race id. 



Batty v. Marriott overruled by 



Diggle V. Higgs 394 



Judgment of Lord Cairns, L. C. id. 

 Recovery of Money paid on an 



illegal Contract 396 



What the Party should do .... id. 

 Demand before the Money is paid 



over id. 



Bringing anActioti not sufficient. 397 

 Where the Money is paid over 



without Dispute id. 



Where a Horse is disqualified . . id. 

 Where Owner knows the Dis- 



qualif cation 398 



. Proper Party to receive the Stakes id. 

 Under xvhat Circumstances Win- 

 ner may maintain cm Action .. id. 



A Cricket Match 399 



A Wrestling Match id. 



A Dog Fight id. 



Loser may recover his Stake 

 ivhere there has been Fraud . . 399 



How he may waive his Claim . . 400 



Where a Stakeholder may re- 

 cover from, the Winner id. 



3Ioney in the hands of a Stake- 

 holder does not pass as " his 

 Moneys'^ under Depositor's 

 Will id. 



Stewaeds. 



Their Duties 401 



Disputes to be settled by them . , id. 



Award should be made by all . . id. 



Custody of the Stakes in the 

 meantime 402 



Legal Position of Steicards .... id. 



Decision not necessarily invali- 

 dated by one of them being 

 interested id. 



Decision of two out of three 

 Stewards held binding id. 



Stewards differ from legal Arbi- 

 trators 403 



Judge's Powers do not accrue if 

 Jtace is invalid id. 



SteivarcVs Decision maintained 

 by the Court of Exchequer . . id. 



Newcomen v. Lynch 404 



Provisional Decision id. 



Appointment of a Judge 40-5 



Negligence in not appointing one 406 



Decision of the Umpire or Com- 

 mittee id. 



When Jurisdiction has not at- 

 tached id. 



Terms of a Race 408 



Rules of a Regatta id. 



Stnvards, ^-c. cannot waive any 

 Condition of a Race 409 



Rules of the Jockey Club 410 



Arbitration of the Jockey Club . , id. 



Sporting Phraseology id. 



A "■Selling'' Race 411 



A professional Jockey id. 



Horse regularly hunted with 

 Hounds id. 



Match for a particular Meeting . id. 



Ordering off the Grand Stand ... 412 



Ordering Goods 413 



