RACING. 389 



RACING. 



There are now no longer any restrictions witli regard to The law as to 

 Racing, and transactions of this description are governed ^'^cmg. 

 by the same laws as all other contracts. 



Race Horses may be owned by two persons as tenants Rights of 

 in common, claiming under different titles, and each part-owners, 

 having the right to take the Horse, and to use it exclu- 

 sively, not destroying it. And such being their rights, 

 money expended by one according to a previous arrange- 

 ment for their common benefit, is recoverable from the 

 other (a). Thus in a case in which the plaintiff and de- 

 fendant, owning a Horse in this way, agreed that the 

 plaintiff' should have the entire management of the Horse, 

 and that the expenses of keeping, training, and running 

 him should be borne, and his winnings shared, by both 

 equally ; and the Horse having won nothing, the plaintiff 

 paid the whole expenses ; it was held that even if a partner- 

 ship existed between the plaintiff and defendant (and it 

 was held by Cockbiu^n, C. J., that it did) in the manage- 

 ment and running of the Horse, half the sum expended by 

 the plaintiff was in the nature of an advance by him of 

 capital on behalf of the defendant, and which he was 

 entitled to recover from the defendant (a). 



A custom for the freemen and citizens of a particular Custom to 

 town to enter upon a certain piece of land on a particular ^^^^' 

 day for the purpose of Horse-Racing is a good custom, 

 and in pleading it, it is not necessary to aver that the 

 particular day was a seasonable one {b). But such a 

 customary right can only be applicable to certain inha- 

 bitants of the district where the custom is alleged to exist, 

 and cannot be claimed by the public at large ; and there- 

 fore if alleged to be in all the Queen's subjects, it is 

 bad (c). 



A right to race, and a right to resort to races, are on the To resort to 

 same footing ; accordingly where a person pleaded to an races, 

 action of trespass on Newmarket Heath during the Races 

 a common right for all persons to go and remain for a 

 reasonable time for the purpose of witnessing the Races, 

 the plea was held to be a bad one (c) . Nor does a right of 

 highway include a right to race {d), or a right in the public 

 to resort to Races (c). 



(«) French v. Styring, 26 L. J., (c) Earl of Coventry v. Willes, 9 



C. P. 181. L. T., N. S. 384. 



{b) Mounsey v. Ismay, 1 H. & C. {d) Sowerby v. Wadsivorth, 3 F. 



729. & F. 734. 



