STAKEHOLDERS. 391 



be paid to tlie winner of any Race, or lawful Sport, Game 

 or Exercise, or "to be paid " to the Owner of any Horse 

 engaged in any liace," as, for instance, to the second 

 Horse. 



The 18th section of 8 & 9 Yict. c. 109, which makes Entry for a 

 void all contracts or agreements by way of Graming or ^'^'^s- 

 Wagering, and prohibits the Winner in such transactions 

 from recovering either at Law or Equity, does not " apply 

 to any Subscription or Contribution, or agreement to sub- 

 scribe or contribute, for or towards any Plate, Prize or 

 Sum of Money to be awarded to the Winner or Winners 

 of any lawful Granie, Sport, Pastime or Exercise," and the 

 entry for a Race which is to be run within a year of the 

 time of such entry may be effected in the usual manner. 



Many of the great Races are not run within a year liace not to _ 

 from the time the Horses are entered, and therefore to ^® ^^^ withm 

 attach a liability to a loser who has not paid his entrance, 

 it would appear necessary under 29 Car. 2, c. 3, s. 4, that 

 some memorandum or note in writing of the agreement to 

 -pay the entrance money, signed by the party to be charged, 

 or by some other person lawfully authorized by him to do 

 so, should be given to the Stakeholder at the time of 

 entry {k) . However, this need not cause any trouble, as it 

 maybe effected by letter (/). 



The owner of a Horse entered for a Race can withdraw, "Scratching" 

 or, as it is termed, " scratch " him before the Race is run. aEaceHorse. 

 A curious application was made to Vice-Chancellor Knight 

 Bruce on this point. The Racing Stud of the late William 

 Charles Earl of Albemarle, including a valuable Racehorse 

 and the stallion " Emperor," was bequeathed to his wife 

 Charlotte Susannah Countess of Albemarle. The executor 

 filed a Bill, alleging, among other things, that the personal 

 estate of the late Earl was insufficient to pay his debts, 

 and considering that the two Horses in question and the 

 Racing Stud, unless sold immediately, would be greatly 

 depreciated in value, and that the Countess was unwilling 

 they should be sold, it was prayed that a sufficient part of 

 them might be sold, and that the Countess might be 

 restrained from withdrawing or erasing the above-men- 

 tioned Racehorse from the Book in which his name was 

 entered for the Derby or St. Leger Stakes, or any other 

 Race. 



(/■) See Bentinvk v. Connop, 5 Q. (/) See Requisites of the Statute 



B. 693 \ S.G.I Day. & M. 536. of Frauds, ante, Part 1, Chap. 1. 



