STEWARDS. 4 [ 



STEWARDS. 



The Stewards are generally the proper parties to decide Their duties, 

 all disj)utes in a Race, and all matters which, according to 

 the conditions of the Race, are to he referred to them. In 

 order to their award being a satisfactory one, they should 

 hear both sides and all join in making it ; or if one make 

 an award for all, the disputing parties, and probably also 

 the Clerk of the Course or Stakeholder, should exj)ressly 

 submit themselves to his authority ; though it would ap- 

 pear that without a strict adherence to this procedure their 

 award might be a legal one (r). The judgment of the 

 Stewards should, if possible, be obtained ; and recourse 

 should not be had to legal proceedings, unless it can be 

 shown that it is no longer practicable to get judgment from 

 the Stewards (d). But if the Stewards are unable or in- 

 competent to determine it, the case must go to a Jury, and 

 the Stakes in the meantime must remain in the hands of 

 the Clerk of the Course where he is the Stakeholder. The 

 law as to the decision of Stewards is fully laid down in the 

 following cases. 



There was a Sweepstakes at Newport Pagnell Races for Disputes to 

 Horses not tJtorough-hred. Before the Race was run, the ^^ settled by 

 plaintiff, who was owner of a Horse afterwards second in ^™" 

 the Race, gave Notice to the defendant, who was Clerk of 

 the Course, that a Horse belonging to one Shaw, which 

 afterwards came in first for the Race, was thorough-bred, 

 and therefore disqualified to start. The Rule of the Races 

 was, that all disputes were to be settled by the Stewards 

 A. and B., whose decision was to be final; and B. had 

 agreed to acquiesce in whatever A. did as Steward. Neither 

 of the Stewards were present, and on A.' being referred to, 

 he submitted the question to the Jockey Club, who refused 

 to entertain it, on the ground that it was a mere question 

 of fact, and referred it back to the decision of the Stewards. 

 A. afterwards wrote a letter to the plaintiff, saying he con- 

 sidered him entitled to the Stakes ; but no proof was given 

 that the first Horse was thorough-hred. 



It was decided that the letter was no authority, but that Award should 

 there ought to have been an express award by both ^^ °^ade by 

 Stewards; or to make an award by A. binding, there ^ ' 

 ought to be clear proof that both the disputing parties, 



(c) See post, p. 403. [d) Brown v. Ofcrlunj, 25 L. J., 



Ex. 169. 



O. D D 



