404 



KACIXG, STAKEHOLDERS AND STEWARDS. 



Neiccomen v. 

 Lynch. 



Provisional 

 decision. 



plaintiff then brought an action against the defendant, who 

 was Secretary to the Eace Committee, and holder of the 

 Stakes. A verdict was found for the plaintiff, reserving 

 leave to the defendant to enter a nonsuit. The Court of 

 Exchequer made the rule absolute to enter a nonsuit, and 

 Chief Baron Pollock said, " The question is, whether the 

 Steward has decided this point, and whether his decision is 

 good in point of law. I am of opinion that he has come 

 to a decision, and that that decision is sufficient." And 

 Mr. Baron Alderson said, " It would be strange, if in a 

 case like this a formal and solemn decision was necessary ; 

 if, for instance, it were requisite that a point should be 

 regularly raised before the Steward, that witnesses should 

 be examined upon oath, and the same strictness required as 

 in arbitrations under the sanction of a Court of Justice" (/). 



At a Steeple Chase, weight for age — run under certain 

 rules, one of which made the decision of the Stewards 

 final, and another required that upon entering a Horse his 

 age should be stated — the defendant's Horse was entered 

 as "aged;" he came in first, but was objected to as being 

 a " six-year-old," and not an " aged" Horse ; the Stewards 

 decided that, though, as a matter of fact, the Horse was a 

 " six-year-old," and not " aged," the misstatement in the 

 entry was immaterial, inasmuch as the weight imposed on 

 a "six-year-old" and on an "aged" Horse was the same. 

 The Irish Court of Exchequer Chamber held, that the 

 Stewards had not exceeded their jurisdiction, that there 

 being no question as to the bona fides of their judgment, 

 their decision on the construction of the rules, as well as on 

 the matters of fact, was final and conclusive between the 

 parties, and accordingly that the defendant's Horse was 

 entitled to the Stakes {ni). 



Where by the conditions of a Race the decision of the 

 Stewards in all cases of dispute is to be final, they need not 

 decide on the whole case at once, but may come to a pro- 

 visional decision on the facts before them, and subsequently 

 reopen the question and decide on the whole case, and such 

 ultimate decision will bn final. Thus, in SmitJt, v. Little- 

 dale [n), the plaintiff's Horse ran in a Eace subject to the 

 following conditions, viz.: — that he had been fairly hunted 

 with certain hounds during the season, that he had been 



(/) Bcnhow V. Jones, 14 M. & W. 

 193; S. C. 14 L. J., Ex. 257. 



(m) Neivcomen v. Lynch, 10 Ir. R., 

 C. L. 248— Ex. Ch. 'Eerersing the 



decision of the Queen's Bench, 9 

 Ir. R., C. L. 1. 



(«) 15 W. R. 69—0. P. 



