STEWARDS. 405 



a certain time in the possession of his owner; and the 

 Stewards w' ere to disqualify any Horse that they did not 

 consider to have been hunted in a genuine bond fide 

 manner, and their decision in all cases of dispute to be 

 final. The Horse came in first, and the owner claimed the 

 ►Stakes. On an objection that the Horse had not been 

 fairly hunted, the Stewards at once went into the question 

 in the weighing-room, and held that he had, leaving the 

 question whether the plaintiff was owner within the condi- 

 tions for future decision. They subsequently decided that 

 he was such owner, but at the same time disqualified the 

 Horse as not being fairly hunted because he had not been 

 ridden by his owner. In an action for the Stakes, the 

 Jury found that the decision in the weighing-room was in 

 favour of the Horse subject to the question of ownership, 

 and that the Stewards afterwards decided that question in 

 favour of the plaintiff, and at the same time disqualified 

 the Horse. Cockburn, C. J., told the Jury that in his 

 opinion the Stewards could not make a conditional decision, 

 and that the decision in the weighing-room was a provi- 

 sional decision only, and directed the verdict to be entered 

 for the defendant, leaving it to the plaintiff to move to 

 enter it for him, if on the findings of the J ury on the facts 

 of the case the Court should think him entitled to it. The 

 plaintiff's counsel moved accordingly, and contended that 

 the decision of the Stewards in the weighing-room was con- 

 clusive, and that as no further evidence was brought before 

 them, they could not reopen it. Erie, C. J., said, "I am 

 of opinion that there should be no rule : the action is 

 against a Stakeholder; the Ivace was run, and the Stewards 

 decided that the Stakes should not be given to the plaintiff, 

 but to another person. The Race was subject to this con- 

 dition : ' The Stewards will strictly carry out the object 

 of this meeting by disqualifying any Horse they do not 

 consider to have been hunted in a genuine and bond fide 

 manner, and their decision in all cases of dispute will be 

 final.' That makes them absolute judges of fact and law, 

 and they have ultimately decided against the plaintiff's 

 Horse. The decision in the weighing-room was an inchoate 

 decision only. A Stakeholder is not to be made liable to 

 an action where there is a stipulation in such terms as 

 these." Willes and Keating, JJ., concurred, and the rule 

 was therefore discharged. 



The Stewards of a Race are the proper parties to ap- Appointment 

 point the Judge, who may decide which is the winning °^ ^ Judge. 



