408 RACING, STAKEHOLDERS AND STEWARDS. 



which according to the terms imposed by the Referee was 

 to he a condition precedent to the Race, never took place." 

 Also where a Race was run, subject to certain con- 

 ditions, one of which was, that the riders should be " gen- 

 tlemen, farmers or tradesmen, being persons never having 

 ridden as regular Jocl-eijs or paid lliders^ Another, that 

 the decision of the Committee on any dispute that might 

 arise should be final. At the trial it appeared that the 

 rider of the plaintiif's Horse, which came first to the 

 mnning chair, had been in the habit of riding at Races, 

 sometimes receiving his expenses, but never having been paid 

 for his services, and that the plaintiff's right to the Stakes 

 was disputed on the ground of an alleged cross. Imme- 

 diately after the Race, the Jockey was required to attend 

 before the Committee, but omitted to do so. The Com- 

 mittee therefore entered upon the inquiry, and ultimately 

 came to the resolution, that unless the plaintiff would pro- 

 duce evidence before them on. the following morning to 

 induce them to alter their minds, their decision was that the 

 second Horse was the winner. This was communicated to 

 the plaintiff, but no evidence was offered, and nothing 

 more was done. 



Mr. Justice Coleridge told the Jury, that they must 

 consider, first, whether the Committee had, before the 

 commencement of the action, decided the dispute ; se- 

 condly, whether or not the Jockey was a rider qualified 

 within the language of the issue ; thirdly, whether he 

 unfairly crossed. And he further told them, that if the 

 Committee had decided the matter, their decision would 

 be conclusive, but that it must have been come to before 

 action brought, as to which the evidence was not satis- 

 factory ; and, in his opinion, the Jockey's disqualification 

 had not been established. The Jmy returned a verdict 

 for the plaintiff, and the Court of Common Pleas dis- 

 charged a rule for a new trial («). 



Terms of a All the parties whose Horses are entered must of course 



^^^' adhere to the terms of the Race, such as the weights, pay- 



ment of entrance money, &c., because no single condition 

 can be waived without the unanimous consent of the Sub- 

 scribers (/). 



Rules of a According to the Rules by which a Regatta was regu- 



ega a. lated, and which had been signed by all the parties taking 



[s] Walmslcy v. Mattheus, 3 (0 WcUcr v. Deakins, 2 C. & P. 



Scott, N. E. 584. 618 ; and see Lacey v. Umbers, 2 



C. M. &R. 116. 



