STEWARDS. 409 



part in tlie Eace, tlie Prize, Avhieli was a Boat, was not to 

 be delivered np, unless it was fairly won to the satisfaction 

 of the Managers. In consequence of some Fouling the 

 Managers were dissatisfied, and called upon both parties 

 to stop the Race. One of the parties, however, continued 

 to row on alone, until he reached the Goal ; and then, 

 assisted by his friends, he took possession of the Prize Boat, 

 and deposited it in the defendant's yard. An action of 

 Trover was brought against the defendant by the Managers 

 to recover the Boat, and Lord Denman being of opinion 

 that the evidence of conversion on the part of the defen- 

 dant was very strong, the Jury found a verdict for the 

 plaintiff («). 



Neither the Stewards, Clerk of the Course, nor any stewards, &c. 

 other persons, can waive or vary the published conditions cannot waive 

 of any Race without the consent of all the Subscribers. of^aKaceV°^ 

 Thus where an action for Money had and received was 

 brought against the defendant, who was Clerk of the 

 Course at the Mostyn Hunt Races, for the amount of 

 Stakes held by him as the Stakeholder on a Race won 

 by a Mare of the plaintiff's called Funny : the follow- 

 ing was the printed advertisement of the Race : — " A 

 Sweepstakes of ten guineas each, five forfeit, for Horses 

 not thorough-bred that have never started against a thorough- 

 bred one or run for a Plate; that have been regularly 

 hunted with Sir Thomas Mostyn's, the Duke of Beaufort's 

 or the Duke of Grafton's hounds, up to the day of 

 naming, and are bond fide the property of the Subscribers, 

 &c. One guinea entrance. Ilorses to be named by Mr. 

 E. Deakins on or before the 22nd of March." The 

 plaintiff paid his share of the Stake, and his Mare came in 

 first ; but it appeared that the Mare had been only once 

 hunted with the hounds of Sir Thomas Mostyn. A wit- 

 ness proved that about half-an-hour before the Race was 

 run, the plaintiff said to the defendant, that he hoped he 

 was satisfied about the Mare's hunting, and that the 

 defendant replied, " Quite so : you run your Mare, we 

 have arranged that." But Mr. Baron Yaughan said, " It 

 must be shown that the Clerk of the Course had authority 

 from the Subscribers to waive the conditions of the Race. 

 It is not enough for the Clerk of the Course to say, half- 

 an-hour before the running, that he would waive a par- 



(m) Chccscman v. Hart, before Lord Denman, C. J., Guildhall, Dec. 23, 

 1847. 



