STEWARDS. 413 



Eglinton's privity, but they were not sealed nor signed 

 by him. It appeared that the plaintiff, Wood, having 

 purchased one of these Tickets, came to the Stand during 

 the Races of the year 1843, and was there or in the Inclo- 

 sure while the Races were going on ; and while there, and 

 during the Races, the defendant, by the order of Lord 

 Eglinton, desired him to depart, and gave him Notice that 

 if he did not go away force would be used to turn him out. 

 The plaintiff had in no respect misconducted himself ; and 

 it was admitted that, if he had not been required to depart, 

 his coming upon and remaining in the Inclosure would 

 have been an act justified by his purchase of the Ticket. 

 The plaintiff refused to go, and thereupon the defendant, 

 by order of Lord Eglinton, forced him out, using no 

 unnecessary violence. It was held, that even assuming 

 the Ticket to have been sold to the plaintiff under the 

 sanction of Lord Eglinton, still it was lawful for Lord 

 Eglinton, without returning the guinea, and without as- 

 signing any reason for what he did, to order the plaintiff 

 to quit the Inclosure ; and that if the Jury were satisfied 

 that Notice was given to the plaintiff requiring him to 

 quit the ground, and that before he was forcibly removed 

 by the defendant a reasonable time had elapsed, during 

 which he might conveniently have gone away, then the 

 plaintiff was not, at the time of the removal, on the place 

 in question by the leave and licence of Lord Eglinton. 



On this direction a verdict was found for the defendant, 

 and a rule nisi having afterwards been obtained by the 

 plaintiff to have this verdict set aside on the ground of 

 misdirection, the Court of Exchequer, after hearing both 

 sides and taking time to consider, in an elaborate judgment 

 delivered by Mr. Baron Alderson, discharged the rule(/). 



In ordering goods or work for, the purpose of Races, the Ordering 

 Stewards should expressly inform the parties who it is that goods, 

 intends to be answerable for the payment, otherwise they 

 will be personally liable. In the case of Storr and another 

 v. Scott, Bart. (A-), it appeared that the defendant, being 

 one of the Stewards of Lichfield Races, at the request of 

 the Clerk of the Course chose a Gold Cup at Storr and 

 Mortimer's, who brought an action against him for the 

 price ; it being, however, shown that they had given credit 

 for it to the Clerk of the Course, and had accordingly sent 

 him an invoice, a verdict was found for the defendant. 



(j) Wood V. Lcadbitter, 13 M. & {k) Storr and another v. Scott, 



W. 838. ^ff/Y., 6C. &P. 241. 



