BRITISH TURF. 173 



second best horse that won a clear heat. One of 

 the distanced horses had won the first heat. 



It was decided that the winning horse cannot be 

 deemed the second horse, and therefore was not 

 entitled to the stakes; and all the others being 

 distanced, no other person could claim them. 



CASE HI. 



A gold cup &c. for horses that never won. 

 A . . 1 — B . . 2 — C . . 3 



The owner of B claimed on the ground of A's 

 disqualification, he having, the preceding, won a 

 clear heat at Chelmsford, to entitle him, according 

 to their articles, to the stakes or entrance money. 



It was decided that A was not disqualified, the 

 term ''winner " applying only to the horse that 

 beats all the rest. 



CASE IV. 



Whether a horse having won a sweepstakes of 

 23 guineas each (three subscribers) is qualified to 

 run for a £50 plate, expressed to be for horses 

 that never won plate, match, or sweepstakes of 

 that value ? 



It was decided that it was the practice, in esti- 

 mating winnings, to consider the clear sum gained 

 only, and consequently to exempt the stake of the 

 proprietor ; the horse, therefore, which had won a 

 sweepstakes of 46 guineas only, viz : two stakes 

 of 23 guineas each, was not therefore disqualified 

 for the £50 plate above mentioned. 



