276 PRACTICABLE REFORMS. 



The sale of racehorses with their engagements is another 

 matter on which some observations may be offered. 



When sold as yearlings, the rule is clearly defined and well 

 understood, both by vendors and purchasers. A list of the 

 engagements is given in the printed catalogue of the day ; 

 and these are taken over by the purchaser. If no engage- 

 ments are specified, it would be taken for granted the animals 

 had none ; and if it .should turn out otherwise, the seller 

 would not be able to compel the purchaser to take them 

 over afterwards, if he refused to do so. But older horses are 

 often sold with or without their engagements, and sometimes 

 under what are termed Lord Exeter's conditions, which are 

 not always well understood, though really so simple as to 

 need little explanation ; the fact being that horses, bought 

 under such conditions, are virtually bought without their 

 engagements — for the purchaser need neither run them, nor 

 pay their forfeits. On the other hand, should the buyer 

 prefer running, no one can prevent him doing so, so long 

 as the nominator is alive, and the new owner pays one half 

 the stake and gives the original vendor one third of the 

 results if the horse wins. These very excellent conditions 

 were made by the late Lord Exeter, and no purchaser 

 can wish to buy under better. But in selling horses in the 

 ordinary way, with their engagements, one objectionable re- 

 sult is that the seller passes the right to scratch from his own 

 to other hands. It may then happen that the minor forfeits, 

 a mere bagatelle when duly declared, are neglected and swell 

 to a serious item, which it is compulsory on the vendor to 

 pay in default of the purchaser doing so ; the remedy of the 

 former being to place the hitter's name on the forfeit list until 

 he refunds the amount. 



Now there is evidently some need of redress here in justice 



